CHAPTER 19-33 Education Loan Bill of Rights Act
§ 19-33-4. Enrollment of education loan servicers.
(a) every person or entity who or that solutions any pupil training loan granted to a student-based loan debtor after July 1, 2019, shall register with all the division as a student-based loan servicer no later than September 30, 2019, or within thirty (30) days of performing servicing of pupil training loans, whichever is previously.
(b) The enrollment conditions for this chapter shall not connect with:
(1) anyone or entity who or that solutions less than six (6) pupil training loans in this state during any consecutive twelve-month (12) duration; and
(2) anybody or entity that solutions loans for education apart from postsecondary training.
(c) included in that enrollment, anyone or entity shall:
(1) finish a enrollment within the type promulgated by the division supplying the information required by the program;
(2) spend a registration that is annual of just one thousand bucks ($1,000);
(3) give a bond where the registrant will be the obligor and which shall set you back their state for the employment of their state and of the one who may have a factor in action up against the obligor associated with relationship underneath the provisions with this chapter. The relationship will be perpetual and will probably be trained upon the obligor conforming towards the conditions for this chapter and all sorts of laws thereunder additionally the obligor will probably pay towards the continuing state also to anybody all cash that will be due or due to their state or even to the individual through the obligor underneath the conditions of the chapter. The relationship shall allow for notice directly towards the division in how specified because of the division in the event that relationship is canceled by the surety for any explanation. The relationship will be within the amount of fifty thousand bucks ($50,000);
(4) Appoint, and thereafter keep, an agent that is resident this state with authority to simply accept solution of procedure for the registrant in this state, like the procedure for garnishment:
(i) Service of process upon the representative will be considered adequate solution upon the registrant; and
(ii) Any procedure, like the procedure for garnishment, might be served upon the manager, as agent associated with registrant, in case no resident representative is available https://americashpaydayloans.com/payday-loans-co/ upon whom solution may be made, or even the registrant has neglected to designate an agent that is resident required.
(d) No enrollment will be transferable or assignable. A modification of ownership of not as much as twenty-five per cent (25%) for the voting equity or stock passions of a registrant shall never be considered a transfer or project regarding the registration. An alteration in ownership of twenty-five % (25%) or higher for the voting stock or equity passions shall need notification to your division, and enrollment because of the transferee/assignee within fifteen (15) times of the noticeable improvement in ownership. An alteration in title shall need notification to your department within fifteen (15) times.
( ag ag ag e) Any registrant shall, within twenty-four (24) hours after real knowledge, notify the division of this event of any regarding the following activities:
(1) The organization of bankruptcy, receivership, reorganization, or insolvency procedures regarding a registrant;
(2) The organization of every unfavorable federal government action against a registrant; or
(3) Any felony indictment or conviction of every registrant or any officers, directors, owners, workers, people, or lovers thereof.
(f) education loan servicers shall designate and supply contact information for a person to express the education loan servicer in communications utilizing the division. These records will be updated within ten (10) times of any noticeable change thereto.
(g) enrollment will be legitimate for starters calendar year, and education loan servicers will probably be expected to restore the department to their registration yearly.
(h) The department may evaluate a fine of ten thousand bucks ($10,000) on any education loan servicer that solutions pupil training loans for thirty (30) or higher times without registering and complying utilizing the conditions provided in this part.
(i) The division may share any information gathered through its enrollment or study of education loan servicers utilizing the attorney general.