Establishes uniform confidentiality and enforcement provisions relative to certain licensees under the jurisdiction of the Division of Banks, including check cashers & money order agents, institutions engaging in foreign deposit transmissions, insurance premium finance agencies, mortgage lenders, institutions engaging in motor vehicle installment sales or retail installment sales and services, institutions engaging in small loans business, and third party loan servicers.
For all of these kinds of institutions the bill enacts relatively parallel provisions, to establish, for example, that each day that a license violation occurs or continues will be deemed to be a separate offense;
That the Commissioner of Banks has the power to investigate complaints, but that the Commissioner will be required to preserve a full record of each examination of a licensee, including a statement of its condition;
That records of investigations and reports of examinations are to be confidential and privileged communications, not subject to subpoena, and not designated a public record;
That the Commissioner has the power to issue summons as part of an investigation;
That the refusal to appear, without justifiable cause, to cooperate with a summons may subject a person to a misdemeanor fine of up to $1,000 or by imprisonment for up to year;
That the Commissioner of Banks to issue a cease and desist order when he or she concludes, after a hearing, that a licensee has engaged in or is about to engage in an unlawful act or practice;
That the Commissioner is to suspend or revoke a license if the Commissioner finds violations of law or finds that any fact or condition exists which, if it had existed at the time of the original application for the license, would have warranted the Commissioner in refusing to issue the license;
That no revocation, suspension or surrender of a license will impair the obligation of any pre-existing lawful contract.
Also strikes certain parallel provisions, including those that require that a copy of a license be prominently displayed in the place of business;
That a license is only valid for one year;
That a license may not be transferred or assigned;
That certain financial institutions must deposit a surety bond, cash or securities of $100,000 with the State Treasurer.
Clarifies that certain types of financial institutions, such as a sales finance company, also includes a national banking association, federal savings bank, federal savings and loan association, federal credit union, or any bank, trust company, savings bank, savings and loan association or credit union organized under the laws of any other state of the United States, or any subsidiary of the above.