Examinations and investigations

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  • (a) The Banking Board or its designated agent shall examine the affairs, business, premises, and records of each licensee at least once in every three year period and at any other time the Banking Board reasonably considers necessary.

  • (b)

    • (1) Any person aggrieved by the conduct of a licensee under this chapter in connection with a mortgage loan may file a written complaint with the Banking Board, which shall investigate the complaint.

    • (2) The Banking Board may make any other examination or investigation of any person, if the Board has reasonable cause to believe that the person has violated any provision of this chapter, any regulation adopted under this chapter, or any other law regulating mortgage loan lending in the United States Virgin Islands.

  • (c) In the course of any investigation or examination, the owners, members, officers, directors, partners, and any employees of such mortgage lender or mortgage broker being investigated or examined shall afford the Banking Board full access to all premises, books, and records. For the foregoing purposes, the Banking Board, or its designated agent, has authority to administer oaths, examine under oath all the aforementioned persons, compel the production of papers and objects of all kinds, subpoena documents or other evidence, and summon and examine under oath any person whose testimony the Board requires.

  • (d)

    • (1) If any person fails to comply with a subpoena or summons of the Banking Board under this chapter or to testify concerning any matter about which the person may be interrogated under this chapter, the Banking Board may request the filing of a petition for enforcement by the Attorney General of the Virgin Islands.

    • (2) On petition by the Attorney General, the court may order the person to attend and testify or produce evidence.

  • (e) When it becomes necessary to examine or investigate the books and records of a licensee required to be licensed under this chapter at a location outside the Virgin Islands, the licensee shall be liable for, and shall pay to the Banking Board, within 30 days, the actual travel and reasonable living expenses incurred on account of its examination, supervision, and regulation, or shall pay a reasonable per diem rate approved by the Banking Board.


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