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Statutes Text

Article - Financial Institutions


    (a)    To apply for a license, an applicant shall:

        (1)    Complete, sign, and submit to the Commissioner an application made under oath in the form, and in accordance with the process, that the Commissioner requires; and

        (2)    Provide all the information that the Commissioner requests.

    (b)    The application shall include:

        (1)    The applicant’s name, principal executive office address, and website address, if any, and, if the applicant is not an individual, the name and residence address of each control person, if any;

        (2)    The address of each branch location, if any, at which the applicant will provide debt management services;

        (3)    The name and address of each owner, officer, director, and principal of the applicant who is not a control person;

        (4)    The name, address, and telephone number of the applicant’s resident agent in the State;

        (5)    A description of the ownership interest of any officer, director, agent, or employee of the applicant in any affiliate or subsidiary of the applicant or in any other business entity that provides any service to the applicant or any consumer relating to the applicant’s debt management services business;

        (6)    The name and address of any agent acting on behalf of the applicant to manage a trust account required under § 12–917 of this subtitle;

        (7)    The applicant’s federal employer identification number;

        (8)    A list of any state in which:

            (i)    The applicant engages in the business of providing debt management services;

            (ii)    The applicant is registered or licensed to provide debt management services; and

            (iii)    The applicant’s registration or license has been suspended or revoked;

        (9)    A statement of whether any pending judgment, tax lien, material litigation, or administrative action by any government agency exists against the applicant;

        (10)    The most recent, unconsolidated financial statement of the applicant that:

            (i)    Is prepared in accordance with generally accepted accounting principles applied on a consistent basis;

            (ii)    Includes a certified opinion audit prepared by an independent certified public accountant; and

            (iii)    Was prepared no more than 12 months before the date of application;

        (11)    If applicable, evidence of nonprofit status under § 501(c) of the Internal Revenue Code;

        (12)    If the applicant is a corporation, a detailed description of the applicant’s corporate structure, including parent companies, subsidiaries, and affiliates;

        (13)    The applicant’s business credit report;

        (14)    Evidence of general liability or fidelity insurance that insures against dishonesty, fraud, theft, or other malfeasance on the part of an employee of the applicant;

        (15)    A description of the applicant’s consumer education program that is provided to consumers;

        (16)    A description of the applicant’s financial analysis and initial budget plan, including any form or electronic model, that are used to evaluate the financial condition of consumers;

        (17)    A copy of the debt management services agreement that the applicant will use in its debt management services business;

        (18)    A copy of the applicant’s plan to ensure that each debt management counselor is certified by an independent organization within 6 months after the debt management counselor is hired, and that any employee who is a supervisor or manager of a debt management counselor is certified by an independent organization within 3 months after the employee is hired;

        (19)    The most recent financial statement of each affiliate, subsidiary, or other person that provides services related to debt management services for the applicant or for any consumer;

        (20)    A copy of each contract or fee–for–service arrangement between the applicant and any person that provides services related to the debt management services business;

        (21)    A surety bond as required under § 12–914 of this subtitle; and

        (22)    Any other information that the Commissioner reasonably requires.

    (c)    The Commissioner may refuse an application if it contains erroneous or incomplete information.

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