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A New York examiner in 2026 wants testimony from an employee of the licensee. What power does the superintendent have to obtain the employee sworn testimony?

Correct Answer

C) The superintendent may require attendance and examine under oath

The superintendent and any person duly designated shall have authority to require the attendance of and to examine under oath all persons whose testimony he or she may require relative to such business. Other choices: the power sits with the superintendent; it reaches all persons rather than officers alone; and no consent is required. Source: N.Y. Banking Law § 596

Answer Options
A
A subpoena from a court is needed, because the power to compel a person to give sworn testimony belongs to the judiciary rather than to an administrative agency
B
Testimony may be taken only with the consent of the licensee
C
The superintendent may require attendance and examine under oath
D
Only officers and directors may be examined under oath

Why This Is the Correct Answer

The superintendent and any person duly designated shall have authority to require the attendance of and to examine under oath all persons whose testimony he or she may require relative to such business. Other choices: the power sits with the superintendent; it reaches all persons rather than officers alone; and no consent is required. Source: N.Y. Banking Law § 596

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