Code of Massachusetts Regulations
209 CMR - DIVISION OF BANKS AND LOAN AGENCIES
Title 209 CMR 48.00 - Licensee Record Keeping
Section 48.04 - Where to Keep Books and Records

Universal Citation: 209 MA Code of Regs 209.48

Current through Register 1531, September 27, 2024

(1) You may keep books, records, and accounts at a location in the Commonwealth. You must designate the location in NMLS, as well as the name of the individual responsible for providing access, and provide immediate access to the Commissioner or the Commissioner's designees in order to conduct an examination. If you are a student loan servicer or an automatic federal student loan servicer, you shall provide access to records not later than five business days after the Commissioner, or his or her designee, makes a request for records.

(2) You may also keep books, records, and accounts at a location outside of the Commonwealth. You must designate the location in NMLS, as well as the name of the individual responsible for providing access. If you keep books, records, and accounts out of state, you must:

(a) provide access, within 72 hours of an official request, or within five business days of an official request if you are a student loan servicer or an automatic federal student loan servicer, to any books, records, and accounts at a suitable location in the Commonwealth, as determined by the Commissioner or the Commissioner's designee, for the purpose of an examination; and

(b) for on-site examinations, provide immediate access to books, records, and accounts to the Commissioner or the Commissioner's designees in order to conduct the examination. You must also separately reimburse the Commissioner for appropriate and necessary expenses for an examiner, or examiners, to conduct an examination at a location outside of the Commonwealth.

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