A. Except as provided in this section, no person shall acquire, directly or indirectly, 25 percent or more of the voting shares of a corporation, or 25 percent or more of the ownership of any other person, licensed to conduct business under this chapter unless such person first:
1. Files an application with the Commission in such form as the Commissioner may prescribe from time to time;
2. Delivers such other information to the Commissioner as the Commissioner may require concerning the financial responsibility, background, experience, and activities of the applicant, its directors, senior officers, principals, and members, and of any proposed new directors, senior officers, principals, or members of the licensee; and
3. Pays such application fee as the Commission may prescribe.
B. Upon the filing and investigation of an application, the Commission shall permit the applicant to acquire the interest in the licensee if it finds that the applicant, its members if applicable, its directors, senior officers, and principals, and any proposed new directors, members, senior officers, and principals have the financial responsibility, character, reputation, experience, and general fitness to warrant belief that the business will be operated efficiently and fairly, in the public interest, and in accordance with law. The Commission shall grant or deny the application within 60 days from the date a completed application accompanied by the required fee is filed unless the period is extended by order of the Commissioner reciting the reasons for the extension. If the application is denied, the Commission shall notify the applicant of the denial and the reasons for the denial.
C. The provisions of this section shall not apply to (i) the acquisition of an interest in a licensee, directly or indirectly, including an acquisition by merger or consolidation, by or with a person licensed by this chapter, (ii) the acquisition of an interest in a licensee, directly or indirectly, including an acquisition by merger or consolidation, by or with a person affiliated through common ownership with the licensee, or (iii) the acquisition of an interest in a licensee by a person by bequest, descent, survivorship or operation of law. The person acquiring an interest in a licensee in a transaction that is exempt from filing an application by this subsection shall send written notice to the Commissioner of such acquisition within 30 days of its closing.
2005, c. 63, § 6.1-258.1; 2010, c. 794.
Structure Code of Virginia
Title 6.2 - Financial Institutions and Services
Chapter 15 - Consumer Finance Companies
§ 6.2-1501. Compliance with chapter; license required; attempts to evade application of chapter
§ 6.2-1502. Certain persons ineligible as licensees; exception for subsidiaries
§ 6.2-1504. Restrictions on name
§ 6.2-1505. Application for license; application fee
§ 6.2-1506. Investigation of application
§ 6.2-1507. Issuance of license
§ 6.2-1508. Notices to Commission
§ 6.2-1508.1. Additional offices; relocation of offices
§ 6.2-1509. Contents, posting, transfer, and duration of license
§ 6.2-1510. Acquisition of control; application
§ 6.2-1511. Revocation of license
§ 6.2-1512. Suspension of license
§ 6.2-1513. Record and notice of revocation or suspension
§ 6.2-1514. Surrender of license
§ 6.2-1515. Effect of license revocation, suspension, or surrender
§ 6.2-1516. Reinstatement of license
§ 6.2-1517. Place of business generally
§ 6.2-1518. Notice of conduct of other business in same place of business; fee
§ 6.2-1519. Changing place of business
§ 6.2-1520. Rate of interest; late charges; processing fees
§ 6.2-1521. Post-judgment charges
§ 6.2-1522. Other limitations on interest
§ 6.2-1523. Additional charges prohibited; exceptions
§ 6.2-1523.2. Application of chapter to Internet loans
§ 6.2-1524. Required and prohibited activities and conduct
§ 6.2-1527. Liens on household furniture
§ 6.2-1528. Exemptions unimpaired
§ 6.2-1529. Collection of loans made outside Commonwealth
§ 6.2-1530. Investigations; immunities
§ 6.2-1532. Fees for examination, supervision and regulation
§ 6.2-1533. Books, accounts, and records; pledge or deposit of notes and securities
§ 6.2-1535. Regulations and orders
§ 6.2-1536. Disclosures in connection with sale of securities
§ 6.2-1537. Authority of Attorney General; impoundment of property and receivership
§ 6.2-1538. Copies of orders or licenses
§ 6.2-1539. Review by Commission
§ 6.2-1540. Criminal penalties
§ 6.2-1541. Unlawful contracts void; recovery of amounts paid
§ 6.2-1542. Duty to refund unauthorized or excess charges; liability to borrower for penalty