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. At least one time every year, the manager or even the director’s authorized representative shall make an study of the area of company of every licensee in addition to loans, deals, publications, documents and documents associated with the licensee insofar while they relate into 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 yearly assessment a cost of 200 dollars ($200).

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

C. For the intended purpose of discovering violations associated with brand new Mexico Small Loan Act of 1955 or of securing information lawfully needed under that work, the manager or even 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 of this manager associated with the income processing unit associated with the taxation and income division of:

(2) some other individual involved with the company described in Subsection A of area 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 New Mexico Small Loan Act of 1955, or perhaps a person claims become inside the authority or beyond the range of this work.

D. For the purposes for this part, someone who advertises, solicits or makes any representation to be prepared to make loan deals in almost any quantity, except people, finance institutions or financing agencies running under charters or licenses granted by a situation or federal agency or under any unique statute, will be at the mercy of research beneath the brand new Mexico Small Loan Act of 1955 and will be assumed become involved with the company described in Subsection A of area 58-15-3 NMSA 1978 as to virtually any loans of two thousand five hundred bucks ($2,500) or less .

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. 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 even the manager’s authorized representative shall have and stay offered free use 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 and also to examine the individual under oath in accordance with such loans or company or even to the topic matter of any assessment, research or hearing as provided when you look at the brand new Mexico Small Loan Act of 1955. Notices to show up prior to 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 known as in the face of this permit being examined or any representative, worker or supervisor taking part in the licensee’s company while the celebration does not appear for assessment or will not respond to questions submitted, the director may, forthwith and without further notice towards the licensee, suspend the permit included pending conformity because of the notice. Upon failure of every other individual to look or even respond to questions, the director may affect and invoke the assistance of any region court of the latest Mexico in compelling the attendance and testimony of every such individual as well as the manufacturing of publications, documents, written instruments and papers regarding the company for the licensee. The district court whoever help is really invoked because of the manager may, in the event of contumacy or refusal to obey any purchase associated with the region court issued to compel the attendance of the individual or even the manufacturing of publications, records, written instruments and documents, punish the individual in terms of contempt of court.

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