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 the director’s authorized representative shall make a study of the spot of company of each and every licensee additionally the loans, deals, publications, documents and records of this licensee insofar while they relate towards the company licensed 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 no credit check payday loans online in Arizona of the licensed workplace inside a reasonable time following the conclusion of a 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) other individual involved in 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 else; and
(3) anyone who the manager has reasonable cause to think is breaking any supply associated with the brand brand New Mexico Small Loan Act of 1955, if the person claims to be inside the authority or beyond the range of the work.
D. When it comes to purposes of the area, an individual who advertises, solicits or makes any representation to be ready to make loan deals in virtually any quantity, except individuals, banking institutions or financing agencies running under charters or licenses given by circumstances or federal agency or under any unique statute, will be susceptible to 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 your 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. For the purposes with this area, the director or perhaps the manager’s authorized representative shall have and become provided free usage of the workplaces and places of company, files, safes and vaults of most 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 to the topic question of any assessment, research or hearing as supplied when you look at the brand new Mexico Small Loan Act of 1955. Notices to show up ahead of the director for assessment under oath might be offered by subscribed mail. Any person named on the face of the license being investigated or any agent, employee or manager participating in the licensee’s business and the party fails to appear for examination or refuses to answer questions submitted, the director may, forthwith and without further notice to the licensee, suspend the license involved pending compliance with the notice if the party notified to appear is the licensee. Upon failure of any other individual to look or even respond to questions, the manager may affect and invoke the assistance of any region court of the latest Mexico in compelling the attendance and testimony of every such individual while the creation of publications, documents, written instruments and papers associated with the company for the licensee. The region court whoever help is really invoked by the manager may, in case there is contumacy or refusal to obey any purchase associated with region court issued to compel the attendance of the individual or perhaps the manufacturing of publications, documents, written instruments and documents, punish the individual in terms of contempt of court.