(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.
Structure Maryland Statutes
Title 12 - Miscellaneous Institutions and Activities
Subtitle 9 - Maryland Debt Management Services Act
Section 12-902 - Applicability
Section 12-906 - Debt Management Services Without License Prohibited; Requirements
Section 12-907 - License Requirements
Section 12-909 - Fingerprints and Criminal History Records Check
Section 12-910 - Investigation; Time Period; Issuance; Denial
Section 12-911 - Contents of License; Authorization; Transfer; Display; Notice on Website
Section 12-912 - Term, Expiration, and Renewal of License
Section 12-915 - Change of Information Included in the Application
Section 12-916 - Requirements for Providing Debt Management Services
Section 12-917 - Trust Account
Section 12-920 - Prohibited Activities
Section 12-922 - Retention of Books, Accounts, and Records
Section 12-923 - Investigation
Section 12-924 - On-Site Examination
Section 12-925 - License Number to Be Included in Advertisement
Section 12-926 - Denial, Suspension, Revocation of License
Section 12-928 - Enforcement of Subtitle