18-5-3.1. Annual requirements for persons engaged in debt adjusting; designation of repository office.

Any person engaged in debt adjusting for debtors residing in this state shall meet the following annual requirements:#

1. (1)

   Obtain from an independent third party certified public accountant an annual audit of all accounts of such person in which the funds of debtors are deposited and from which payments are made to creditors on behalf of debtors. A copy of the summary results of such annual audit shall be made available upon written request to any party so requesting a copy for a charge not to exceed the cost of the reproduction of the annual audit; and#

2. (2)

   Obtain and maintain at all times insurance coverage for employee dishonesty, depositor’s forgery, and computer fraud in an amount not less than the greater of $100,000.00 or 10 percent of the monthly average for the immediately preceding six months of the aggregate amount of all deposits made with such person by all debtors. The deductible on such coverage shall not exceed 10 percent of the face amount of the policy coverage. Such policy shall be issued by a company rated at least “A-” or its equivalent by a nationally recognized rating organization and such policy shall provide for 30 days’ advance written notice of termination of the policy to be provided to the Attorney General’s office.#

A copy of the annual audits and insurance policies required by this Code section shall be filed annually with the Attorney General’s office.#

The Attorney General’s office shall act as a repository for the audits, insurance, and termination notices furnished to such office pursuant to this Code section. No oversight responsibility shall be imposed upon such office by virtue of its receipt of such documents.#