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Administrative Rules
Rule 20:07:20 MONEY LENDING LICENSES

CHAPTER 20:07:20

 

MONEY LENDING LICENSES

Section

20:07:20:01        Original license fee.

20:07:20:02        Renewal fee.

20:07:20:03        Records required to be kept -- Duration.




Rule 20:07:20:01 Original license fee.

          20:07:20:01.  Original license fee. Any person who applies for an original license shall include a non-refundable license fee of one thousand dollars with the application.

 

          Source: 24 SDR 180, effective June 30, 1998; 30 SDR 193, effective June 15, 2004; 31 SDR 165, effective May 11, 2005; 35 SDR 285, effective June 9, 2009.

          General Authority: SDCL 54-4-40.

          Law Implemented: SDCL 54-4-40.

 




Rule 20:07:20:02 Renewal fee.

          20:07:20:02.  Renewal fee. The annual renewal fee for any person licensed under SDCL 54-4-40 is eight hundred dollars and is non-refundable.

 

          Source: 24 SDR 180, effective June 30, 1998; 30 SDR 193, effective June 15, 2004; 31 SDR 165, effective May 11, 2005; 35 SDR 285, effective June 9, 2009.

          General Authority: SDCL 54-4-45.

          Law Implemented: SDCL 54-4-45.

 




Rule 20:07:20:03 Records required to be kept -- Duration.

          20:07:20:03.  Records required to be kept -- Duration. The following records shall be kept for a period of at least three years, and shall be available for investigation, examination, and copying by the division:

 

          (1)  A report of income and financial condition of the licensee;

 

          (2)  A list of all owners, members, partners, directors, officers, or twenty-five percent or more owners or shareholders of the licensee;

 

          (3)  A record of each loan made that contains the loan agreement, a record of all loan proceeds dispersed, payments received, documentation of Regulation Z compliance, customer identification program documentation, and Office of Foreign Asset Control (OFAC) reporting documentation;

 

          (4)  A record of any renewal, rollover, or flip of any loan and required principal reduction;

 

          (5)  Documentation of any down payment, check, title document, account authorization, or assignment of wages taken as security from a borrower;

 

          (6)  A record of any liens or title filings and release of the same upon satisfaction of each loan.

 

          Any records required by this section may be maintained in the form of electronically encoded data for investigation and examination in the form of computer printed reproduction, video display, or other medium that is readily convertible by the division into legible, tangible documents.

 

          Any record required by this section shall be prepared in accordance with generally accepted accounting principles, if applicable.

 

          Source: 34 SDR 322, effective June 30, 2008.

          General Authority: SDCL 54-4-38(3).

          Law Implemented: SDCL 54-4-40, 54-4-43, 54-4-57.

 

Online Archived History: