645E.390 - Notification of certain transfers required; application to Commissioner for approval of change of control; investigation; waiver.
645E.390 Notification of certain transfers required; application to Commissioner for approval of change of control; investigation; waiver.
1. The Commissioner must be notified of a transfer of 5 percent or more of the outstanding voting stock of a mortgage banker and must approve a transfer of voting stock of a mortgage banker which constitutes a change of control.
2. The person who acquires stock resulting in a change of control of the mortgage banker shall apply to the Commissioner for approval of the transfer. The application must contain information which shows that the requirements of this chapter for obtaining a license will be satisfied after the change of control. Except as otherwise provided in subsection 3, the Commissioner shall conduct an investigation to determine whether those requirements will be satisfied. If, after the investigation, the Commissioner denies the application, the Commissioner may forbid the applicant from participating in the business of the mortgage banker.
3. A mortgage banker may submit a written request to the Commissioner to waive an investigation pursuant to subsection 2. The Commissioner may grant a waiver if the applicant has undergone a similar investigation by a state or federal agency in connection with the licensing of or his or her employment with a financial institution.
4. As used in this section, “change of control” means:
(a) A transfer of voting stock which results in giving a person, directly or indirectly, the power to direct the management and policy of a mortgage banker; or
(b) A transfer of at least 25 percent of the outstanding voting stock of a mortgage banker.
(Added to NRS by 1999, 3751; A 2003, 3565)