13-42-106 - Application for registration -- Required information.
13-42-106. Application for registration -- Required information.
An application for registration shall be signed under penalty of perjury and include:
(1) the applicant's name, principal business address and telephone number, and all otherbusiness 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 the applicant will providedebt-management services or a statement that the applicant will have no such location;
(4) the name and home address of each officer and director of the applicant and eachperson that owns at least 10% of the applicant;
(5) identification of every jurisdiction in which, during the five years immediatelypreceding the application:
(a) the applicant or any of its officers or directors has been licensed or registered toprovide debt-management services; or
(b) individuals have resided when they received debt-management services from theapplicant;
(6) a statement describing, to the extent it is known or should be known by the applicant,any material civil or criminal judgment or litigation and any material administrative orenforcement action by a governmental agency in any jurisdiction against the applicant, any of itsofficers, directors, owners, or agents, or any person who is authorized to have access to the trustaccount required by Section 13-42-122;
(7) the applicant's financial statements, audited by an accountant licensed to conductaudits, for each of the two years immediately preceding the application or, if it has not been inoperation for the two years preceding the application, for the period of its existence;
(8) evidence of accreditation by an independent accrediting organization approved by theadministrator;
(9) evidence that, within 12 months after initial employment, each of the applicant'scounselors becomes certified as a certified counselor;
(10) a description of the three most commonly used educational programs that theapplicant provides or intends to provide to individuals who reside in this state and a copy of anymaterials used or to be used in those programs;
(11) a description of the applicant's financial analysis and initial budget plan, includingany form or electronic model, used to evaluate the financial condition of individuals;
(12) a copy of each form of agreement that the applicant will use with individuals whoreside in this state;
(13) the schedule of fees and charges that the applicant will use with individuals whoreside in this state;
(14) at the applicant's expense, the results of a criminal records check, includingfingerprints, conducted within the immediately preceding 12 months, covering every officer ofthe applicant and every employee or agent of the applicant who is authorized to have access tothe trust account required by Section 13-42-122;
(15) the names and addresses of all employers of each director during the 10 yearsimmediately preceding the application;
(16) a description of any ownership interest of at least 10% by a director, owner, oremployee of the applicant in:
(a) any affiliate of the applicant; or
(b) any entity that provides products or services to the applicant or any individual relatingto the applicant's debt-management services;
(17) a statement of the amount of compensation of the applicant's five most highlycompensated employees for each of the three years immediately preceding the application or, if ithas not been in operation for the three years preceding the application, for the period of itsexistence;
(18) the identity of each director who is an affiliate, as defined in Subsection13-42-102(2)(a) or (2)(b)(i), (ii), (iv), (v), (vi), or (vii), of the applicant; and
(19) any other information that the administrator reasonably requires to perform theadministrator's duties under Section 13-42-109.
Amended by Chapter 378, 2010 General Session