AREA 7. Section 58-15-9 NMSA 1978 (being Laws 1955, Chapter 128, Section 9, as amended) is amended to learn:
“58-15-9. STUDY OF LICENSEE’S BOOKS AND RECORDS–WITNESSES.–
A. The director or the director’s authorized representative shall make an examination of the https://cashnetusaapplynow.com/payday-loans-ny/ place of business of each licensee and the loans, transactions, books, papers and records of the licensee insofar as they pertain to the business licensed under the New Mexico Small Loan Act of 1955 as the director may deem necessary at least once each year. The licensee shall spend to your manager for such yearly 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 a study of a licensed workplace.
C. For the true 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 even the director’s authorized representative may whenever you want investigate the business enterprise and examine the books, reports, documents and records utilized therein, including earnings tax statements or other reports filed at work of the manager of this income processing unit for the taxation and income division of:
(2) virtually any person involved in the company described in Subsection A of area 58-15-3 NMSA 1978 or playing such company as major, representative, broker or elsewhere; 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, perhaps the person claims become inside the authority or beyond the range of the work.
D. When it comes to purposes with this area, somebody who advertises, solicits or makes any representation to be ready to make loan deals in virtually any quantity, except people, finance institutions or financing agencies running under charters or licenses released by a situation or federal agency or under any unique statute, will probably be at the mercy of research beneath the brand new Mexico Small Loan Act of 1955 and will probably be assumed become involved in 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. For the purposes of the area, the manager or perhaps the manager’s authorized representative shall have and start to become offered 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 every individual and also to examine the individual under oath in accordance with such loans or business or even to the topic question of any assessment, investigation or hearing as supplied within the brand new Mexico Small Loan Act of 1955. Notices to seem prior to the manager 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. 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 aid is indeed 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 even the manufacturing of publications, documents, written instruments and documents, punish the individual in terms of contempt of court.