(c) Voluntary surrender of a permit will probably be effective upon the date of surrender specified regarding the written notice to your commissioner as needed by this area; so long as the licensee has met all of the needs of voluntary surrender and has now came back the license that is original.
-39 purchase or transfer of permit; modification of control. (a) No dollar that is small permit will probably be transported, except as supplied in this part.
(b) an individual or set of individuals asking for approval of a proposed modification of control of a licensee shall submit towards the commissioner a software asking for approval of the proposed modification of control over the licensee, followed by a nonrefundable application cost of $500.
(c) After article on an ask for approval under subsection (b), the commissioner might need the licensee or individual or band of people asking for approval of the proposed modification of control over the licensee, or both, to present information that is additional the persons whom shall take control associated with licensee. The information that is additional be restricted to comparable information needed payday loans in Hoover AL associated with the licensee or individuals accountable for the licensee included in its initial permit or renewal application under parts -33 and -36. The information and knowledge shall consist of, for the five-year duration prior towards the date for the application for modification of control over the licensee, a brief history of product litigation and unlawful beliefs of every individual who, upon approval of this application for modification of control, should be a principal associated with licensee. Authorization shall be provided to conduct criminal record record checks of the people, combined with the correct re payment associated with applicable cost for every record check.
(d) The commissioner shall accept a request modification of control under subsection (b) if, after research, the commissioner determines that the individual or band of individuals asking for approval has the competence, experience, character, and general physical physical fitness to manage the licensee or individual in charge of the licensee in a legal and appropriate way, and therefore the passions regarding the public won’t be jeopardized because of the modification of control.
( ag ag ag ag e) the next individuals shall be exempt through the demands of subsection (b), however the licensee irrespective shall alert the commissioner whenever an alteration of control outcomes in the immediate following:
(1) someone who will act as a proxy when it comes to single reason for voting at a designated conference associated with the protection holders or holders of voting passions of the licensee or individual accountable for a licensee;
(2) somebody who acquires control over a licensee by devise or lineage;
(3) someone who acquires control as being a individual agent, custodian, guardian, conservator, trustee, or as an officer appointed with a court of competent jurisdiction or by procedure of legislation; or
(4) an individual who the commissioner, by guideline or purchase, exempts within the general public interest.
(f) Before filing a request approval for an alteration of control, an individual may request, written down, a dedication through the commissioner as to if the individual could be considered an individual in control of a licensee upon consummation of the proposed transaction. In the event that commissioner determines that the individual wouldn’t be an individual accountable for a licensee, the commissioner shall enter an purchase to this impact as well as the proposed person and deal shall never be susceptible to subsections (b) through (d).
(g) Subsection (b) shall perhaps perhaps not connect with general public offerings of securities.
-40 Authorized places of company; major office ; branch workplaces; relocation; closing. (a) Every dollar that is small certified under this chapter shall have and continue maintaining a major bar or nightclub into the State, whether or not the little buck loan provider keeps its major workplace not in the State.
(b) in cases where a dollar that is small has one or more bar or nightclub, each extra bar or nightclub in Hawaii will be certified being a branch workplace aided by the commissioner. No company will probably be carried out at a branch workplace before the branch workplace is licensed by the commissioner.
(c) a dollar that is small shall maybe perhaps maybe perhaps not keep any branch workplaces into the State along with its major office minus the previous penned approval of this commissioner. A credit card applicatoin to ascertain a branch workplace will probably be submitted through NMLS having a nonrefundable application charge as needed by section -35.
(d) a tiny buck loan provider shall maybe maybe perhaps perhaps not relocate any workplace in this State minus the previous penned approval of this commissioner. A credit card applicatoin to relocate a workplace will be submitted into the commissioner at the very least 30 days just before relocating and shall established the causes for the moving, the road target associated with proposed office that is relocated along with other information that could be needed because of the commissioner. A credit card applicatoin to relocate an workplace pursuant to the subsection will be submitted by having a nonrefundable charge as needed by section -35.
( e) a little buck loan provider shall provide the commissioner notice of the intent to shut a branch workplace at the very least 30 days ahead of the closing. The notice shall:
(1) State the date that is intended of; and
(2) Specify the reason why for the closing.
(f) the key office and every branch office associated with little buck loan provider will probably be identified in NMLS to consumers as a spot of which the licensee holds it self away as being a dollar lender that is small.
(g) a license given under this chapter will probably be prominently shown into the major bar or nightclub and every branch workplace.
-41 re re Payment of costs. All fees gathered pursuant to part -35, administrative fines, along with other fees gathered pursuant for this chapter will probably be deposited in to the conformity resolution fund established pursuant to part 269(o) and will probably be payable through NMLS, into the degree permitted by NMLS. Charges perhaps maybe not qualified to receive re re payment through NMLS will probably be deposited in to an account that is separate the conformity quality fund for usage by the unit.
-42 Powers of commissioner. (a) The commissioner may follow rules pursuant to chapter 91 once the commissioner deems essential for the management for this chapter.
(b) along with any kind of abilities supplied by legislation, the commissioner shall have the authority to:
(1) problem declaratory rulings or nonbinding that is informal;
(2) Investigate and conduct hearings regarding any breach with this chapter or any guideline or purchase of, or contract with, the commissioner;
(3) Create committees that are fact-finding could make tips into the commissioner when it comes to commissioner’s deliberations;
(4) need a job candidate or any one of its control people, executive officers, directors, basic lovers, and handling people to reveal their appropriate history that is criminal demand a criminal background record sign in conformity with chapter 846;
(5) agreement with or employ qualified persons, including accountants, solicitors, detectives, examiners, auditors, or any other experts who can be exempt from chapter 76 and whom shall help the commissioner in working out the commissioner’s abilities and duties;
(6) Process and investigate complaints, subpoena witnesses and papers, administer oaths, and accept affidavits and testimony that is oral including telephonic communications, and do any and all sorts of things necessary or incidental towards the workout of this commissioner’s energy and duties, such as the authority to conduct contested instance procedures under chapter 91;
(7) need a licensee to adhere to any guideline, guidance, guideline, statement, supervisory policy or any comparable proclamation granted or used because of the Federal Deposit Insurance Corporation to your exact exact exact exact same degree plus in exactly the same way as being a bank chartered by their state or, within the alternative, any policy place regarding the Conference of State Bank Supervisors;
(8) come right into agreements or relationships along with other federal federal government officials or regulatory associations so that you can enhance efficiencies and minimize burden that is regulatory sharing resources, standardized or uniform methods or procedures, and papers, documents, information, or proof acquired under this chapter ;
(9) usage, employ, contract, or use public or independently available systems that are analytical practices, or computer computer software to research or examine a licensee or person at the mercy of this chapter;
(10) Accept and depend on investigation or assessment reports produced by other federal federal government officials, within or without this State; and
(11) Accept review reports created by an unbiased certified general public accountant for the licensee or person susceptible to this chapter for the duration of that an element of the assessment since the exact exact same general subject material due to the fact review and can even include the review report into the report associated with assessment, report of research, or any other writing associated with commissioner.
