Section 580. Application for license  


Latest version.
  • 1. Application for a license required
      under this article shall be in writing, under  oath,  and  in  the  form
      prescribed by the superintendent, and shall contain the following:
        (a)  The  exact  name and the address of the applicant and its date of
      incorporation; and
        (b) The  name  and  complete  business  and  residential  address  and
      occupation of each officer and director of the applicant; and
        (c)  The complete address where the business of the applicant is to be
      conducted, showing the street  and  number,  if  any,  post  office  and
      building  and  room number, if any, the office building and room number,
      if any, and the municipality and county; and
        (d) If the  applicant  has  one  or  more  branches,  subsidiaries  or
      affiliates  operating  in  this state, the complete address of each such
      place of business; and
        (e)  Such  other  pertinent  information  as  the  superintendent  may
      require,  including  but  not  limited  to  evidence indicating that the
      applicant, or officer, director, or manager of  such  applicant  has  at
      least  one  year  of  experience in financial services or related fields
      applicable to budget planning.
        2. Where an applicant operates several places  of  business,  separate
      applications for license shall be made for each such place of business.
        3.  Upon original application for a license or licenses to operate one
      or more places of business, the applicant shall pay an investigation fee
      in an aggregate amount as prescribed pursuant to section  eighteen-a  of
      this  chapter. No additional investigation fee shall be required for any
      subsequent  application  for  a  license  unless  such  application   is
      subsequent  to  a  denial of a license or to a revocation, suspension or
      surrender of a license.
        4. As a condition for the issuance and retention of a  budget  planner
      license,  and  subject  to  such regulations as the superintendent shall
      prescribe, applicants for a license shall file with the superintendent a
      surety bond in form satisfactory  to  the  superintendent  issued  by  a
      bonding  company  or insurance company authorized to do business in this
      state. Except as provided hereunder, the principal amount of  such  bond
      shall  be  two  hundred  fifty  thousand dollars. The superintendent may
      require a larger bond if he or  she  determines,  in  his  or  her  sole
      discretion,  that  a  licensee  has  engaged  in  a  pattern  of conduct
      resulting in bona fide consumer complaints of misconduct and  that  such
      increased  bond  is  necessary  for  the protection of consumers; or the
      superintendent may increase or decrease  the  amount  of  such  bond  or
      deposit  based  upon  the applicant's or licensee's financial condition,
      business plan, and the actual or estimated aggregate amount of  payments
      and  fees  paid  by  debtors  to such licensee. In lieu of such bond, an
      applicant may keep on deposit with such banks,  savings  banks,  savings
      and loan associations, trust companies, private bankers, national banks,
      federal  savings  banks, or federal savings and loan associations in the
      state as such licensee may designate and the superintendent may approve,
      interest-bearing bonds, notes, debentures, or other obligations  of  the
      United States or any agency or instrumentality thereof, or guaranteed by
      the  United  States,  or  of  this  state,  or  of a city, county, town,
      village, school district, or instrumentality of this state or guaranteed
      by this state, or dollar deposits, or such other assets  or  letters  of
      credit  as  the  superintendent  shall by rule or regulation permit. The
      proceeds of each bond or deposit shall constitute a  trust  fund  to  be
      used  exclusively  to  reimburse  payments by debtors that have not been
      properly distributed to creditors or to reimburse fees determined by the
      superintendent to be improperly charged or collected and, in  the  event
      of  the  insolvency, liquidation, or bankruptcy of such licensee, to pay
    
      outstanding banking department examination costs and assessments. Within
      ninety days after the effective date of this subdivision, each  licensee
      shall comply with the requirements of this subdivision.