(b) ahead of sale or project of the tiny buck loan agreement held by the little buck loan provider as a consequence of a tiny buck loan, the lending company shall spot a notice regarding the little dollar loan agreement in at the least twelve-point type that reads:
SMALL DOLLAR LOAN
No licensee may pledge, negotiate, offer, or designate a dollar that is small, except to a different licensee or even to a bank, cost cost savings bank, trust business, cost savings and loan or building and loan relationship, or credit union arranged beneath the guidelines of Hawaii or perhaps the regulations for the united states of america.”
-17 Maintenance of publications and documents. (a) Every dollar that is small shall retain in a safe and safe destination those publications and documents that straight relate solely to any little dollar loan made in this State, along with other publications and records since might be needed for the commissioner to make sure complete conformity utilizing the legislation with this State.
(b) All books and documents might be maintained as originals or photocopies, on microfilm or microfiche, on computer disks or tapes, or forms that are similar provided the publications and documents are easily available and may even easily be analyzed.
(c) All documents, statements, and reports needed or authorized by this chapter will be manufactured in writing within the English language.
(d) Every loan provider shall protect most of its records for no less than six years and for a better or reduced period while the commissioner may recommend by rule used pursuant to chapter 91.
Role II. LICENSING
-31 permit required. No individual, unless exempt under this chapter, shall work as a dollar that is small in this State unless certified to do this by the commissioner.
-32 Exemptions. This chapter shall perhaps not connect with the immediate following:
(1) a institution that is financial
(2) A nondepository service loan company that is financial
(3) an end that is”open plan”, as defined within the Truth in Lending Act, 15 usa Code part 1602(j); or
(4) a taxation reimbursement anticipation loan.
-33 L icense; application; issuance. (a) The commissioner shall require all licensees to join up with NMLS.
(b) Applicants for a permit shall use in an application as recommended by NMLS or by the commissioner. The program shall include, at least, the information that is following
(1) The appropriate title, trade names, and company target for the applicant and, in the event that applicant is just a partnership, association, restricted liability business, restricted obligation partnership, or business, each and every user, officer, principal, or director thereof;
(2) The place that is principal of;
(3) The complete target of every other branch workplaces of which the applicant currently proposes to participate in making little dollar loans; and
(4) O ther data, monetary statements, and information that is pertinent the commissioner may need with regards to the applicant or, if a job candidate is certainly not a person, all the applicant’s control people, executive officers, directors, basic lovers, and handling people.
(c) To match the purposes with this chapter, the commissioner may get into agreements or agreements with NMLS or other entities to utilize NMLS to get and continue maintaining records and procedure transaction charges or other charges pertaining to licensees or other individuals at the mercy of this chapter.
(d) with the objective and also to the level essential to take part in NMLS, the commissioner may waive or alter, in whole or in part, by rule or purchase, any or most of the needs with this chapter and establish requirements that are new fairly required to take part in NMLS.
( ag e) regarding the a credit card applicatoin for the permit under this chapter, the applicant, at least, shall furnish to NMLS information or product regarding the applicant’s identification, including:
(1) Fingerprints associated with the applicant or, if a job candidate isn’t a person, all the applicant’s control people, executive officers, directors, general lovers, and handling people for submission to your Federal Bureau of research and any agency that is governmental entity authorized to get the fingerprints for circumstances, nationwide, and worldwide criminal record background check, associated with the relevant cost charged by the entities performing the criminal back ground background check; and
(2) individual history and connection with the applicant or, if a job candidate is certainly not a person, each one of the applicant’s control people, executive officers, directors, basic lovers, and handling users in an application recommended by NMLS, like the distribution of authorization for NMLS plus the commissioner to have:
(A) a completely independent credit history obtained from the customer reporting agency described in part 603(p) of this Fair credit scoring Act, name 15 united states of america Code part 1681a(p); and
(B) Information pertaining to any administrative, civil, or unlawful findings by any jurisdiction that is governmental
so long as the commissioner can use any information acquired pursuant to the subsection or through NMLS to ascertain a job candidate’s demonstrated monetary duty, character, and basic physical fitness for licensure.
(f) The commissioner can use NMLS as a realtor for requesting information from and dispersing information into the united states of america Department of Justice or any government agency.
(g) The commissioner could use NMLS as a real estate agent for requesting and information that is distributing and from any supply directed by the commissioner.
(h) a job candidate for a permit as being a tiny buck loan provider will be registered using the company enrollment unit for the division to accomplish company in this State before a permit pursuant to the chapter will probably be awarded.