81-21-3 - License requirement; fees; deposit of fee revenues in Consumer Finance Fund; license application form; promulgation of rules and regulations.
§ 81-21-3. License requirement; fees; deposit of fee revenues in Consumer Finance Fund; license application form; promulgation of rules and regulations.
(1) No person shall engage in the business of a premium finance company in this state without first having obtained a license as a premium finance company from the commissioner.
(2) With each initial application for a license, the applicant shall pay to the commissioner at the time of making the application a license fee of Seven Hundred Fifty Dollars ($750.00), and for renewal applications, an annual renewal fee of Four Hundred Seventy-five Dollars ($475.00) payable as of the first day of July of each year to the commissioner for deposit into the special fund in the State Treasury designated as the "Consumer Finance Fund." The commissioner may employ persons as necessary to administer this chapter and to examine or investigate and make reports on violations of this chapter.
(3) The commissioner may charge the licensee an examination fee in an amount not less than Three Hundred Dollars ($300.00) nor more than Six Hundred Dollars ($600.00) for each office or location within the State of Mississippi, plus any actual expenses incurred while examining the licensee's records or books that are located outside the State of Mississippi. However, in no event shall a licensee be examined more than once in a two-year period unless for cause shown based upon consumer complaint and/or other exigent reasons as determined by the commissioner. Those fees shall be payable in addition to other fees and taxes now required by law and shall be expendable receipts for the use of the commissioner in defraying the cost of the administration of this chapter.
All fees, license tax and penalties provided for in this chapter that are payable to the commissioner shall, when collected by him or his designated representative, be deposited in the special fund in the State Treasury known as the "Consumer Finance Fund" and shall be expended by the commissioner solely and exclusively for the purpose of administering and enforcing the provisions of this chapter.
(4) Application for licensing shall be made on forms prepared by the commissioner and shall contain the following information:
(a) Name, business address and telephone number of the premium finance company;
(b) Name and business address of corporate officers and directors or principals or partners; and
(c) A sworn statement by an appropriate officer, principal or partner of the premium finance company that:
(i) The premium finance company is financially capable to engage in the business of insurance premium financing;
(ii) If a corporation, that the corporation is authorized to transact business in this state; and
(iii) If any material change occurs in the information contained in the registration form, a revised statement shall be submitted to the commissioner.
(5) The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this chapter. All such rules and regulations shall be promulgated in accordance with the provisions of the Mississippi Administrative Procedures Law.
Sources: Laws, 1992, ch. 569, § 2; Laws, 2000, ch. 621, § 36; Laws, 2004, ch. 450, § 5, eff from and after passage (approved Apr. 28, 2004.)