reglab/housing_qa huggingface dataset:
MD. Financial Institutions Code Ann. §  12-917 (2021)
2021 Maryland Statutes|Financial Institutions|Title 12 - Miscellaneous Institutions and Activities|Subtitle 9 - Maryland Debt Management Services Act|Section 12-917 - Trust Account

    (a)    Within 2 business days after receipt, a licensee shall deposit, in a trust account established for the benefit of consumers, any funds paid to the licensee by or on behalf of a consumer for disbursement to the consumer’s creditors.    (b)    A licensee shall:        (1)    Maintain separate records of account for each consumer to whom the licensee is providing debt management services;        (2)    Disburse any funds paid by or on behalf of a consumer to the consumer’s creditors within 8 business days after receipt of the funds; and        (3)    (i)    Correct any misdirected payments resulting from an error by the licensee; and            (ii)    Reimburse the consumer for any actual fees or other charges imposed by a creditor as a result of the misdirection.    (c)    A licensee may not commingle any trust account established for the benefit of consumers with any operating accounts of the licensee.
MD. Financial Institutions Code Ann. §  12-919 (2021)
2021 Maryland Statutes|Financial Institutions|Title 12 - Miscellaneous Institutions and Activities|Subtitle 9 - Maryland Debt Management Services Act|Section 12-919 - Accounting

    (a)    A licensee shall provide to each consumer with whom the licensee has a debt management services agreement a written accounting of:        (1)    The amount of funds received from the consumer for payment to the consumer’s creditors since the last report; and        (2)    The amounts and dates of disbursements made to each creditor of the consumer since the last report.    (b)    A licensee shall provide the accounting required under subsection (a) of this section:        (1)    At least once during each calendar quarter; and        (2)    On cancellation or termination of the debt management services agreement.
MD. Financial Institutions Code Ann. §  12-922 (2021)
2021 Maryland Statutes|Financial Institutions|Title 12 - Miscellaneous Institutions and Activities|Subtitle 9 - Maryland Debt Management Services Act|Section 12-922 - Retention of Books, Accounts, and Records

    (a)    To enable the Commissioner to determine compliance with this subtitle, a licensee shall make and preserve the following books, accounts, and records for a period of at least 7 years:        (1)    A general ledger containing all assets, liability, capital, income, and expense accounts;        (2)    Each debt management services agreement between the licensee and a consumer;        (3)    Books and records for each consumer with whom the licensee has a debt management services agreement;        (4)    Bank statements and bank reconciliation records;        (5)    A copy of each written summary required under § 12–916(a)(1)(i)2 of this subtitle; and        (6)    A copy of each signed acknowledgment required under § 12–916(a)(1)(i)3 of this subtitle.    (b)    A licensee may retain the books, accounts, and records required under this section at any location, provided that the licensee:        (1)    Notifies the Commissioner in writing of the location of the books, accounts, and records; and        (2)    Makes the books, accounts, and records available at a location in the State, as agreed by the Commissioner and the licensee, within 7 days after a written request for examination by the Commissioner.    (c)    A licensee shall retain the books, accounts, and records required under this section in:        (1)    Original form; or        (2)    Photographic, electronic, or other similar form approved by the Commissioner.    (d)    If the Commissioner finds that the books, accounts, and records of the licensee are insufficient to determine compliance with this subtitle, the Commissioner may require the licensee to have a certified public accountant audit the licensee, at the licensee’s expense, for any period of time that the Commissioner considers necessary.    (e)    (1)    A licensee shall keep all books, accounts, and records relating to a consumer confidential, and may not disclose any information about a consumer except to a duly authorized government official, the consumer, or the consumer’s representative.        (2)    A duly authorized government official may disclose information obtained under paragraph (1) of this subsection only in accordance with Title 4 of the General Provisions Article.    (f)    The requirements of this section also apply to books, accounts, and records in the possession of a subsidiary, affiliate, or other person that relate to the operation of and services provided by the licensee’s debt management services business.
MD. Financial Institutions Code Ann. §  12-923 (2021)
2021 Maryland Statutes|Financial Institutions|Title 12 - Miscellaneous Institutions and Activities|Subtitle 9 - Maryland Debt Management Services Act|Section 12-923 - Investigation

