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

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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 learn:


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

B. Within a fair time following the conclusion of an study of a licensed workplace, the manager shall mail towards the licensee a duplicate associated with the report associated with the assessment, as well as any responses, exceptions, objections or criticisms associated with manager regarding the conduct of this licensee in addition to procedure for the 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) virtually any individual involved with the company described in Subsection A of section NMSA that is 58-15-3 1978 taking part in such company as major, representative, broker or perhaps; and

(3) anyone who the manager has reasonable cause to think is breaking any supply of this brand brand brand New Mexico Small Loan Act of 1955, perhaps the person claims become in the authority or beyond the range of this 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, company, trust or relationship, the licensee shall retain in a minumum of one workplace for information for the manager a record associated with a few people, businesses, beneficiaries of any trust and corporations deriving or getting any area of the advantages, net gain or earnings through the procedure for the 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 show up ahead of the manager for assessment under oath might be offered by subscribed mail. In the event that celebration notified to look may be the licensee, anybody called in the face associated with the permit being examined or any representative, worker or supervisor taking part in the licensee’s company plus the celebration doesn’t 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 conformity with all 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 because of the director may, in the event of contumacy or refusal to obey any purchase regarding the region court issued to compel the attendance of the individual or perhaps the creation of publications, documents, written instruments and documents, punish the individual in terms of contempt of court.

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