Examinations; cease and desist orders; injunctions

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  • (a) The Banking Board or its duly authorized representative may at any time and shall periodically investigate the business and examine the books, accounts, papers and records of each licensee pertaining to the business of making loans of $7,500 or less; provided, however, the investigation carried out under the provisions of this section by the Banking Board shall also examine and determine if the interest rate charged to consumers is commensurate with the provisions of section 183 of this chapter and the Banking Board shall report annually to the Lieutenant Governor and the Legislature of the United States Virgin Islands regarding the results of the investigation.

  • (b) The Banking Board or its duly authorized representative may investigate at any time any person engaged in the business or participating in such business as principal, agent, broker, or otherwise; or any person who the Board has reasonable cause to believe is violating or is about to violate any provision of this subchapter, whether such person shall claim to be within the authority or beyond the scope of this subchapter. Any person not exempt hereunder who shall advertise for, solicit or hold himself out as willing to make or procure loans in the amount of, or of the value of, $7,500 or less shall be presumed to be engaged in the business described in section 182(a) of this title.

  • (c) For the purpose of this section, the Banking Board or its duly authorized representative shall have and be given free access to the office and places of business, files, safes and vaults of all such persons, and shall have authority to require the attendance of any person and to examine him under oath relative to such loans or such business or to the subject matter of any examination, investigation or hearing, and shall have authority to require the production of books, accounts, papers and records of such persons.

  • (d) Whenever the Banking Board has reasonable cause to believe that any person is engaging in the business described in section 182(a) of this title without obtaining a license as provided herein, it may in addition to all actions provided for in this subchapter and without prejudice thereto, enter an order requiring such person to desist or to refrain from such violation; and an action may be brought by the Board to enjoin such person from engaging in or continuing such violation or from doing any act or acts in furtherance thereof. In any such action, an order or judgment may be entered awarding such preliminary or final injunction as may be deemed proper.


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