Md. Code Ann., Fin. Inst. § 12-921
Reporting requirements
Effective Jun 1, 2008Added by Acts 2003, c. 374, § 1, eff. Oct. 1, 2003; Acts 2003, c. 375, § 1, eff. Oct. 1, 2003. Amended by Acts 2008, c. 605, § 1, eff. June 1, 2008; Acts 2008, c. 606, § 1, eff. June 1, 2008.State of Maryland
(a)
- (1) On or before April 30 of each year, a licensee shall report to the Commissioner on the debt management services business of the licensee conducted during the preceding calendar year.
- (2) The annual report shall be on the form that the Commissioner requires.
(3) The report shall include:
- (i) An audited financial statement that is prepared in accordance with generally accepted accounting principles and includes a balance sheet, income statement, statement of changes in fund balances, and statement of cash flow;
- (ii) An alphabetical list of all debt management counselors who provided services for the licensee during the previous calendar year;
- (iii) The number of consumers for whom the licensee provided debt management services under a debt management services agreement during the preceding calendar year;
- (iv) The number of consumers who signed new debt management services agreements with the licensee during the preceding calendar year;
- (v) The highest number of consumers for whom the licensee provided debt management services under a debt management services agreement during any month in the preceding calendar year;
(vi) The amounts paid by consumers to the licensee, both in total and for each month, during the preceding calendar year, broken down by:
- 1. Payments to be disbursed to creditors; and
- 2. Payments for the licensee's services;
- (vii) The percentage of all consumers who received a consumer education program and subsequently executed a debt management services agreement during the preceding calendar year;
- (viii) The number of consumers who successfully completed a debt management plan during the preceding calendar year;
- (ix) The number of consumers who ceased participating in a debt management plan without successfully completing the plan during the preceding calendar year; and
- (x) A representative sample of the written summary required under § 12-916(a)(1)(i)2 of this subtitle.
(b)
(1) Within 15 days after the occurrence of any of the following events, a licensee shall file a written report with the Commissioner describing the event and its expected impact on the licensee's activities in the State:
- (i) The filing for bankruptcy or reorganization by the licensee;
- (ii) The institution of a revocation or suspension proceeding against the licensee by a governmental authority that is related to the licensee's debt management services business in any state;
- (iii) A felony indictment or conviction of the licensee, or any of its officers, directors, or debt management counselors, that is related to the licensee's debt management services business;
- (iv) The commencement of a civil action by a consumer against the licensee, or its owners, officers, directors, principals, or debt management counselors, that is related to the licensee's debt management services business;
- (v) The filing of any material litigation against the licensee, or its owners, officers, directors, principals, or debt management counselors, that is related to the licensee's debt management services business; and
- (vi) A list of all third-party vendors and other service providers that the licensee used in providing debt management services at any time in the preceding calendar year.
- (2) The written report required under paragraph (1) of this subsection shall be sent to the Commissioner by certified mail, return receipt requested, and include details sufficient to identify the event.
- (c) The Commissioner may require any other reports from a licensee that the Commissioner considers necessary.
- (d) If a licensee fails to make any report required by this subtitle, the Commissioner may require the licensee to pay a surcharge not exceeding $50 for each day that the report is overdue.
Added by Acts 2003, c. 374, § 1, eff. Oct. 1, 2003; Acts 2003, c. 375, § 1, eff. Oct. 1, 2003. Amended by Acts 2008, c. 605, § 1, eff. June 1, 2008; Acts 2008, c. 606, § 1, eff. June 1, 2008.