Sec. 2. The commissioner shall deny an application for an initial or a renewal license under this article, and shall revoke the license of a licensee, if the applicant, the licensee, or an ultimate equitable owner of a loan broker or an applicant for a loan broker license:
(1) has had a:
(A) loan broker license issued under this article;
(B) mortgage loan originator license issued under this article;
(C) principal manager license issued under this article; or
(D) license that is:
(i) equivalent to a license described in clause (A), (B), or (C); and
(ii) issued by another jurisdiction;
revoked by the commissioner or the appropriate regulatory agency in another jurisdiction, whichever applies;
(2) has been convicted of or pleaded guilty or nolo contendere to a felony in a domestic, foreign, or military court:
(A) during the seven (7) year period immediately preceding the date of the application or renewal; or
(B) at a time preceding the date of the application or renewal if the felony involved an act of fraud or dishonesty, a breach of trust, or money laundering;
(3) fails to maintain the bond required by IC 23-2.5-4-12;
(4) fails to demonstrate the financial responsibility, character, and general fitness necessary to:
(A) command the confidence of the community in which the applicant or licensee engages or will engage in the activities of a loan broker; and
(B) warrant a determination by the commissioner that the applicant or licensee will operate honestly, fairly, and efficiently according to the requirements of this article;
(5) has failed to meet the education requirements set forth in IC 23-2.5-6;
(6) has failed to pass the written examination required by IC 23-2.5-6; or
(7) fails to:
(A) keep or maintain records in accordance with IC 23-2.5-8; or
(B) allow the commissioner or an agent appointed by the commissioner to inspect or examine a loan broker's books and records to determine compliance with IC 23-2.5-8.
As added by P.L.175-2019, SEC.2.
Structure Indiana Code
Title 23. Business and Other Associations
Chapter 11. Violations and Civil Enforcement
23-2.5-11-1. Permissive Actions; Denial of Licensure Application or Renewal; Suspension; Revocation
23-2.5-11-2. Required Actions; Denial of Licensure Application or Renewal; Suspension; Revocation
23-2.5-11-3. Investigation; Orders; Penalties
23-2.5-11-4. Censure; Permanent Bar
23-2.5-11-5. Notice Before Final Order
23-2.5-11-6. Implementation; Rules; Commissioner Actions
23-2.5-11-7. Immunity of Witness
23-2.5-11-8. Certificate of Compliance or Noncompliance
23-2.5-11-9. Court to Compel Obedience to Subpoena, Order, or Demand
23-2.5-11-10. Action to Enforce Penalty
23-2.5-11-11. Action to Enjoin; Other Relief
23-2.5-11-12. Appeal; Procedure
23-2.5-11-13. Admissibility of Copied Statements, Documents, and Records
23-2.5-11-14. Court Compelled Obedience to Subpoena, Order, or Demand
23-2.5-11-15. Contempt of Court; Liability for Damages; Contract Void
23-2.5-11-16. Securities Division and Department of Financial Institutions; Cooperation