2016 North Dakota Century Code Title 13 Debtor and Creditor Relationship Chapter 13-04.1 Money Brokers
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CHAPTER 13-04.1
MONEY BROKERS
13-04.1-01. Administration.
The department of financial institutions shall use its facilities to administer and enforce this
chapter. Any person or persons delegated to administer this chapter may not have financial
interests directly or indirectly in any business which is subject to this chapter. The department
has the power to promulgate rules and regulations having the force and effect of law,
reasonably necessary to carry out the provisions of this chapter, in accordance with chapter
28-32. Any hearing held and any orders issued pursuant to this chapter must be in accordance
with chapter 28-32. In addition to those powers set forth in chapter 28-32, the department has
additional powers as set forth in this chapter.
13-04.1-01.1. Definitions.
As used in this chapter, unless the context or subject matter otherwise requires:
1. "Borrower" means a person or entity that seeks out, or is solicited by a money broker
for the purpose of money brokering.
2. "Commissioner" means the commissioner of financial institutions.
3. "Money broker" means a person or entity who, in the ordinary course of business,
engages in money brokering.
4. "Money brokering" means the act of arranging or providing loans or leases as a form
of financing, or advertising or soliciting either in print, by letter, in person, or otherwise,
the right to find lenders or provide loans or leases for persons or businesses desirous
of obtaining funds for any purposes.
5. "Net branch" means an office at which a licensed money broker allows a separate
person that does not hold a valid North Dakota money brokers license to originate
loans under the license of the money broker.
6. "Net branch arrangement" means an arrangement under which a licensed money
broker enters an agreement whereby its designated branch manager has the
appearance of ownership of the licensee by, among other things, sharing in the profits
or losses, establishing, leasing, or renting the branch premises, entering other
contractual relationships with vendors such as for telephones, utilities, and advertising,
having control of a corporate checkbook, or exercising control of personnel through the
power to hire or fire such individuals. A person may be considered to be utilizing a net
branch if the net branch agreement requires the branch manager to indemnify the
licensee for damages from any apparent, express, or implied agency representation by
or through the branch's actions or if the agreement requires the branch manager to
issue a personal check to cover operating expenses whether or not funds are available
from an operating account of the licensee.
7. "Precomputed loan" means a loan that is expressed as a sum comprising the principal
and the amount of the loan finance charge computed in advance.
13-04.1-02. Money broker license required.
Except as otherwise provided, a person other than a money broker licensed and authorized
under this chapter may not engage in money brokering in the state of North Dakota without a
money broker license issued by the commissioner. A person engages in money brokering in
North Dakota if the borrower resides in North Dakota.
13-04.1-02.1. Entities exempted from licensing requirements.
This chapter does not apply to:
1. Banks;
2. Credit unions;
3. Savings and loan associations;
4. Insurance companies;
5. Individuals licensed under chapter 13-10;
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State or federal agencies and their employees;
Institutions chartered by the farm credit administration;
Trust companies;
Any other person or business regulated and licensed to lend money by the state of
North Dakota;
A real estate broker, broker, or a real estate salesperson as defined in section
43-23-06.1 in the brokering of loans to assist a person in obtaining financing for real
estate sold by the real estate broker, broker, or real estate salesperson; or
Any person, retail seller, or manufacturer providing lease financing for its own property
or inventory held as a normal course of business, or to leases on any real property.
13-04.1-03. Application for money broker license.
Every application for a money broker license or branch registration, or for a renewal thereof,
must be made upon forms designed and furnished by the department of financial institutions
and must contain any information which the department shall deem necessary and proper. A
branch registration that constitutes a net branch or net branching arrangement is prohibited. The
department may further require any application to provide additional information which is not
requested on the application form. The applicant must register with the North Dakota secretary
of state if so required.
13-04.1-04. Fee to accompany application for money broker license.
The application for license must be in writing, under oath, and in the form prescribed by the
commissioner. The application must give the location where the business is to be conducted
and must contain any further information the commissioner requires, including the names and
addresses of the partners, officers, directors, trustees, and the principal owners or members, as
will provide the basis for the investigation and findings contemplated by section 13-04.1-03. At
the time of making such application, the applicant shall include payment in the sum of four
hundred dollars, which is not subject to refund, as a fee for investigating the application, and the
sum of four hundred dollars for the annual license fee. In addition, the applicant must pay a fifty
dollar annual fee for each branch location registered to engage in money brokering in this state.
