(HB 1248)
Money lenders regulated.
Section
1.
That
§
54-4-40
be amended to read as follows:
54-4-40.
Any person who engages in the business of lending money shall apply for a license
as prescribed by §§ 54-4-36 to 54-4-63, inclusive. The applicant shall apply for a license under
oath on forms supplied by the division. The application shall contain the name of the applicant's
business, proof of surety bond, address of the business,
the names and addresses of the partners,
members, officers, directors, or trustees,
and other information
as required by
the director
by rule
or order
may consider necessary
. The applicant shall pay an original license fee as set by rules of
the commission promulgated pursuant to chapter 1-26 not to exceed one thousand dollars. If the
application of an existing licensee is for an additional location, the application need only include
the location and identity of the location manager, plus any changes from the existing license, or
such other information the director may consider necessary.
Section
2.
That
§
54-4-42
be amended to read as follows:
54-4-42.
The applicant shall submit with the application for a license a bond in an amount not
to exceed the total of
five
ten
thousand dollars for the first license and
one
two
thousand
five
hundred
dollars for each additional license. The bond shall be satisfactory to the director and issued
by a surety company qualified to do business as a surety in this state. The bond shall be in favor
of this state for the use of this state and any person who has a cause of action under §§ 54-4-36 to
54-4-63, inclusive, against the licensee. The bond shall be conditioned on:
54-4-43.
The director shall investigate the facts
and, after
concerning the application. The
director may
review
, either deny or
and consider the relevant business records of the applicant and
the competence, experience, integrity, and financial ability of any person who is a member, partner,
director, officer, or twenty-five percent or more shareholder of the business. If the director finds
that the financial responsibility, financial condition, business experience, character, and general
fitness of the applicant reasonably warrant the belief that the business will be conducted lawfully
and fairly, the director may
grant a license based on the findings.
Section
4.
That
§
54-4-45
be amended to read as follows:
54-4-45.
Any license shall be renewed
A license expires
on July first. To renew a license, the
licensee shall file for renewal by June fifteenth. The renewal application shall include a renewal
fee not to exceed one thousand dollars, as set by rules of the commission promulgated pursuant
to chapter 1-26, proof of surety bond, and any other information as required by the director, by rule
or order.
Any licensee that files for renewal after June fifteenth and before July first shall pay a late
fee in addition to the renewal fee. The late fee, not to exceed twenty-five percent of the renewal
fee, shall be established by the commission in rules promulgated pursuant to chapter 1-26. After
June thirtieth no license may be issued unless an application is filed pursuant to
§
54-4-40.
Section
5.
That
§
54-4-48
be amended to read as follows:
54-4-48.
The director may
, upon ten days notice to the licensee,
issue a cease and desist order
from any practice that does not conform to the requirements set forth in §§ 54-4-36 to 54-4-63,
inclusive, or
rules
any commission
rule
adopted by commission
, order, or condition imposed in
writing, or any federal statute, rule, or regulation pertaining to consumer credit. A cease and desist
order may be issued to any licensee or to any person engaging in the business of lending money
without a license. A licensee aggrieved by such order may appeal pursuant to chapters 1-26 and
1-26D
.
Section
6.
That
§
54-4-49
be amended to read as follows:
54-4-49.
The director may
suspend or
revoke a license for good cause pursuant to
chapter
chapters
1-26
and 1-26D
. If the licensee is the holder of more than one license, the director may
suspend or
revoke any or all of the licenses.
For purposes of this section, good cause includes any
of the following:
54-4-50.
An action may
also
be brought
in circuit court
by the attorney general or the division,
or both, to enjoin a licensee from engaging in or continuing a violation or from doing any act in
furtherance thereof.
In any action, an order or judgment may be entered awarding a temporary or
permanent injunction.
Section
8.
That
§
54-4-57
be amended to read as follows:
Section
9.
That chapter
54-4
be amended by adding thereto a NEW SECTION to read as
follows:
Section
10.
That chapter
54-4
be amended by adding thereto a NEW SECTION to read as
follows: