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324A.156 Duties of registrants -- Recordkeeping.
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A registrant that is an organization shall:
(a) Maintain a registered agent for service of process; and
(b) Provide to the board the information required by the Secretary of State
concerning the organization's agent for service of process. If changes are made
to the information required by the Secretary of State, the changes shall be
provided to the board within five (5) business days.
A registrant shall maintain, or cause to be maintained, complete records of requests
for appraisal services referred to an appraiser licensed or certified by the board,
including without limitation records pertaining to the acceptance of fees from
clients and payments to appraisers. The board may inspect records, without prior
notice, periodically, or if the board determines that the records are pertinent to an
investigation of a complaint against a registrant.
A registrant shall designate a controlling person or managing principal responsible
for ensuring compliance with this section.
(a) The registrant shall file a form with the board:
1.
Documenting the identity of the person designated as the controlling
person or managing principal; and
2.
Certifying the individual's acceptance of the responsibility of a
controlling person or managing principal.
(b) The registrant shall submit a new form to the board within five (5) business
days after a change in its controlling person or managing principal.
(c) An individual registrant who operates as a sole proprietorship is deemed the
managing principal under this section.
A registrant shall make and keep its accounts, correspondence, memoranda, papers,
books, and other records in accordance with administrative regulations promulgated
by the board. All records shall be retained for five (5) years unless the board
establishes a different, longer retention period for particular types of records.
The registrant shall disclose, on all invoices, purchase orders, or other documents
establishing work to be performed for or compensation due from its clients,
itemized actual fees paid to any third party for services performed, including
appraisal services, for the client through contract with or arrangement through the
registrant. The disclosure shall include:
(a) The name of the third party performing the service, including a licensed
appraiser performing appraisal services;
(b) The nature of the service and itemized fees paid to the third party for appraisal
services or any other services performed; and
(c) Itemized fees or charges received by the registrant for appraisal management
services.
If the disclosure made becomes inaccurate because of changes to services requested
or performed, a revised or amended disclosure shall be provided by the end of the
next business day after the change to services has been performed, and the revised
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or amended disclosure shall be clearly marked as revised or amended and contain
sufficient information for the client to identify the original disclosure referenced.
The provisions of this section do not exempt the registrant from any other reporting
requirements contained within any federal or state law.
Effective: June 8, 2011
History: Created 2011 Ky. Acts ch. 58, sec. 4, effective June 8, 2011.
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