Fees must be deposited in the financial institutions regulatory fund.
13-04.1-04.1. Surety bond required.
1. Each licensee shall maintain a surety bond in an amount not less than twenty-five
thousand dollars. The surety bond must be in a form prescribed by the commissioner.
2. When an action is commenced on a licensee's bond, the commissioner may require
the filing of a new bond.
3. Immediately upon recovery upon any action on the bond, the licensee shall file a new
bond.
13-04.1-04.2. Minimum net worth required.
A minimum net worth must be continuously maintained by every licensee in accordance
with this section.
1. Minimum net worth must be maintained in the amount of twenty-five thousand dollars.
2. If the net worth of a licensee falls below the minimum net worth set forth in
subsection 1, the licensee shall provide a plan, subject to the approval of the
commissioner, to increase the licensee's net worth to an amount in conformance with
this section. Submission of a plan under this section must be made within twenty
business days of a notice from the commissioner which states the licensee is not in
compliance with subsection 1. If the licensee does not submit a plan under this
section, fails to comply with an approved plan, or has repeated violations of
subsection 1, the commissioner may revoke the license.
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13-04.1-05. Expiration and renewal of license.
All licenses required herein expire on December thirty-first of each year and may be
renewed. Renewals are effective the succeeding January first. Applications for renewal must be
submitted thirty days before the expiration of the license and must be accompanied by the
required annual fees, which are not subject to refund. The form and content of renewal
applications must be determined by the department of financial institutions, and a renewal
application may be denied upon the same grounds as would justify denial of an initial
application. When a licensee has been delinquent in renewing the licensee's license, the
department may charge an additional fee of fifty dollars for the renewal of such license. A money
broker license is not transferable. If the commissioner determines that an ownership change has
occurred in a sole proprietorship, partnership, limited liability partnership, corporation, or limited
liability corporation that was previously granted a money broker license, the commissioner may
require a new application from the purchaser. The application must be filed within forty-five days
from the date change of ownership is consummated. The department shall act on the
application within sixty days from the date the application is received but may extend the review
period for good cause. The money broker license granted to the previous owner continues in
effect to the new purchaser until the application is either granted or denied.
13-04.1-05.1. Automatic six-month extension of license during 2009 calendar year.
All current licensees who have made payment of a fee in accordance with section
13-04.1-04 or 13-04.1-05, for a money broker license effective after July 1, 2008, shall be
granted an extension of their current licenses until December 31, 2009. If at any time prior to
December 31, 2009, a licensee's license expires or otherwise terminates under this chapter, the
applicant shall be required to pay licensing fees in accordance with section 13-04.1-04, and that
license will expire on December 31, 2009.
13-04.1-06. Powers of the department of financial institutions.
Insofar as consistent with the provisions of law, the department of financial institutions has
the power to:
1. Determine the qualifications of all applicants based on financial responsibility, financial
condition, business experience, character, and general fitness which must reasonably
warrant the belief that the applicant's business will be conducted lawfully and fairly. In
determining whether this qualification is met, and for the purpose of investigating
compliance with the chapter, the commissioner may review and consider the relevant
business records and capital adequacy of the applicant and the competence,
experience, integrity, and financial ability of a person who is a member, partner,
director, officer, or twenty-five percent or more shareholder of the applicant.
2. Establish codes of ethical conduct for licensees.
13-04.1-07. Manner in which records to be kept.
Every money broker licensed under this chapter shall keep a record of all sums collected by
them and of all loans and leases completed as a result of their efforts for a period of six years
from the date of last entry thereon. The records of a licensee may be maintained electronically
provided they can be reproduced upon request by the department of financial institutions and
within the required statutory time period provided in this section. When a licensee ceases
operations for any reason, the licensee shall inform the department of the location of the
records. In addition, the licensee shall provide the name of the individual responsible for
maintenance of the records. The licensee shall notify the department within ten business days
of the change of the location of the records or the change of the individual responsible for
maintenance of the records.
13-04.1-08. Revocation of license - Suspension of license - Surrender of license.
1. The commissioner may issue and serve upon any licensee an order suspending or
revoking a licensee's license if the commissioner finds that:
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The licensee has failed to pay the annual license fee under this chapter or any
examination fee imposed by the commissioner under the authority of this chapter.
b. The licensee, either knowingly or without the exercise of due care to prevent the
same, has violated any provision of this chapter or any regulation or order lawfully
made pursuant to and within the authority of this chapter.
c. Any fact or condition existing at the time of the original application for such
license which clearly would have warranted the department of financial
institutions in refusing originally to issue such license.
d. The licensee has failed to maintain the required bond.
e. The licensee has failed to maintain registration with the secretary of state if so
required.
The order must contain a notice of opportunity for hearing pursuant to chapter 28-32.
If no hearing is requested within twenty days of the date the order is served upon the
licensee, or if a hearing is held and the commissioner finds that the record so
warrants, the commissioner may enter a final order suspending or revoking the
license.
If the commissioner finds that probable cause for revocation of any license exists and
that enforcement of the chapter requires immediate suspension of such license
pending investigation, it may, upon written notice, enter an order suspending such
license for a period not exceeding sixty days, pending the holding of a hearing as
prescribed in this chapter.
Any licensee may surrender the licensee's license by delivering it to the department of
financial institutions with written notice of its surrender, but such surrender does not
affect the licensee's civil or criminal liability for acts committed prior thereto.
13-04.1-08.1. Suspension and removal of money broker officers and employees.
1. The commissioner of financial institutions may issue and serve upon a current or
former money broker officer or employee and upon the licensee involved an order
stating:
a. That the current or former officer or employee is willfully engaging or has willfully
engaged in any of the following conduct:
(1) Violating a law, rule, order, or written agreement with the commissioner.
(2) Engaging in harassment or abuse, the making of false or misleading
representations, or engaging in unfair practices involving lending activity.
(3) Performing an act of commission or omission or practice which is a breach
of trust or a breach of fiduciary duty.
b. The term of the suspension or removal from employment and participation within
the conduct or the affairs of a money broker.
2. The order must contain a notice of opportunity for hearing pursuant to chapter 28-32.
3. If a hearing is not requested within twenty days of the date the order is served, or if a
hearing is held and the commissioner finds that the record so warrants, the
commissioner may enter a final order suspending or removing the current or former
employee. The current or former officer or employee may request a termination of the
final order after a period of no less than three years.
4. A contested or default suspension or removal order is effective immediately upon
service of the final order on the current or former officer or employee and upon the
licensee. A consent order is effective as agreed. Any current or former officer or
employee suspended or removed from employment and participation within the
conduct or the affairs of a money broker pursuant to this section is not eligible, while
under suspension or removal, to be employed or otherwise participate in the affairs of
any financial corporation, financial institution, credit union, or any other entity licensed
by the department of financial institutions.
5. When any current or former officer or employee, or other person participating in the
conduct of the affairs of a licensee is charged with a felony in state or federal court
which involves dishonesty or breach of trust, the commissioner may immediately
suspend the person from office or prohibit the person from further participation in the
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affairs of the money broker, or both. The order is effective immediately upon service of
the order on the licensee and the person charged and remains in effect until the
criminal charge is finally disposed of or until modified by the commissioner. If a
judgment of conviction, federal pretrial diversion, or similar state order or judgment is
entered, the commissioner may order that the suspension or prohibition be made
permanent. A finding of not guilty or other disposition of the charge does not preclude
the commissioner from pursuing administrative or civil remedies.
Under this section, a person engages in conduct "willfully" if the person acted
intentionally in the sense that the person was aware of what the person was doing.
13-04.1-09. Prohibited acts and practices.
It is a violation of this chapter for a person subject to this chapter to knowingly:
1. Make or cause to be made any material false statement or representation in any
application or other document or statement required to be filed under any provision of
this chapter, or to omit to state any material statement or fact necessary in order to
make the statements made, in light of the circumstances under which they are made,
not misleading.
2. Directly or indirectly, employ any device, scheme, or artifice to defraud or mislead
borrowers or lenders to defraud any person.
3. Directly or indirectly, make any untrue statement of a material fact or to omit to state a
material fact necessary in order to make the statements made, in the light of the
circumstances under which they are made, not misleading in connection with the
procurement or promise of procurement of any lender or loan funds.
4. Engage in any unfair or deceptive practice toward any person.
5. Obtain property by fraud or misrepresentation.
6. Solicit, advertise, or enter into a contract for specific interest rates, points, or other
financing terms unless the terms are actually available at the time of soliciting,
advertising, or contracting.
7. Conduct any business covered by this chapter without holding a valid license as
required under this chapter, or assist or aid and abet any person in the conduct of
business under this chapter without a valid license as required under this chapter.
8. Fail to make disclosures as required by this chapter and any other applicable state or
federal law and regulations.
9. Fail to comply with this chapter or rules adopted under this chapter, or fail to comply
with any other state or federal law, including the rules and regulations thereunder,
applicable to any business authorized or conducted under this chapter.
10. Make, in any manner, any false or deceptive statement or representation, including,
with regard to the rates, points, or other financing terms or conditions for a residential
mortgage loan or engage in bait and switch advertising.
11. Negligently make any false statement or knowingly and willfully make any omission of
material fact in connection with any information or reports filed with a governmental
agency or the nationwide mortgage licensing system and registry or in connection with
any investigation conducted by the commissioner or another governmental agency.
12. Make any payment, threat, or promise, directly or indirectly, to any person for the
purposes of influencing the independent judgment of the person in connection with a
loan or make any payment, threat, or promise, directly or indirectly, to any appraiser of
a property, for the purposes of influencing the independent judgment of the appraiser
with respect to the value of the property.
13. Collect, charge, attempt to collect or charge, or use or propose any agreement
purporting to collect or charge any fee prohibited by this chapter.
14. Cause or require a borrower to obtain property insurance coverage in an amount that
exceeds the replacement cost of the improvements as established by the property
insurer.
15. Fail to truthfully account for moneys belonging to a party to a loan transaction.
16. Conduct another business within the same office, suite, room, or place of business at
which the licensee engages in money broker business unless the commissioner
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provides written authorization after a determination the other business is not contrary
to the best interests of any borrower or potential borrower.
Enter any agreement that constitutes a precomputed loan.
13-04.1-09.1. Advance fees prohibited - Exception.
A money broker may not take any type of fee in advance before the funding of the loan or
lease, unless the money broker is licensed under this chapter.
13-04.1-09.2. Maximum charges permitted for loans not in excess of one thousand
dollars - Refund - Installment payments - Permitted charges.
1. Every licensee may make loans under this section in any amount not exceeding one
thousand dollars and may contract for, receive, or collect on the loans, charges not in
excess of two and one-half percent per month on that part of the unpaid balance of
principal not exceeding two hundred fifty dollars; two percent per month on that part of
the unpaid balance of principal exceeding two hundred fifty dollars but not exceeding
five hundred dollars; one and three-fourths percent per month on that part of the
unpaid balance of principal in excess of five hundred dollars but not exceeding seven
hundred fifty dollars; and one and one-half percent per month on that part of the
unpaid balance of principal exceeding seven hundred fifty dollars but not exceeding
one thousand dollars. For the purpose of computing charges for a fraction of a month,
whether at the maximum rate or less, a day is considered one-thirtieth of a month.
Amounts to be charged for any small loan by a licensee under this chapter may also
be calculated and charged on a stated dollar per hundred basis but the charges over
the entire term of the loan may not be in excess of the equivalent percentage charges
on the monthly unpaid balances of principal authorized in this section. If charges are
calculated and charged on a dollar per hundred basis, the loan must be repayable in
substantially equal periodic installments of principal and charges and the annual
percentage simple interest equivalent must be conspicuously stated in the note or
small loan contract executed in connection with the loan.
2. When any note or loan contract in which charges have been calculated and charged
on a dollar per hundred basis is paid in full by cash, a new loan, renewal, or otherwise,
one month or more before the final installment date, the licensee shall refund or credit
to the borrower a portion of the total charges which must be at least as great as the
sum of the full periodic installment balances scheduled to follow the installment date
following the date of prepayment in full bears to the sum of all the periodic installment
balances of the loan contract, both sums to be determined according to the payment
schedules that had been agreed upon in the loan contract. Charges during the month
of payment must be prorated in the proportion that the number of days remaining in
the installment period bears to the total days of the installment period. No refund of
one dollar or less need be made.
3. On any note or loan contract in which charges have been calculated and charged on a
dollar per hundred basis, a licensee may charge, collect, and receive on any
installment of principal and charges continuing unpaid for five or more days from the
date the payment is due a sum that may not exceed the amount of charges during the
final full month of the loan before maturity. The charge may not be collected more than
once for the same default. The charge may be collected at the time of the default or
any time thereafter. However, if the charge is taken out of any payment received after
a default occurs and if the deduction results in the default of a subsequent installment,
no charge may be made for the subsequent default.
