Section 399-D:21 Separate Bank Account for Benefit of Creditors; Books and Records.


   I. Each licensee shall maintain a separate bank account for the benefit of debtors in which all payments received from debtors for the benefit of creditors shall be deposited within 24 hours of receipt thereof and in which all payments shall remain until a remittance is made to either a debtor or a creditor.
   II. Books and Records:
      (a) Every licensee shall keep and use in its business, books, accounts, and records which will enable the commissioner to determine whether such licensee is complying with the provisions of this chapter and with the regulations of the commissioner.
      (b) Every licensee shall preserve such books, accounts, and records for at least 5 years after making the final entry on any transaction recorded therein.
   III. If the commissioner or examiner finds any accounts or records to be inadequate, or kept or posted in a manner not in accordance with generally accepted accounting principles, the commissioner may employ experts to reconstruct, rewrite, post, or balance them at the expense of the person being examined if such person has failed to maintain, complete, or correct such records or accounting after the commissioner or examiner has given him or her written notice and a reasonable opportunity to do so.

Source. 2004, 230:1, eff. Sept. 9, 2004. 2008, 205:45, eff. Aug. 15, 2008.