A. The director or the director’s authorized representative shall make an examination of the 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 towards the manager for such examination that is annual charge of $ 200 ($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 in just a reasonable time following the conclusion of a study of a licensed workplace.
C. For the true purpose of discovering violations regarding 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, papers and documents utilized therein, including earnings tax statements or other reports filed at work associated with director for the income processing unit regarding the taxation and income division of:
(2) every 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 elsewhere; and
(3) anybody who the manager has cause that is reasonable think is breaking any provision associated with brand brand New Mexico Small Loan Act of 1955, whether or not the person claims become inside the authority or beyond the range of this act.
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 by the manager and completely reveal the operations and types of procedure of every licensed office, the licensee shall, in each licensed workplace, carry on file as an element of the documents associated with 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. 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 prior to the manager for assessment under oath might be offered by authorized 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. https://autotitleloansplus.com/payday-loans-wy/ 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 can be so invoked by the manager may, in case there is contumacy or refusal to obey any purchase regarding the region court issued to compel the attendance of the individual or even the production of publications, documents, written instruments and documents, punish the individual in terms of contempt of court.