    (a)    To discover any violations of this subtitle or to obtain any information required by this subtitle, the Commissioner at any time may investigate the business of:        (1)    A licensee;        (2)    A person that is engaged or participating in the business of providing debt management services; and        (3)    Any other person that the Commissioner has cause to believe is violating this subtitle or any regulation adopted under this subtitle, whether that person claims to be within or beyond the scope of this subtitle.    (b)    For the purposes of this section, the Commissioner:        (1)    Shall be given access to the place of business, books, papers, records, safes, and vaults of the person under investigation; and        (2)    May summon and examine under oath any person whose testimony the Commissioner requires.    (c)    If, after an investigation conducted under this section, the Commissioner finds that the person that was investigated violated this subtitle or any regulation adopted under this subtitle, the person shall pay all reasonably incurred costs of the investigation.    (d)    (1)    If a person fails to comply with a subpoena or summons of the Commissioner under this subtitle or to testify concerning any matter about which the person may be interrogated under this subtitle, the Commissioner may file a petition for enforcement with the circuit court for any county.        (2)    On petition by the Commissioner, the court may order the person to attend and testify or produce evidence.
MD. Financial Institutions Code Ann. §  12-924 (2021)
2021 Maryland Statutes|Financial Institutions|Title 12 - Miscellaneous Institutions and Activities|Subtitle 9 - Maryland Debt Management Services Act|Section 12-924 - On-Site Examination

    (a)    The Commissioner may conduct an on-site examination of a licensee with or without prior notice.    (b)    The licensee shall pay all reasonably incurred costs directly related to an examination conducted under this section, including the travel expenses, lodging expenses, and a per diem for examiners.    (c)    An on-site examination may be conducted in conjunction with an examination performed by a representative of a responsible supervisory agency of another state.    (d)    (1)    The Commissioner, in lieu of an on-site examination, may accept the examination report of a responsible supervisory agency of another state.        (2)    A report accepted under paragraph (1) of this subsection is considered for all purposes as an official report of the Commissioner.    (e)    The Commissioner may:        (1)    Examine all books, accounts, and records that the Commissioner determines are necessary to conduct a complete examination, including the books, accounts, and records in the possession of a subsidiary, affiliate, or other person that relate to the operation of and services provided by the licensee’s debt management services business; and        (2)    Examine under oath any owner, officer, director, principal, and employee of the licensee or any other individual who may provide information on behalf of the licensee.
MD. Financial Institutions Code Ann. §  12-925 (2021)
2021 Maryland Statutes|Financial Institutions|Title 12 - Miscellaneous Institutions and Activities|Subtitle 9 - Maryland Debt Management Services Act|Section 12-925 - License Number to Be Included in Advertisement

    A licensee shall include in any advertisement the licensee’s debt management services license number.
MD. Financial Institutions Code Ann. §  12-927 (2021)
2021 Maryland Statutes|Financial Institutions|Title 12 - Miscellaneous Institutions and Activities|Subtitle 9 - Maryland Debt Management Services Act|Section 12-927 - Hearing

    (a)    Before the Commissioner denies an application for a license under § 12-910 of this subtitle or takes any action under § 12-926 of this subtitle, the Commissioner shall give the applicant or licensee an opportunity for a hearing.    (b)    Notice of the hearing shall be given and the hearing shall be held in accordance with Title 10, Subtitle 2 of the State Government Article.
MD. Financial Institutions Code Ann. §  12-928 (2021)
2021 Maryland Statutes|Financial Institutions|Title 12 - Miscellaneous Institutions and Activities|Subtitle 9 - Maryland Debt Management Services Act|Section 12-928 - Enforcement of Subtitle

    (a)    (1)    The Commissioner may enforce the provisions of this subtitle and regulations adopted under this subtitle by:            (i)    Issuing an order requiring the violator:                1.    To cease and desist from the violation and any further similar violations; and                2.    To take affirmative action to correct the violation, including the restitution of money or property to any person aggrieved by the violation; and            (ii)    Imposing a civil penalty not exceeding $10,000 for each violation.        (2)    An order issued under this subsection may apply to a licensee’s agent that violates any provision of this subtitle or the regulations adopted under this subtitle.        (3)    If a violator fails to comply with an order issued under paragraph (1)(i) of this subsection, the Commissioner may impose a civil penalty not exceeding $25,000 for each violation from which the violator failed to cease and desist or for which the violator failed to take corrective affirmative action.    (b)    The Commissioner may file a petition in the circuit court for any county seeking enforcement of an order issued under this section.    (c)    In determining the amount of financial penalty to be imposed under subsection (a) of this section, the Commissioner shall consider the following:        (1)    The seriousness of the violation;        (2)    The good faith of the violator;        (3)    The violator’s history of previous violations;        (4)    The deleterious effect of the violation on the public;        (5)    The assets of the violator; and        (6)    Any other factors relevant to the determination of the financial penalty.
MD. Financial Institutions Code Ann. §  12-929 (2021)
2021 Maryland Statutes|Financial Institutions|Title 12 - Miscellaneous Institutions and Activities|Subtitle 9 - Maryland Debt Management Services Act|Section 12-929 - Penalty for Violation of Subtitle

    A person who knowingly and willfully violates any provision of this subtitle is guilty of a felony and on conviction is subject to a fine not exceeding $1,000 for the first violation and not exceeding $5,000 for each subsequent violation or imprisonment not exceeding 5 years or both.
MD. Financial Institutions Code Ann. §  12-930 (2021)
2021 Maryland Statutes|Financial Institutions|Title 12 - Miscellaneous Institutions and Activities|Subtitle 9 - Maryland Debt Management Services Act|Section 12-930 - Civil Action

    In addition to any other remedies provided in this subtitle, a consumer may bring a civil action to recover for any damages caused by a violation of this subtitle, including court costs and reasonable attorney’s fees.
MD. Financial Institutions Code Ann. §  12-931 (2021)
2021 Maryland Statutes|Financial Institutions|Title 12 - Miscellaneous Institutions and Activities|Subtitle 9 - Maryland Debt Management Services Act|Section 12-931 - Title

    This subtitle may be cited as the Maryland Debt Management Services Act.
MD. Financial Institutions Code Ann. §  12-1001 (2021)
2021 Maryland Statutes|Financial Institutions|Title 12 - Miscellaneous Institutions and Activities|Subtitle 10 - Maryland Debt Settlement Services Act|Section 12-1001 - Definitions

    (a)    In this subtitle the following words have the meanings indicated.    (b)    “Consumer” means an individual who:        (1)    Resides in the State; and        (2)    Is seeking debt settlement services or has entered into a debt settlement services agreement in connection with debts that are consumer debts, as defined in § 13–101 of the Commercial Law Article.    (c)    “Debt management services” has the meaning stated in § 12–901 of this title.    (d)    (1)    “Debt settlement services” means any service or program represented, directly or by implication, to renegotiate, settle, reduce, or in any way alter the terms of payment or other terms of a debt between a consumer and one or more unsecured creditors or debt collectors, including a reduction in the balance, interest rate, or fees owed by a consumer to an unsecured creditor or debt collector.        (2)    “Debt settlement services” does not include debt management services.    (e)    “Debt settlement services agreement” means a written contract, plan, or agreement between a debt settlement services provider and a consumer for the performance of debt settlement services.    (f)    “Debt settlement services fee” means a fee charged to a consumer by a debt settlement services provider for providing debt settlement services for a consumer.    (g)    “Debt settlement services provider” means a person that provides or offers to provide debt settlement services for a consumer regardless of whether the person provides the debt settlement services on a for–profit or not–for–profit basis.    (h)    “Dedicated account” means an account described in § 12–1010(d) of this subtitle.    (i)    “Offer, provide, or attempt to provide debt settlement services” means providing debt settlement services:        (1)    To consumers through any means, including telephone telemarketing, Internet solicitation, and face–to–face meetings; and        (2)    On an intrastate or interstate basis.    (j)    “Principal amount of the debt” means the amount of a debt at the time the debt is included in a debt settlement services agreement.    (k)    “Registrant” means a person registered under this subtitle to provide debt settlement services.    (l)    “Unique identifier” means a number or another identifier assigned by NMLS.
MD. Financial Institutions Code Ann. §  12-1002 (2021)
2021 Maryland Statutes|Financial Institutions|Title 12 - Miscellaneous Institutions and Activities|Subtitle 10 - Maryland Debt Settlement Services Act|Section 12-1002 - Scope of Provisions; Providing Debt Management Services

    (a)    Subject to subsection (b) of this section, the provisions of this subtitle are in addition to and not in substitution for any other provision of law.    (b)    A person who periodically receives funds from consumers to be used in connection with providing debt settlement services is not engaged in providing debt management services, and is not subject to Subtitle 9 of this title, if the person:        (1)    Complies with the requirements of this subtitle;        (2)    (i)    Negotiates to settle a consumer’s debts by reducing the principal amount of the debts owed; and            (ii)    Makes no more than six settlement payments for each debt; and        (3)    Establishes a dedicated account that:            (i)    Is separate from any trust account established by the person under § 12–917 of this title; and            (ii)    Is not established solely for the purpose of holding consumer funds to be disbursed to the debt settlement services provider for fees.
MD. Financial Institutions Code Ann. §  12-1003 (2021)
2021 Maryland Statutes|Financial Institutions|Title 12 - Miscellaneous Institutions and Activities|Subtitle 10 - Maryland Debt Settlement Services Act|Section 12-1003 - Applicability of Subtitle

    This subtitle does not apply to:        (1)    The following persons when engaged in the regular course of their respective businesses and professions:            (i)    An attorney at law who is admitted to the Maryland Bar while the attorney at law is providing professional legal services in an attorney–client relationship;            (ii)    An escrow agent;            (iii)    A certified public accountant;            (iv)    A banking institution, other–state bank, national banking association, credit union, or savings and loan association;            (v)    A person that:                1.    Provides a bill payer service, as defined in § 12–401 of this title;                2.    Does not initiate any contract with individual creditors of a debtor to compromise a debt or arrange a new payment schedule; and                3.    Does not provide any debt counseling services;            (vi)    A person that provides an accelerated mortgage payment service, as defined in § 12–401 of this title;            (vii)    A title insurer, title insurance agency, or abstract company; or            (viii)    A judicial officer or a person acting under a court order;        (2)    A person while performing services incidental to the dissolution, winding up, or liquidation of a partnership, corporation, or other business enterprise;        (3)    A trade or mercantile association acting in the course of arranging the adjustment of debts with a business establishment;        (4)    (i)    A mortgage lender, as defined in § 11–501 of this article:                1.    That is licensed by the Commissioner; and                2.    While engaged in the mortgage lending business, as defined in § 11–501 of this article; or            (ii)    An employee of a mortgage lender; or        (5)    A collection agency, as defined in § 7–101 of the Business Regulation Article:            (i)    That is licensed by the State Collection Agency Licensing Board; and            (ii)    While engaged in the collection agency business, as defined in § 7–101 of the Business Regulation Article.
MD. Financial Institutions Code Ann. §  12-1004 (2021)
2021 Maryland Statutes|Financial Institutions|Title 12 - Miscellaneous Institutions and Activities|Subtitle 10 - Maryland Debt Settlement Services Act|Section 12-1004 - Registration Required

