N.D. Cent. Code § 13-09.1-11

Current through the 2023 Legislative Sessions

Section 13-09.1-11 - Application for license

1. Applicants for a license shall apply in a form and in a medium as prescribed by the commissioner. Each form must contain content as set forth by rule, regulation, instruction, or procedure of the commissioner and may be changed or updated by the commissioner in accordance with applicable law in order to carry out the purposes of this chapter and maintain consistency with the nationwide system licensing standards and practices. The application must state or contain, as applicable:

a. 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;

b. A list of any criminal convictions of the applicant and any material litigation in which the applicant has been involved in the ten-year period next preceding the submission of the application;

c. A description of any money transmission previously provided by the applicant and the money transmission that the applicant seeks to provide in this state;

d. 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;

e. 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;

f. Information concerning any bankruptcy or receivership proceedings affecting the licensee or a person in control of a licensee;

g. A sample form of contract for authorized delegates, if applicable;

h. A sample form of payment instrument or stored value, as applicable;

i. The name and address of any federally insured depository financial institution through which the applicant plans to conduct money transmission; and

j. Any other information the commissioner or the nationwide system reasonably requires with respect to the applicant.

2. If an applicant is a corporation, limited liability company, partnership, or other legal entity, the applicant shall also provide:

a. The date of the applicant's incorporation or formation and state or country of incorporation or formation;

b. If applicable, a certificate of good standing from the state or country in which the applicant is incorporated or formed;

c. A brief description of the structure or organization of the applicant, including any parents or subsidiaries of the applicant, and whether any parents or subsidiaries are publicly traded;

d. The legal name, any fictitious or trade name, all business and residential addresses, and the employment, as applicable, in the ten-year period next preceding the submission of the application of each key individual and person in control of the applicant;

e. A list of any criminal convictions and material litigation in which a person in control of the applicant that is not an individual has been involved in the ten-year period preceding the submission of the application;

f. A copy of audited financial statements of the applicant for the most recent fiscal year and for the two-year period next preceding the submission of the application or, if determined to be acceptable to the commissioner, certified unaudited financial statements for the most recent fiscal year or other period acceptable to the commissioner;

g. A certified copy of unaudited financial statements of the applicant for the most recent fiscal quarter;

h. If the applicant is a publicly traded corporation, 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] ;

i. If the applicant is a wholly owned subsidiary of:

(1) 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] ; or

(2) 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;

j. The name and address of the applicant's registered agent in this state; and

k. Any other information the commissioner reasonably requires with respect to the applicant.

3. A nonrefundable application fee of four hundred fifty dollars and a license fee of four hundred dollars must accompany an application for a license under this section. The license fee must be refunded if the application is denied.

4. The commissioner may waive one or more requirements of subsections 1 and 2 or permit an applicant to submit other information in lieu of the required information.

N.D.C.C. § 13-09.1-11

Added by S.L. 2023 , ch. 137( SB 2119 ), § 2, eff. 7/1/2023.