75-67-111 - Licensees to keep records; requirements as to.
§ 75-67-111. Licensees to keep records; requirements as to.
Each licensee shall keep and use in his business such books, accounts and other records which shall be in accordance with sound and accepted business practices and shall be in such form as will clearly reflect all loan transactions for every borrower and will enable the commissioner to determine whether the licensee is complying with the provisions of this article, or the Small Loan Privilege Tax Law (Section 75-67-201 et seq.). Such records shall be kept with respect to each loan transaction for a period of at least twenty-four (24) months after the final transaction on such loan. The records shall be kept in accordance with instructions of the commissioner and, in addition to any information which may be required by the commissioner, such records shall be so maintained as to clearly reflect, over the signature of the borrower, the following:
(a) Cash received by the borrower;
(b) Charges for interest;
(c) Charges for recording fees and insurance, if any;
(d) Total amount of note;
(e) Period of time for which loan is extended; and
(f) Federal annual percentage rate and the state contract rate.
All such records shall be open to the inspection of the commissioner or his duly authorized representatives at all times during regular business hours. Any suit brought against a licensee by any person on account of the violation or alleged violation of any of the provisions of this article with reference to any loan transaction shall be brought within twenty-four (24) months after the final maturity date of the loan, and not thereafter.
Sources: Codes, 1942, § 5591-06; Laws, 1958, ch. 170, § 6; Laws, 1996, ch. 423, § 3, eff from and after July 1, 1996.