Indiana Code
Chapter 5. Pawnbrokers
28-7-5-8. Issuance and Duration of License; Evidence of Compliance; Denial of Application; Person Not Qualifying for License; Replacement of Manager

Sec. 8. (a) Upon an applicant's filing of the application required by section 4 of this chapter and payment of the license fee, if the department finds the financial standing, competence, business experience, and character of:
(1) the applicant and any significant affiliate of the applicant;
(2) each director, executive officer, or manager of the applicant, or any other individual having a similar status or performing a similar function for the applicant; and
(3) if known, each person directly or indirectly owning of record or owning beneficially at least ten percent (10%) of the outstanding shares of any class of equity security of the applicant;
are such that the business will be operated honestly, fairly, and efficiently and that the convenience and needs of the public exist for the operation of the business in the community wherein the applicant proposes to operate, it shall issue and deliver a license to the applicant, which license shall authorize the applicant to engage in the business of pawnbroking.
(b) The director is entitled to request evidence of compliance with the requirements of this section by the licensee, including any affiliate or person described in subsection (a), at:
(1) the time of issuance of the license;
(2) the time of renewal of the license; or
(3) any other time considered necessary by the director.
A license shall remain in effect until it is surrendered, revoked, or suspended. If the department denies the application, it shall notify the applicant of the denial. The department may hold a public hearing if the department considers the hearing necessary.
(c) The department may deny an application under this section if the director determines that the application was submitted for the benefit of, or on behalf of, a person who does not qualify for a license.
(d) If a licensee replaces a manager, the licensee shall give the department written notice of the replacement not later than thirty (30) days after engaging another person to serve as manager.
Formerly: Acts 1935, c.195, s.8. As amended by P.L.263-1985, SEC.186; P.L.14-1992, SEC.136; P.L.45-1995, SEC.24; P.L.80-1998, SEC.13; P.L.10-2006, SEC.41 and P.L.57-2006, SEC.41; P.L.90-2008, SEC.50; P.L.35-2010, SEC.171; P.L.89-2011, SEC.50; P.L.176-2019, SEC.60.

Structure Indiana Code

Indiana Code

Title 28. Financial Institutions

Article 7. Specialized Financial Institutions

Chapter 5. Pawnbrokers

28-7-5-1. Citation

28-7-5-2. Definitions

28-7-5-3. Necessity of License; Misleading Representations; Territorial Application

28-7-5-4. Application for License; Business Locations; Criminal History; Evidence of Compliance; Criminal Background Checks and Credit Histories

28-7-5-5. Initial and Renewal Applications; Fees; Financial Statement; Proof of Bond and Insurance; Standards; Tax Warrant List

28-7-5-5.5. Surety Bond; Requirements; Amount; Termination; Liability; Notices

28-7-5-6. Repealed

28-7-5-7. Repealed

28-7-5-8. Issuance and Duration of License; Evidence of Compliance; Denial of Application; Person Not Qualifying for License; Replacement of Manager

28-7-5-9. License Not Transferrable or Assignable; Branch Locations

28-7-5-9.1. Change in Control of Licensee; Application to Department; Time Frame for Department's Decision; Conditions for Approval; Duty of Licensee to Report Transfer of Securities; Director's Discretion to Require New License

28-7-5-10. Closing, Opening, or Relocating a Branch; Changes and Events Concerning Licensees or Applicants; Notice to Department Required

28-7-5-10.1. Ceasing Business as a Pawnbroker; Requirements; Appointment of Liquidating Agent; Two Month Redemption Period; Partial Payments by Pledgers

28-7-5-10.4. Carrying on Other Business

28-7-5-10.5. Repealed

28-7-5-10.6. Felony Convictions or Pleas; Notice to Department

28-7-5-11. License Renewal; Application; Fees

28-7-5-12. Repealed

28-7-5-13. Suspension or Revocation of License; Order to Show Cause; Order of Suspension or Revocation; Surrender of License; Existing Obligations; Emergency Order for Revocation

28-7-5-13.1. Failure to File Renewal Form or Pay Renewal Fee; Revocation or Suspension of License

28-7-5-14. Repealed

28-7-5-15. Investigatory and Enforcement Authority; Costs of Investigation; Voided Loans

28-7-5-15.1. Applicability of Law Governing Administrative Orders and Procedures; Venue

28-7-5-16. Books, Accounts, and Records; Examination and Costs; Bills of Sale; Purchase of Precious Metal; Record of Control; Examination of Vendors

28-7-5-17. Report; Late Fee

28-7-5-18. Repealed

28-7-5-19. Loan Record Requisites; Data Recording Methods

28-7-5-20. Signature and Thumbprint of Pledger; Electronic Record

28-7-5-21. Pawn Ticket; Duty of Reasonable Care in Safekeeping of Articles

28-7-5-21.5. Required Disclosure of Information

28-7-5-22. Presumptive Right of Ticket Holder to Redeem; Compliance With Local Ordinance or Law Concerning Pledge Retention

28-7-5-23. Redemption by Mail; Compliance With Local Ordinance or Law Concerning Pledge Retention

28-7-5-24. Partial Payment Before Maturity

28-7-5-25. Loss, Destruction, or Theft of Pawn Ticket

28-7-5-26. Alteration of Pawn Ticket; Effect

28-7-5-27. Repealed

28-7-5-28. Rate of Interest; Calculation for Partial Month; Minimum Term; Reduction in Advance; Penalty for Excessive or Unauthorized Interest or Charges

28-7-5-28.5. Additional Charge; Servicing Fee

28-7-5-29. Liability for Loss to Pledger; Due Care

28-7-5-29.5. Waiver of Rights Not Permitted

28-7-5-30. Two Month Redemption Period; Public Access Prohibited; Unredeemed Property Subject to Sale

28-7-5-31. Repealed

28-7-5-32. Repealed

28-7-5-33. Lien

28-7-5-34. Delivery of Pledge; Necessity of Surrender of Pawn Ticket

28-7-5-35. Conflicting Claims; Sale of Pledge Subject to Adjudication

28-7-5-36. Unlawful Transactions

28-7-5-37. Violations

28-7-5-37.5. Compliance With Money Laundering Laws; Investigation and Enforcement by the Department

28-7-5-38. Violations; Civil Action; Injunctive Relief; Civil Penalties

28-7-5-38.1. Violations; Civil Penalty

28-7-5-39. Confidentiality of Records; Exceptions; Safeguarding of Personal Records; Release of Information to Supervisory Agencies