(c) Voluntary surrender of the 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 most of the demands 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 requesting approval of a proposed modification of control over a licensee shall submit towards the commissioner a software asking for approval of the proposed modification of control over the licensee, associated with an application that is nonrefundable of $500.
(c) After report about an ask for approval under subsection (b), the commissioner may necessitate the licensee or individual or set of individuals asking for approval of the proposed modification of control over the licensee, or both, to present extra information concerning the people whom shall take control associated with licensee. The information that is additional be restricted to comparable information needed regarding the licensee or people in charge of the licensee as an element of its initial permit or renewal application under parts -33 and -36. The knowledge shall consist of, when it comes to five-year duration prior into the date associated with the application for modification of control over the licensee, a history of product litigation and unlawful beliefs of every one who, upon approval associated with the application for modification of control, may be a principal of this licensee. Authorization shall additionally be provided to conduct history that is criminal checks of the people, followed closely by the correct re re payment of this relevant cost for every record check.
(d) The commissioner shall accept a request for modification of control under subsection (b) if, after research, the commissioner determines that the individual or set of people approval that is requesting the competence, experience, character, and basic physical physical physical fitness to regulate the licensee or individual in charge of the licensee in a legal and proper way, and that the passions for the public will never be jeopardized because of the modification of control.
( ag ag e) the next individuals shall be exempt through the demands of subsection (b), however the licensee irrespective shall inform the commissioner whenever an alteration of control outcomes in the annotated following:
(1) an individual who will act as a proxy for the purpose that is sole of at a designated conference associated with the safety holders or holders of voting passions of the licensee or individual in charge of a licensee;
(2) someone who acquires control of a licensee by devise or lineage;
(3) an individual who acquires control as being a individual agent, custodian, guardian, conservator, trustee, or being an officer appointed by a court of competent jurisdiction or by procedure of legislation; or
(4) an individual whom the commissioner, by guideline or purchase, exempts within the interest that is public.
(f) Before filing an ask for approval for an alteration of control, someone may request, written down, a dedication through the commissioner as to whether or not the individual is considered an individual accountable for a licensee upon consummation of the proposed transaction. In the event that commissioner determines that the individual wouldn’t be an individual in control over a licensee, the commissioner shall enter an purchase to this impact together with proposed person and deal shall never be at the mercy of subsections (b) through (d).
(g) Subsection (b) shall maybe perhaps perhaps not connect with general public offerings of securities.
-40 Authorized places of company; major workplace ; branch workplaces; moving; closing. (a) Every little buck loan provider certified under this chapter shall have and keep maintaining a principal bar or nightclub within the State, whether or not the little buck loan provider keeps its major workplace not in the State.
(b) in case a dollar that is small has one or more bar or nightclub, each extra bar or nightclub in Hawaii will probably be certified as a branch workplace with all the commissioner. No company will probably be carried out at a branch workplace before the branch workplace is certified because of the commissioner.
(c) a dollar that is small shall perhaps perhaps perhaps not keep any branch workplaces into the State along with its major bar or nightclub minus the previous penned approval of this commissioner. A credit card applicatoin to ascertain a branch workplace will be submitted through NMLS by having an application that is nonrefundable as needed by section -35.
(d) a dollar that is small shall perhaps maybe not relocate any workplace in this State minus the previous penned approval of this commissioner. A software to relocate a workplace will probably be submitted to your commissioner at the very least 30 days just before relocating and shall set forth the causes when it comes to moving, the road target for the proposed relocated workplace, as well as other information which may be needed by the commissioner. A software to relocate an workplace pursuant for this subsection will probably be submitted having a fee that is nonrefundable needed by section -35.
( ag ag e) a little buck loan provider shall supply the commissioner notice of their intent to shut a branch office at the very least four weeks ahead of the closing. The notice shall:
(1) State the intended date of closing; and
(2) Specify the causes for the closing.
(f) the main office and every branch workplace of this little buck loan provider will probably be identified in NMLS to consumers as a spot from which the licensee holds it self away as being a dollar lender that is small.
(g) a permit granted under this chapter will probably be prominently shown within the major office and every branch workplace.
-41 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 area 269(o) and will be payable through NMLS, towards the level permitted by NMLS. Charges maybe maybe perhaps not qualified to receive re re payment through NMLS will be deposited in to an account that is separate the conformity quality investment to be used by the unit.
-42 Powers of commissioner. (a) The commissioner may follow guidelines pursuant to chapter 91 since the commissioner deems required for the management with this chapter.
(b) along with just about any capabilities given 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 will make guidelines to your commissioner when it comes to commissioner’s deliberations;
(4) need a job candidate or any one of its control persons, executive officers, directors, basic lovers, and handling users to reveal their appropriate criminal background and demand a criminal background record register conformity with chapter 846;
(5) agreement with or employ qualified persons, including accountants, solicitors, detectives, examiners, auditors, or any other great post to read experts who can be exempt from chapter 76 and whom shall help the commissioner in working out the commissioner’s powers and duties;
(6) Process and investigate complaints, subpoena witnesses and papers, administer oaths, and enjoy affidavits and testimony that is oral including telephonic communications, and do any and all sorts of things necessary or incidental into the workout associated with the commissioner’s energy and duties, like the authority to conduct contested situation procedures under chapter 91;
(7) need a licensee to adhere to any guideline, guidance, guideline, statement, supervisory policy or any comparable proclamation given or used because of the Federal Deposit Insurance Corporation into the exact exact same degree as well as in exactly the same way as being a bank chartered by their state or, within the alternative, any policy place of this Conference of State Bank Supervisors;
(8) come into agreements or relationships along with other federal federal federal government officials or regulatory associations to be able to enhance efficiencies and minimize regulatory burden by sharing resources, standardized or uniform methods or procedures, and papers, documents, information, or proof acquired under this chapter ;
(9) usage, employ, agreement, or use public or independently available systems that are analytical techniques, or computer computer pc software to research or examine a licensee or person susceptible to this chapter;
(10) Accept and depend on investigation or assessment reports created by other federal federal federal government officials, within or without this State; and
(11) Accept review reports created by an unbiased certified accountant that is public the licensee or person at the mercy of this chapter for the duration of that area of the assessment within the same general subject material whilst the review and will include the review report within the report associated with assessment, report of research, or any other writing regarding the commissioner.