4. On any note or loan contract in which charges have been calculated and charged on a
dollar per hundred basis, if the payment date for any scheduled installment is deferred
one or more full months and a corresponding deferment is made for all subsequent
installments, the licensee may charge and receive a deferment charge that may not
exceed one-twelfth of the charges authorized in subsection 1 applied to the balance of
principal and charges due at the date of the deferment multiplied by the number of full
months during the deferment in which no payment is made. Thereafter, charges must
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be made over the remaining extended life of the loan in the same manner and at the
same ratio as though no deferral or extension had been granted. The charges may be
collected at the time of the deferment or any later time. If the loan is prepaid in full
during the deferment period, the borrower is entitled to receive in addition to the refund
required under subsection 2 a refund of that portion of the deferment charge
applicable to any unexpired months of the deferment period.
A licensee may not enter into any contract of loan under this section under which the
borrower agrees to make any scheduled payment of principal and charges more than
twenty-four and one-half calendar months from the date of making the contract. Every
loan contract must require payment of principal and charges in installments that must
be payable at approximately equal periodic intervals, except that payment dates may
be omitted to accommodate borrowers with seasonal incomes. No installment
contracted for may be substantially larger than any preceding installment. When a loan
contract provides for monthly installments, the first installment may be payable at any
time within forty-five days after the date of the loan.
A licensee may not induce or permit any person, or husband and wife, jointly or
severally, to be obligated, directly or indirectly, under more than one contract of loan at
the same time if the multiple loans result in a higher rate of charge than would
otherwise be permitted by this chapter.
No further amount in addition to the charges provided for in this chapter may be
directly or indirectly charged, contracted for, or received. However, this restriction does
not apply to court costs, lawful fees for the filing, recording, or releasing in any public
office of any instrument securing a loan, and the identifiable charge or premium for
insurance provided for by rule. If any sum in excess of the amounts authorized by this
chapter is willfully charged, contracted for, or received, the licensee or any assignee or
other person has no right to collect or receive any charges or recompense.
13-04.1-10. Orders and injunctions.
Whenever it appears to the department of financial institutions either upon complaint or
otherwise, that any person has engaged in, is engaging in, or is about to engage in any act or
practice or transaction which is prohibited by this chapter, or by any order of the department
issued pursuant to any section of this chapter or which is declared to be illegal in this chapter,
the department may, in its discretion:
1. Issue any order, including cease and desist, stop, and suspension orders, which it
deems necessary or appropriate in the public interest or for the protection of the
public; provided, however, that any person aggrieved by an order issued pursuant to
this subsection may request a hearing before the department if such request is made
within ten days after receipt of the order. Such hearing must be held in accordance
with chapter 28-32 as must any appeal therefrom.
2. Apply to the district court of any county in this state for an injunction restraining such
person and the agents, employees, partners, officers, and directors of such person
from continuing such act, practice, or transaction of engaging therein or doing any acts
in furtherance thereof, and for such other and further relief as the facts may warrant. In
any proceeding for an injunction, the department may apply for and on due showing be
entitled to have issued the court's subpoena requiring the appearance forthwith of any
defendants and their agents, employees, partners, officers, or directors, and the
production of such documents, books, and records as may appear necessary for the
hearing upon the petition for an injunction. Upon proof of any of the offenses described
in this section, the court may grant such injunction as the facts may warrant. The court
may not require the department to post a bond.
13-04.1-11. Investigations, subpoenas, and examination authority.
In addition to any authority allowed under this chapter, the commissioner may conduct
investigations and examinations as follows:
1. The department of financial institutions in its discretion:
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May make such public or private investigation or examination within or outside
this state as it deems necessary to determine whether any person has violated or
is about to violate any provision of this chapter or any rule or order hereunder, or
to aid in the enforcement of this chapter or in the prescribing of rules and forms
hereunder. The licensee shall pay an investigation or examination fee and must
be charged by the department of financial institutions at an hourly rate to be set
by the commissioner, sufficient to cover all reasonable expenses of the
department associated with the visitation provided for by this section. Fees must
be deposited in the financial institutions regulatory fund.
b. May require or permit any person to file a statement in writing, under oath or
otherwise as the department determines, as to all the facts and circumstances
concerning the matter to be investigated or examined.
c. May publish information concerning any violation of this chapter or any rule or
order hereunder.
