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 read through:


A. One or more times every year, the manager or the director’s authorized representative shall make a study of the spot of company of each and every licensee together with loans, deals, publications, documents and documents associated with licensee insofar while they relate towards the company certified beneath the brand new Mexico Small Loan Act of 1955 while the manager may deem necessary. The licensee shall spend towards the manager for such examination that is annual charge of $ 200 ($200).

B. Within an acceptable time following the conclusion of an study of an authorized workplace, the manager shall mail into the licensee a duplicate associated with report associated with the assessment, as well as any remarks, exceptions, objections or criticisms regarding the manager regarding the conduct for the licensee plus the procedure associated with the licensed workplace.

C. For the intended purpose of discovering violations for the brand new Mexico Small Loan Act of 1955 or of securing information lawfully needed under that work, the manager or perhaps the director’s authorized representative may whenever you want investigate the business enterprise and examine the books, records, documents and documents utilized therein, including earnings tax statements or other reports filed at the office regarding the manager associated with the income processing unit regarding the taxation and income division of:

(2) just about any individual involved in the company described in Subsection A of part 58-15-3 NMSA 1978 or taking part in such company as major, representative, broker or perhaps; and

(3) anybody who the manager has cause that is reasonable think is breaking any supply regarding the brand brand New Mexico Small Loan Act of 1955, if the person claims become inside 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. To facilitate the exams and investigations because of the manager and completely reveal the operations and ways of procedure of each and every licensed office, the licensee shall, in each licensed workplace, carry on file as an element of the documents regarding the workplace all workplace manuals, communications or directives containing statements of loan policy to workplace supervisors and workers. The licensee shall keep in at least one office for information of the director a record of the several individuals, firms, beneficiaries of any trust and corporations deriving or receiving any part of the benefits, net income or profits from the operation of the licensee within New Mexico if the licensee is an individual, corporation, trust or association.

F. When it comes to purposes of the area, the manager or the director’s authorized representative shall have and become provided free usage of the workplaces and places of company, files, safes and vaults of all of the licensees and shall have authority to need the attendance of any individual also to examine the individual under oath in accordance with such loans or company or even the topic case of any assessment, research or hearing as supplied within the brand new Mexico Small Loan Act of 1955. Notices to seem ahead of the manager for assessment under oath might be offered by authorized mail. In the event that celebration notified to look may be the licensee, anybody called regarding 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 because of the notice. Upon failure of any other individual appearing or even to respond to questions, the director may affect and invoke aid from any region court of brand new Mexico in compelling the attendance and testimony of any such individual while the creation of publications, documents, written instruments and documents associated with the company for the licensee. The region court whoever help is really invoked because of the manager 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 the creation of publications, documents, written instruments and documents, punish the individual in terms of contempt of court.