§ 19-14.8-6 - Application for registration – Required information.
SECTION 19-14.8-6
§ 19-14.8-6 Application for registration– Required information. – An application for registration must be signed under oath or certified underthe penalties of perjury and include:
(1) The applicant's name, principal business address andtelephone number, and all other business addresses in this state,electronic-mail addresses, and Internet website addresses;
(2) All names under which the applicant conducts business;
(3) The address of each location in this state at which theapplicant will provide debt- management services or a statement that theapplicant will have no such location;
(4) The name and home address of each officer and director ofthe applicant and each person that owns at least ten percent (10%) of theapplicant;
(5) Identification of every jurisdiction in which, during thefive (5) years immediately preceding the application:
(A) The applicant or any of its officers or directors hasbeen licensed or registered to provide debt-management services; or
(B) Individuals have resided when they receiveddebt-management services from the applicant;
(6) A statement describing, to the extent it is known orshould be known by the applicant, any material civil or criminal judgment orlitigation and any material administrative or enforcement action by agovernmental agency in any jurisdiction against the applicant, any of itsofficers, directors, owners, or agents, or any person who is authorized to haveaccess to the trust account required by § 19-14.8-22;
(7) The applicant's financial statements, audited by anaccountant licensed to conduct audits, for each of the two (2) yearsimmediately preceding the application or, if it has not been in operation forthe two (2) years preceding the application, for the period of its existence;
(8) Evidence of accreditation by an independent accreditingorganization approved by the director;
(9) Evidence that, within twelve (12) months after initialemployment, each of the applicant's counselors becomes certified as a certifiedcounselor;
(10) A description of the three (3) most commonly usededucational programs that the applicant provides or intends to provide toindividuals who reside in this state and a copy of any materials used or to beused in those programs;
(11) A description of the applicant's financial analysis andinitial budget plan, including any form or electronic model, used to evaluatethe financial condition of individuals;
(12) A copy of each form of agreement that the applicant willuse with individuals who reside in this state;
(13) The schedule of fees and charges that the applicant willuse with individuals who reside in this state;
(14) At the applicant's expense, the results of acriminal-records check, including fingerprints, conducted within theimmediately preceding twelve (12) months, covering every officer of theapplicant and every employee or agent of the applicant who is authorized tohave access to the trust account required by § 19-14.8-22;
(15) The names and addresses of all employers of eachdirector during the ten (10) years immediately preceding the application;
(16) A description of any ownership interest of at least tenpercent (10%) by a director, owner, or employee of the applicant in:
(A) Any affiliate of the applicant; or
(B) Any entity that provides products or services to theapplicant or any individual relating to the applicant's debt-managementservices;
(17) A statement of the amount of compensation of theapplicant's five (5) most highly compensated employees for each of the three(3) years immediately preceding the application or, if it has not been inoperation for the three (3) years preceding the application, for the period ofits existence;
(18) The identity of each director who is an affiliate, asdefined in subdivision 19-14.8-2(2)(A) or (B)(i), (ii), (iv), (v), (vi), or(vii), of the applicant; and
(19) Any other information that the director reasonablyrequires to perform the director's duties hereunder.