(A) Each credit counseling organization shall maintain and preserve in its licensed offices complete and accurate books, accounts, and records as the department may reasonably require to determine if the credit counseling organization is complying with the provisions of this chapter and rules and regulations adopted in furtherance of the provisions of this chapter. The books, accounts, and records must be maintained apart and separate from another business in which the organization is involved and must be retained for at least three years after the DMP is terminated.
(B) The records must contain all consumer information including, but not limited to, the debt management plan and extensions to it, payments, disbursements, charges, and correspondence.
(C) If the credit counseling organization's records are located outside the State, it shall provide the records to the department within three business days or, at the department's discretion, pay reasonable and necessary expenses for the department to examine them at the place where they are maintained.
HISTORY: 2005 Act No. 111, Section 1, eff 6 month after approval by the Governor (became law without the Governor's signature on June 2, 2005).
Structure South Carolina Code of Laws
Title 37 - Consumer Protection Code
Chapter 7 - Consumer Credit Counseling
Section 37-7-101. Definitions.
Section 37-7-102. Licensing requirement.
Section 37-7-103. Surety bonds.
Section 37-7-105. Continuing professional education requirements.
Section 37-7-106. Grounds for refusal to license, suspension, revocation or refusal to renew.
Section 37-7-107. Issuance or denial of license; contents and posting; renewal.
Section 37-7-110. Written contract; contents; required disclosures; cancellation of plan.
Section 37-7-113. Individualized counseling and education session.
Section 37-7-114. Records; maintenance and preservation.
Section 37-7-115. Annual reports; occurrences triggering other reports.
Section 37-7-116. Prohibited acts.
Section 37-7-117. Violations and penalties; civil action by consumer; limitations.
Section 37-7-118. Violation of Unfair Trade Practices Act.