31-1-714. Information and annual reports. (1) Each licensee shall keep and use books, accounts, and records that will enable the department to determine if the licensee is complying with the provisions of this part and maintain any other records required by the department. The department is authorized to examine the records at any reasonable time. The records must be kept for 2 years following the last entry on a loan and must be kept according to generally accepted accounting procedures that include an examiner being able to review the recordkeeping and reconcile each deferred deposit loan with documentation maintained in the consumer's loan file records.
(2) Each licensee shall file, on forms prescribed by the department, an annual report with the department on or before March 31 for the 12-month period in the preceding year ending as of December 31. The report must disclose in detail and under appropriate headings:
(a) the resources, assets, and liabilities of the licensee at the beginning and the end of the period;
(b) the income, expense, gain, loss, and balance sheets;
(c) the total number of deferred deposit loans made in the year ending as of December 31 of the previous year, including:
(i) the number of individual consumers with 12 or fewer new deferred deposit loans; and
(ii) the number of individual consumers with 13 or more new deferred deposit loans;
(d) the average deferred deposit loan amount, average annual interest percentage rate, and average deferred deposit loan term;
(e) the number of deferred deposit loans rescinded;
(f) the total number of deferred deposit loans outstanding as of December 31 of the previous year;
(g) the minimum and maximum amount of checks for which deposits were deferred in the year ending as of December 31 of the previous year;
(h) the total number and dollar amount of returned checks, the total number and dollar amount of checks recovered, and the total number and dollar amount of checks charged off during the year ending as of December 31 of the previous year;
(i) the total number and dollar amount of agreements involving electronic transactions or deductions, the total number and dollar amount of electronic deductions made by the licensee, and the total number and dollar amount of electronic deductions for insufficient funds charged off during the year ending as of December 31 of the previous year; and
(j) verification that the licensee has not used a criminal process or caused a criminal process to be used in the collection of any deferred deposit loans or used any civil process to collect the payment of deferred deposit loans not generally available to creditors to collect on loans in default during the year ending as of December 31 of the previous year.
(3) A report must be verified by the oath or affirmation of the owner, manager, or president of the deferred deposit lender.
(4) (a) If a licensee conducts another business or is affiliated with other licensees under this part or if any other situation exists under which allocations of expense are necessary, the licensee shall make the allocation according to appropriate and reasonable accounting principles as approved by the department.
(b) Information about any other business conducted on the same premises where deferred deposit loans are made must be provided as required by the department.
(5) Each licensee shall file a copy of the disclosure documents described in 31-1-721 with the department prior to the date of commencement of business at each location, at the time any changes are made to the documents, and annually upon renewal of the license. These documents must be available to interested parties and to the general public through the department.
History: En. Sec. 9, Ch. 404, L. 1999; amd. Sec. 5, Ch. 81, L. 2001; amd. Sec. 2, Ch. 119, L. 2005; amd. Sec. 9, Ch. 451, L. 2007.