FIRST REGULAR SESSION

[P E R F E C T E D]

SENATE BILL NO. 179

91ST GENERAL ASSEMBLY


INTRODUCED BY SENATOR ROHRBACH.

Pre-filed December 5, 2000, and 1,000 copies ordered printed.



Read 2nd time January 22, 2001, and referred to the Committee on Financial and Governmental Organization, Veterans' Affairs and Elections.



Reported from the Committee February 26, 2001, with recommendation that the bill do pass and be placed on the Consent Calendar.



Taken up March 6, 2001. Read 3rd time and placed upon its final passage; bill passed.



TERRY L. SPIELER, Secretary.

0645S.01P


AN ACT

To repeal section 443.851, RSMo 2000, relating to mortgage brokers, and to enact in lieu thereof one new section relating to the same subject.


Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A.  Section 443.851, RSMo 2000, is repealed and one new section enacted in lieu thereof, to be known as section 443.851, to read as follows:

443.851.  1.  At the end of the licensee's fiscal year, but in no case more than twelve months after the last audit conducted pursuant to this section and section 443.853, each residential mortgage licensee shall cause the licensee's books and accounts to be audited by a certified public accountant not connected with such licensee.  The books and records of all persons licensed pursuant to sections 443.800 to 443.893 shall be maintained on an accrual basis.  The audit shall be sufficiently comprehensive in scope to permit the expression of an opinion on the financial statements in the report and must be performed in accordance with generally accepted accounting principles and generally accepted auditing standards.

2.  As used in this section and section 443.853, the term "expression of opinion" includes either:

(1)  An unqualified opinion;

(2)  A qualified opinion;

(3)  A disclaimer of opinion; or

(4)  An adverse opinion.

3.  If a qualified or adverse opinion is expressed or if an opinion is disclaimed, the reasons therefor shall be fully explained.  An opinion, qualified as to a scope limitation, shall not be acceptable.

4.  The audit report shall be filed with the director within one hundred twenty days of the audit date.  The report filed with the director shall be certified by the certified public accountant conducting the audit. The director may promulgate rules regarding late audit reports.

5.  A licensee may meet the requirements of this section without filing an audit report by posting and maintaining a surety bond in an amount of one hundred thousand dollars in a form specified by the director and payable to the director.






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