Mich. Comp. Laws § 487.2055

Current through Public Act 171 of the 2024 Legislative Session
Section 487.2055 - License fee; investigation fee; financial statements; net worth requirements
(1) An application for a license shall be accompanied by all of the following:
(a) An annual operating fee as established by the commissioner under section 11.
(b) An application fee as provided in section 11. The application fee is not refundable.
(c) Financial statements, reasonably satisfactory to the commissioner, showing that the applicant's net worth exceeds $100,000.00 for an applicant for a class I license; $50,000.00 for an applicant for a class II license; $1,000,000.00 for an applicant that intends to engage in business activity governed by 1984 PA 379, MCL 493.101 to 493.114; or $100,000.00 plus an additional $25,000.00 for each location or authorized delegate, as applicable, or $1,000,000.00, whichever is less, for an applicant that intends to provide money transmission services as defined in section 2 of the money transmission services act. A licensee shall have and continue to maintain the required net worth while engaging in the business activities authorized for licensing under this act. The commissioner may by order establish a higher net worth requirement for new class I licensees to assure safe and sound operation of the activities.
(2) Net worth under subsection (1)(c) shall be determined at the conclusion of the fiscal year of the licensee immediately preceding the date an application for a license is submitted to the commissioner or, for corporations not in existence as of the previous year end, the immediately preceding month end. Net worth shall be disclosed on a form prescribed by the commissioner or on a form prepared or reviewed by a certified public accountant and shall be computed in accordance with generally accepted accounting principles. The following assets shall be excluded in the computation of net worth:
(a) That portion of an applicant's assets pledged to secure obligations of any person other than the applicant.
(b) Receivables from officers or, in the case of a corporate applicant other than a publicly traded company, stockholders of the applicant or persons in which the applicant's officers or stockholders have an interest, except that construction loan receivables secured by mortgages from related companies are not so excluded.
(c) An amount in excess of the lower of the cost or market value of mortgage loans in foreclosure or real property acquired through foreclosure.
(d) An investment shown on the balance sheet in joint ventures, subsidiaries, or affiliates that is greater than the market value of the investment.
(e) Goodwill or value placed on insurance renewals or property management contract renewals or other similar intangible value.
(f) Organization costs.

MCL 487.2055

Amended by 2006, Act 252, s 2, eff. 7/3/2006.
1988, Act 161, Eff. 9/1/1988 ;--Am. 1992, Act 76, Imd. Eff. 6/2/1992 ;--Am. 1999, Act 275, Imd. Eff. 1/5/2000.