N.J. Admin. Code § 3:17-2.2

Current through Register Vol. 56, No. 11, June 3, 2024

Section 3:17-2.2 - Application for a license

(a) A person applying for a license pursuant to the Act who does not already hold a license pursuant to the New Jersey Consumer Finance Licensing Act, 17:11C-1 et seq., or the Retail Installment Sales Act of 1960, 17:16C-11 et seq., or a business license pursuant to the New Jersey Residential Mortgage Lending Act, 17:11C-51 et seq., shall submit the following:

1. A completed form as prescribed by the Commissioner which shall include the following:

i. The true name of the applicant and no more than three trade names or alternate names conforming to 3:17-1.4 and 1.5 to be utilized;

ii. The location of the principal office;

iii. Information regarding officers and stockholders;

iv. The name and address of the applicant's registered agent in this State;

v. Information regarding incorporation, registration, and authorization to do business in this State and, if applicable, to use the trade name(s) or alternate name(s) included in the application; and

vi. The applicant's Federal Tax Identification Number or Social Security Number, as applicable;

2. Personal certifications permitting the Department to make inquiries to the New Jersey State Police as to any information it may have on file with respect to the applicant, that is, the person, sole proprietor, partners, members and managers of a limited liability company, corporate officers, directors and shareholders owning 10 percent or more of the shares of the corporation, including a criminal history record background check of the applicant, based upon information provided to and received from the Division of State Police. The background check shall include a State criminal history record background check based upon an exchange of fingerprint data with the State Bureau of Identification in the Division of State Police, for which the Division shall promptly notify the Commissioner if the subject of the original criminal history record background check is arrested for a crime or offense in this State after the date the background check was performed, and a check of both criminal and non-criminal information as requested from and distributed to the Federal Bureau of Investigation and any other governmental agency. The Department may make such inquiries on the basis of answers to questions in the application or on the basis of any other information which the Department receives that would make such an inquiry relevant to the decision on the application;

3. An unqualified audited financial statement prepared by a certified public accountant or public accountant, in good standing, demonstrating proof of net worth and liquid assets for the applicant as specified in 17:11C-16;

4. An application for a corporate license by a corporation organized under the laws of this State shall be accompanied by a copy of the applicant's Certificate of Incorporation as filed with the New Jersey Department of the Treasury, Division of Revenue. A foreign corporation shall submit a copy of its Certificate of Incorporation from the state where it is incorporated, and a copy of its Certificate of Authority to do business in this State approved by the New Jersey Department of the Treasury, Division of Revenue. If an alternate name is to be utilized, a copy of the registration of that name with the New Jersey Department of the Treasury, Division of Revenue shall be provided;

5. An application for a sole proprietorship or partnership license where a trade name is to be used shall be accompanied by a copy of a trade name certificate filed with the County Clerk's office in the county in which the licensee is to be located, and any filing made with the New Jersey Department of the Treasury, Division of Revenue. An application for a limited liability company license shall be accompanied by a copy of the applicant's Certificate of Formation as filed with the New Jersey Department of the Treasury, Division of Revenue. A foreign limited liability company shall submit a copy of its formation document from the state where it was established. If an alternate name is to be utilized, a copy of the registration of that name with the New Jersey Department of the Treasury, Division of Revenue shall be provided;

6. The application fee as specified in N.J.A.C. 3:17-3.2; and

7. A completed branch office application as specified in 3:17-2.3, if applicable.

(b) A person applying for a license pursuant to the Act who holds a license pursuant to the New Jersey Consumer Finance Licensing Act, 17:11C-1 et seq., or the Retail Installment Sales Act of 1960, 17:16C-1 et seq.; or a business license pursuant to the New Jersey Residential Mortgage Lending Act, 17:11C-51 et seq., shall submit the following:

1. Any information required in (a) above which has changed since the initial application;

2. A certification on a form prescribed by the Commissioner that the information previously submitted to the Department is current and correct; and

3. The application fees prescribed by 3:17-3.2 which shall be non-refundable.

(c) A license shall run from the date of issuance to the end of the current licensing period.

N.J. Admin. Code § 3:17-2.2