31-1-815. Information and annual reports. - Montana Statutes

     31-1-815. Information and annual reports. (1) Each licensee shall keep books, accounts, and records that will enable the department to determine if the licensee is complying with the provisions of this part and shall 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 title loan and must be kept according to generally accepted accounting procedures that include an examiner being able to review the recordkeeping and reconcile each title loan with documentation maintained in the borrower'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 title loans made in the year ending as of December 31 of the previous year;
     (d) the total number of title loans outstanding as of December 31 of the previous year; and
     (e) verification that the licensee has not used a criminal process or caused a criminal process to be used in the collection of any title loans or used any civil process to collect the payment of title loans not available to title lenders under this part.
     (3) A report must be verified by the oath or affirmation of the owner, manager, or president of the title 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 title loans are made must be provided as required by the department.
     (5) Each licensee shall file a copy of the disclosure pamphlets described in 31-1-819 with the department prior to the date of commencement of business at each location, at the time that any changes are made to the pamphlets, and annually upon renewal of the license. These pamphlets must be available to interested parties and to the general public through the department.

     History: En. Sec. 9, Ch. 455, L. 2001.