Section 397-A:13 Annual Report.
I. Each mortgage banker or mortgage broker licensee shall file, under oath, an annual report with the banking department on or before March 31 each year concerning operations for the preceding year or license period ending December 31 upon the form prescribed by the banking department.
I-a. A person who surrenders, withdraws, or does not renew a mortgage banker or mortgage broker license shall file the annual report as required in paragraph I, notwithstanding the fact that he or she is not licensed on the date that the report is due.
II. Each mortgage banker or mortgage broker licensee shall also file, under oath, its financial statement with the commissioner within 90 days from the date of its fiscal year end. The financial statement shall be prepared in accordance with generally accepted accounting principles with appropriate note disclosures. A mortgage banker's financial statement shall include a balance sheet, income statement, statement of changes in owners' equity, and a cash flow statement. A mortgage broker's financial statement shall include a balance sheet or a statement of net worth. If the financial statement filed under this section is not audited, a certification statement shall be attached and signed by a duly authorized officer of the licensee. The certification statement shall state that the financial statement is true and accurate to the best of the officer's belief and knowledge.
III. The department shall publish its analysis of the information required in the licensee's annual report as a part of the commissioner's annual report.
IV. Any mortgage banker or mortgage broker failing to file either the annual report or the financial statement required by this section within the time prescribed may be required to pay to the department a penalty of $25 for each calendar day the annual report or financial statement is overdue up to a maximum penalty of $2,500 per report or statement.
V. In addition to the annual report and financial statement, the banking department may require such additional regular or special reports as it may deem necessary to the proper supervision of mortgage banker, mortgage broker, and originator licensees under this chapter.
VI. Any originator, officer, owner, manager, or agent of any licensee and any person controlling or having a contract under which he or she has a right to control such a licensee, whether exclusively or otherwise, and any person with executive authority over or in charge of any segment of such a licensee's affairs, shall reply promptly in writing, or in other designated form, to any written inquiry from the commissioner requesting a reply. The commissioner may require that any communication made to him or her under this section be verified.
VII. Each licensee shall submit to the Nationwide Mortgage Licensing System and Registry reports of condition, which shall be in such form and shall contain such information as the Nationwide Mortgage Licensing System and Registry may require.
Source. 1987, 339:1. 1992, 125:1. 2003, 304:3; 313:10. 2004, 139:16, 17. 2005, 255:14, 15, eff. Sept. 12, 2005. 2006, 303:16, eff. Aug. 18, 2006. 2008, 205:21, eff. Aug. 15, 2008; 333:12, 13, eff. Apr. 1, 2009. 2009, 290:33, eff. July 31, 2009.