SECTION 85:15-3-2. Application for license

(a)   A person applying for a license under the Act shall do so in a form and in a medium prescribed by the Commissioner. The application may require the following information:

(1)   the legal name and residential and business addresses of the applicant and any fictitious or trade name used by the applicant in conducting its business;

(2)   a list of any criminal convictions of the applicant and any material litigation in which the applicant has been involved in the 5-year period next preceding the submission of the application;

(3)   a description of all money transmission services currently provided anywhere by the applicant and the money transmission services that the applicant seeks to provide in this State;

(4)   a list of the applicant's proposed authorized delegates and the locations in this State where the applicant and its authorized delegates propose to engage in money transmission;

(5)   a list of other States in which the applicant is licensed to engage in money transmission and any license revocations, suspensions, or other disciplinary action taken against the applicant in another State during the previous 10-year period;

(6)   information concerning any bankruptcy or receivership proceedings affecting the licensee during the previous 10-year period;

(7)   a sample form of contract for authorized delegates;

(8)   a description of the source of money and credit to be used by the applicant to provide money transmission services; and

(9)   any other information the Commissioner reasonably requires with respect to the applicant.

(b)   If an applicant is a corporation, limited liability company, partnership, or other entity, the applicant shall also provide:

(1)   the date of the applicant's incorporation or formation and State or country of incorporation or formation;

(2)   if applicable, a certificate of good standing from the State or country in which the applicant is incorporated or formed;

(3)   a brief description of the structure or organization of the applicant, including any parent or subsidiary of the applicant, and whether any parent or subsidiary is publicly traded;

(4)   the legal name, any fictitious or trade name, all business and residential addresses, and the employment, in the 5-year period next preceding the submission of the application of each executive officer, manager, director, or person that has control, of the applicant;

(5)   a list of any criminal convictions and material litigation in which any executive officer, manager, director, or person in control of, the applicant has been involved in the 10-year period next preceding the submission of the application;

(6)   a copy of the applicant's audited financial statements for the most recent fiscal year and, if available, for the two-year period next preceding the submission of the application;

(7)   a copy of the applicant's unconsolidated financial statements for the current fiscal year, whether audited or not, and, if available, for the two-year period next preceding the submission of the application;

(8)   if the applicant is publicly traded, a copy of the most recent report filed with the United States Securities and Exchange Commission under Section 13 of the federal Securities Exchange Act of 1934 [15 U.S.C. Section 78m (1994 & Supp. V 1999)];

(9)   if the applicant is a wholly owned subsidiary of:

(A)   a corporation publicly traded in the United States, a copy of audited financial statements for the parent corporation for the most recent fiscal year or a copy of the parent corporation's most recent report filed under Section 13 of the federal Securities Exchange Act of 1934 [15 U.S.C. Section 78m (1994 & Supp. V 1999)]; or

(B)   a corporation publicly traded outside the United States, a copy of similar documentation filed with the regulator of the parent corporation's domicile outside the United States;

(10)   if the applicant has a registered agent in this State, the name and address of the applicant's registered agent in this State; and

(11)   any other information the Commissioner reasonably requires with respect to the applicant.

(c)   A nonrefundable application fee of $3,000, a license fee of $2,000, and $50 per authorized delegate must accompany an application for a license under the Act. The license fee and authorized delegate fees will be refunded if the application is denied.

(d)   The Commissioner may waive one or more requirements of subsections (a) and (b) or permit an applicant to submit other information in lieu of the required information.

[Source: Added at 24 Ok Reg 843, eff 5-11-07]