SECTION .0200 - APPLICATION AND RENEWAL

 

04 NCAC 03J .0201           APPLICATION FOR REGISTRATION AS A FACILITATOR

(a)  Any person who would like to engage in business as a facilitator pursuant to the Refund Anticipation Loan Act shall first be registered with the Commissioner, unless such person is exempt from registration pursuant to G.S. 53-247(c) or G.S. 53-254.  An application for registration shall be obtained from the Commissioner and shall be filed pursuant to Rule .0101(b) of this Subchapter.

(b)  The application for registration as a facilitator shall include the following:

(1)           A description of the applicant's organizational structure, including the name, business and residence address and business telephone number of the applicant, its partners, executive officers, directors and controlling persons;

(2)           Copies of the following documents, where applicable:

(A)          The applicant's Articles of Incorporation, or general or limited partnership agreement;

(B)          A Certificate of Existence or Certificate of Good Standing not more than 90 days old from the applicant's state of incorporation;

(C)          A Certificate of Authority to do business in this State;

(D)          A copy of the applicant's Certificate of Assumed Name;

(3)           A description of the applicant's operations, including the names and addresses of the banks which will fund refund anticipation loans to its customers, and the names and addresses of transmitters and any other intermediary parties involved in the process of facilitating refund anticipation loans;

(4)           A description of the business(es) in which the applicant is primarily engaged;

(5)           The applicant's Electronic Filer Identification Number (EFIN) as provided by the Internal Revenue Service;

(6)           Proof that the applicant has been accepted by the Internal Revenue Service to participate in its electronic filing program for the present tax year;

(7)           Disclosure of any civil judgments entered against the applicant, its partners, executive officers, directors or controlling persons during the past 10 years which have remained partially or wholly unpaid;

(8)           Disclosure of any civil proceedings pending against or civil judgments entered against the applicant, its partners, executive officers, directors or controlling persons which involve fraud or dishonesty;

(9)           Disclosure of any felony convictions entered against the applicant, its partners, executive officers, directors or controlling persons;

(10)         Disclosure of any misdemeanor convictions entered against the applicant, its partners, executive officers, directors or controlling persons which involve theft, fraud, or dishonesty;

(11)         Disclosure of any enforcement proceeding brought against the applicant, its partners, executive officers, directors or controlling persons by any agency or department of this State, the Federal government or any other state which involves the revocation or suspension of any business license;

(12)         Disclosure of whether the applicant, any partner, executive officer, director, or controlling person has been denied acceptance in or suspended from the Electronic Filing Program of the Internal Revenue Service;

(13)         Disclosure of whether the applicant is, or has ever been, the subject of the following proceedings: bankruptcy, assignment for the benefit of creditors, receivership, conservatorship, or similar proceeding;

(14)         Three business references, including one bank reference;

(15)         The address of each office in this State at which the applicant intends to facilitate refund anticipation loans.

(c)  The application for registration as a facilitator shall be accompanied by a fee made payable to the Commissioner in the amount set forth in G.S. 53-248(a).

(d)  The application shall be in writing and verified.

(e)  Incomplete application files shall be closed and deemed denied without prejudice when the applicant has not submitted information requested by the Commissioner within 30 days of request.

 

History Note:        Authority G.S. 53-245(b); 53-247(a); 53-248(a); 53-253; 150B-21.2;

Eff. September 1, 1993.