For the purpose of any investigation, examination, or proceeding under this chapter,
the department of financial institutions may administer oaths and affirmations,
subpoena witnesses, compel their attendance, take evidence, and require the
production of any books, papers, correspondence, memoranda, agreements, or other
documents or records which the department deems relevant or material to the inquiry.
In case of contumacy by, or refusal to obey a subpoena issued to, any person, the
district court, upon application by the department of financial institutions, may issue to
the person an order requiring such person to appear before the department, there to
produce documentary evidence if so ordered or to give evidence touching the matter in
question under investigation or examination. Failure to obey the order of the court may
be punished by the court as a contempt of court.
No person is excused from attending and testifying or from producing any document or
record before the department of financial institutions, or in obedience to the subpoena
of the department, or in any proceeding instituted by the department, on the grounds
that the testimony or evidence, documentary or otherwise, required of such person
may tend to incriminate such person or subject such person to a penalty forfeiture; but
no individual may be prosecuted or subjected to any penalty or forfeiture for or on
account of any transaction, matter, or thing concerning which such person is
compelled, after claiming the privilege against self-incrimination, to testify or produce
evidence, documentary or otherwise, except that the individual testifying is not exempt
from prosecution and punishment for perjury or contempt committed in testifying.
For purposes of initial licensing, license renewal, license suspension, license
conditioning, license revocation or termination, or general or specific inquiry or
investigation to determine compliance with this chapter, the commissioner may
access, receive, and use any books, accounts, records, files, documents, information,
or evidence, including:
a. Criminal, civil, and administrative history information, including nonconviction
data;
b. Personal history and experience information, including independent credit reports
obtained from a consumer reporting agency described in section 603(p) of the
Fair Credit Reporting Act; and
c. Any other documents, information, or evidence the commissioner deems relevant
to the inquiry or investigation regardless of the location, possession, control, or
custody of such documents, information, or evidence.
For purposes of investigating violations or complaints arising under this chapter, or for
purposes of examination, the commissioner may review, investigate, or examine any
licensee or person subject to this chapter, as often as necessary in order to carry out
the purposes of this chapter.
Each licensee or person subject to this chapter shall make available to the
commissioner upon request the books and records relating to the operations of such
licensee or person subject to this chapter. The commissioner shall have access to
such books and records and interview the officers, principals, mortgage loan
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originators, employees, independent contractors, agents, and customers of the
licensee or person subject to this chapter concerning their business.
Each licensee or person subject to this chapter shall make or compile reports or
prepare other information as directed by the commissioner in order to carry out the
purposes of this section, including:
a. Accounting compilations;
b. Information lists and data concerning loan transactions in a format prescribed by
the commissioner; or
c. Such other information deemed necessary to carry out the purposes of this
section.
In making any investigation or examination authorized by this chapter, the
commissioner may control access to any documents and records of the licensee or
person under investigation or examination. The commissioner may take possession of
the documents and records or place a person in exclusive charge of the documents
and records in the place where they are usually kept. During the period of control, a
person may not remove or attempt to remove any of the documents and records
except pursuant to a court order or with the consent of the commissioner. Unless the
commissioner has reasonable grounds to believe the documents or records of the
licensee have been, or are at risk of being altered or destroyed for purposes of
concealing a violation of this chapter, the licensee or owner of the documents and
records may have access to the documents or records as necessary to conduct its
ordinary business affairs.
In order to carry out the purposes of this section, the commissioner may:
a. Retain accountants, or other professionals and specialists as examiners,
auditors, or investigators to conduct or assist in the conduct of examinations or
investigations;
b. Enter into agreements or relationships with other government officials or
regulatory associations in order to improve efficiencies and reduce regulatory
burden by sharing resources, standardized or uniform methods or procedures,
and documents, records, information, or evidence obtained under this section;
c. Use, hire, contract, or employ publicly or privately available analytical systems,
methods, or software to examine or investigate the licensee, individual, or person
subject to this chapter;
d. Accept and rely on examination or investigation reports made by other
government officials, within or without this state; and
e. Accept audit reports made by an independent certified public accountant for the
licensee or person subject to this chapter in the course of that part of the
examination covering the same general subject matter as the audit and may
incorporate the audit report in the report of the examination, report of
investigation, or other writing of the commissioner.
The authority of this section remains in effect, whether such a licensee or person
subject to this chapter acts or claims to act under any licensing or registration law of
this state or claims to act without such authority.
A licensee or person subject to investigation or examination under this section may not
knowingly withhold, abstract, remove, mutilate, destroy, or secrete any books, records,
computer records, or other information.
13-04.1-11.1. Response to department requests.
An applicant, licensee, or other person subject to the provisions of this chapter shall comply
with requests for information, documents, or other requests from the department of financial
institutions within the time specified in the request, which must be a minimum of ten days, or, if
no time is specified, within thirty days of the mailing of the request by the department of financial
institutions. If the request for information is in regard to a new application or renewal of an
existing application and is not received within the time specified in the request, or within thirty
days of the mailing of the request, the department may deny the application.
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13-04.1-12. Remedies not exclusive.
The remedies provided for in this chapter are in addition to and not exclusive of any other
remedies provided by law.
13-04.1-13. Penalty.
Any person violating any of the provisions of this chapter or any rule or order of the
department of financial institutions made pursuant to the provisions of this chapter or who
engages in any act, practice, or transaction declared by any provision of this chapter to be
unlawful is guilty of a class C felony. The commissioner may impose a civil money penalty not to
exceed five thousand dollars per violation upon a person or agency who willfully violates a law,
rule, written agreement, or order under this chapter. An interested party may appeal the
assessment of a civil money penalty under the provisions of chapter 28-32 by filing a written
notice of appeal within twenty days after service of the assessment of civil money penalties. A
civil money penalty collected under this section must be paid to the state treasurer and
deposited in the financial institutions regulatory fund.
13-04.1-14. Confidentiality.
To promote more effective regulation and reduce regulatory burden through supervisory
information sharing:
1. Except as otherwise provided in Public Law 110-289, section 1512, the requirements
under any federal law, chapter 44-04, or section 6-01-07.1, regarding the privacy or
confidentiality of any information or material provided to the nationwide mortgage
licensing system and registry, and any privilege arising under federal or state law,
including the rules of any federal or state court, with respect to such information or
material, continue to apply to such information or material after the information or
material has been disclosed to the nationwide mortgage licensing system and registry.
Such information and material may be shared with all state and federal regulatory
officials with mortgage industry oversight authority without the loss of privilege or the
loss of confidentiality protections provided by federal law, chapter 44-04, or section
6-01-07.1.
2. For these purposes, the commissioner may enter agreements or sharing
arrangements with other governmental agencies, the conference of state bank
supervisors, the American association of residential mortgage regulators, or other
associations representing governmental agencies.
3. Information or material that is subject to a privilege or confidentiality under
subsection 1 is not subject to:
a. Disclosure under any federal or state law governing the disclosure to the public of
information held by an officer or an agency of the federal government or the
respective state; or
b. Subpoena or discovery, or admission into evidence, in any administrative
process, unless with respect to any privilege held by the nationwide mortgage
licensing system and registry with respect to such information or material, the
person to whom such information or material pertains waives, in whole or in part,
in the discretion of such person, that privilege.
4. The commissioner shall take all necessary steps, under any applicable law or rule, to
protect the disclosure of information or material that is subject to a privilege or
confidentiality under subsection 1. Records subject to a privilege or confidentiality
under subsection 1 may be required to be disclosed only pursuant to an order of the
court. The court ordering the disclosure shall issue a protective order to protect the
confidential nature of the records.
5. Application of chapter 44-04 or section 6-01-07.1, relating to the disclosure of
confidential supervisory information or any information or material described in
subsection 1 which is inconsistent with subsection 1, is superseded by the
requirements of this section.
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13-04.1-15. Change of name or address.
A licensee is required to submit within twenty business days of the date of change
notification of a change of name or change of address. The notification must be in the form
prescribed by the commissioner.
13-04.1-16. Call reports.
Each licensee shall submit to the nationwide mortgage licensing system and registry reports
of condition which must be in such form and must contain such information as the nationwide
mortgage licensing system and registry may require.
13-04.1-17. Report to nationwide mortgage licensing system and registry.
Notwithstanding state privacy law, the commissioner shall report regularly violations of this
chapter, as well as enforcement actions and other relevant information, to the nationwide
mortgage licensing system and registry subject to the provisions contained in section 13-10-15.
13-04.1-18. Disclosure of customer information.
Except for provisions of chapter 6-08.1 which are inconsistent with this chapter, chapter
6-08.1 applies to all money brokers licensed under this chapter.
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