    (a)    A person may not offer, provide, or attempt to provide debt settlement services unless the person:        (1)    Is registered with the Commissioner under this subtitle; or        (2)    Is exempt from registration under this subtitle.    (b)    During the time period established by the Commissioner under subsection (c) of this section, each registrant shall:        (1)    Obtain and maintain a valid unique identifier issued by NMLS when an account is created with NMLS; and        (2)    Transfer registration information to NMLS.    (c)    (1)    The Commissioner shall establish a time period that is not less than 2 months within which a registrant must transfer registration information to NMLS.        (2)    The time period that the Commissioner establishes under this subsection shall begin on or after July 1, 2019.        (3)    At least 30 days before the transfer period begins, the Commissioner shall:            (i)    Notify registrants of the transfer period; and            (ii)    Provide instructions for the transfer of registration information to NMLS.    (d)    Subject to subsection (b) of this section, an applicant for the issuance of a registration or a renewal of a registration shall apply for the initial registration or the renewal of the registration through NMLS:        (1)    On or after July 1, 2019; or        (2)    If the Commissioner has not joined NMLS with respect to persons required to be registered under this subtitle as of July 1, 2019, on or after the date that the Commissioner joins, as specified by the Commissioner by public notice.
MD. Financial Institutions Code Ann. §  12-1005 (2021)
2021 Maryland Statutes|Financial Institutions|Title 12 - Miscellaneous Institutions and Activities|Subtitle 10 - Maryland Debt Settlement Services Act|Section 12-1005 - Implementation of Subtitle

    To carry out the provisions of this subtitle, the Commissioner may:        (1)    Adopt regulations;        (2)    Enter into cooperative and information sharing agreements with any federal or State regulatory agency having authority over debt settlement services providers; and        (3)    Exchange information about a debt settlement services provider, including information obtained during an examination, with any federal or State regulatory agency having authority over the debt settlement services provider.
MD. Financial Institutions Code Ann. §  12-1006 (2021)
2021 Maryland Statutes|Financial Institutions|Title 12 - Miscellaneous Institutions and Activities|Subtitle 10 - Maryland Debt Settlement Services Act|Section 12-1006 - Fees

    (a)    A person registering as a debt settlement services provider with the Commissioner under this subtitle shall pay to the Commissioner a nonrefundable fee in the amount of:        (1)    $400 for the issuance of a registration under this subtitle; and        (2)    $400 for the renewal of a registration under this subtitle.    (b)    In addition to the registration fee required under subsection (a) of this section, a registrant for the issuance of a registration or a renewal of a registration shall pay to NMLS any fees that NMLS imposes in connection with the issuance of the registration or the renewal of the registration.
MD. Financial Institutions Code Ann. §  12-1007 (2021)
2021 Maryland Statutes|Financial Institutions|Title 12 - Miscellaneous Institutions and Activities|Subtitle 10 - Maryland Debt Settlement Services Act|Section 12-1007 - Use of Fees; Fines and Penalties Paid to General Fund

    (a)    All revenue received for the registration of persons under this subtitle and, except as provided in subsection (b) of this section, any other fee, examination assessment, or revenue received by the Commissioner under this subtitle shall be:        (1)    Credited to the Nondepository Special Fund established under § 11–610 of this article; and        (2)    Used in accordance with § 11–610(c) of this article.    (b)    Notwithstanding subsection (a) of this section, the Commissioner shall pay all fines and penalties collected by the Commissioner under this subtitle into the General Fund of the State.
MD. Financial Institutions Code Ann. §  12-1008 (2021)
2021 Maryland Statutes|Financial Institutions|Title 12 - Miscellaneous Institutions and Activities|Subtitle 10 - Maryland Debt Settlement Services Act|Section 12-1008 - Application

    (a)    To apply for a registration, an applicant shall submit to the Commissioner an application on the form that the Commissioner provides.    (b)    The application shall include:        (1)    The applicant’s legal name, trade name, if any, main office address, telephone number, electronic mail address, if any, and website address, if any;        (2)    The name, address, and telephone number of the applicant’s designated contact for receipt of complaints;        (3)    The name, address, and telephone number of the applicant’s resident agent in the State; and        (4)    Any other information that the Commissioner reasonably requires.