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Installment loans guidelines. 50th legislature – STATE OF NEW MEXICO – 2nd session

Installment loans guidelines. 50th legislature – STATE OF NEW MEXICO – 2nd session

AREA 7. Section 58-15-9 NMSA 1978 (being Laws 1955, Chapter 128, Section 9, as amended) is amended to see:

“58-15-9. STUDY OF LICENSEE’S BOOKS AND RECORDS–WITNESSES.–

A. At least one time every year, the manager or even the director’s authorized representative shall make an study of the spot of company of every licensee while the loans, deals, publications, documents and documents associated with the licensee insofar because they relate to your company certified beneath the brand new Mexico Small Loan Act of 1955 due to the fact manager may deem necessary. The licensee shall spend towards the manager for such annual assessment a cost of 200 dollars ($200).

B. The director shall mail to the licensee a copy of the report of the examination, together with any comments, exceptions, objections or criticisms of the director concerning the conduct of the licensee and the operation of the licensed office inside a reasonable time following the completion of an study of a licensed workplace.

C. The director or the director’s authorized representative may at any time investigate the business and examine the books, accounts, papers and records used therein, including income tax returns or other reports filed in the office of the director of the revenue processing division of the taxation and revenue department of for the purpose of discovering violations of the New Mexico Small Loan Act of 1955 or of securing information lawfully required under that act

(2) every other individual involved with business described in Subsection A of area 58-15-3 NMSA 1978 or taking part in such company as major, representative, broker or elsewhere; and

(3) anyone who the manager has cause that is reasonable believe is breaking any supply associated with brand brand brand New Mexico Small Loan Act of 1955, perhaps the person claims become in the authority or beyond the range of the work.

D. A person who advertises, solicits or makes any representation as being willing to make loan transactions in any amount, except persons, financial institutions or lending agencies operating under charters or licenses issued by a state or federal agency or under any special statute, shall be subject to investigation under the New Mexico Small Loan Act of 1955 and shall be presumed to be engaged in the business described in Subsection A of Section 58-15-3 NMSA 1978 as to any loans of two thousand five hundred dollars ($2,500) or less for the purposes of this section.

E. The licensee shall, in each licensed office, keep on file as part of the records of the office all office manuals, communications or directives containing statements of loan policy to office managers and employees to facilitate the examinations and investigations by the director and fully disclose the operations and methods of operation of each licensed office. In the event that licensee is a person, organization, trust or relationship, the licensee shall keep in one or more workplace for information associated with the manager accurate documentation for the a few people, organizations, beneficiaries of every trust and corporations deriving or getting any area of the advantages, net gain or earnings through the procedure of this licensee within brand new Mexico.

F. The director or the director’s authorized representative shall have and be given free access to the offices and places of business, files, safes and vaults of all licensees and shall have authority to require the attendance of any person and to examine the person under oath relative to such loans or business or to the subject matter of any examination, investigation or hearing as provided in the New Mexico Small Loan Act of 1955 for the purposes of this section. Notices to look ahead of the manager for assessment under oath might be offered by subscribed mail. In the event that celebration notified to seem may be the licensee, anybody called from the face associated with the permit being examined or any representative, worker or supervisor taking part in same day payday loans in Tennessee the licensee’s company and also the celebration does not appear for assessment or does not want to respond to questions submitted, the manager may, forthwith and without further notice into the licensee, suspend the permit included pending compliance using the notice. The director may apply to and invoke the aid of any district court of New Mexico in compelling the attendance and testimony of any such person and the production of books, records, written instruments and documents relating to the business of the licensee upon failure of any other person to appear or to answer questions. The region court whoever help is indeed invoked by the manager may, in case there is refusal or contumacy to obey any purchase associated with the region court issued to compel the attendance of the individual or even the manufacturing of publications, documents, written instruments and documents, punish the individual in terms of contempt of court.

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