Sec. 35. (a) The director shall begin an investigation after an application for licensure under this chapter is complete.
(b) The director shall investigate the financial condition and responsibility, financial and business experience, and character and general fitness of:
(1) the applicant and any significant affiliate of the applicant;
(2) each executive officer, director, 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 controlling person.
(c) The director may conduct an onsite investigation of the applicant, the reasonable cost of which shall be borne by the applicant.
(d) The director shall issue a license to an applicant authorizing the applicant to engage in the licensed activities in Indiana for a term expiring December 31 of the year in which the license is issued if the director finds that:
(1) the applicant's business will be conducted honestly, fairly, and in a manner commanding the confidence and trust of the community; and
(2) the applicant has fulfilled the requirements imposed by this chapter.
(e) Upon application, the director shall determine whether a particular person qualifies as a controlling person. The director may waive any or all requirements of this chapter pertaining to a controlling person for good cause shown.
(f) If the director finds that:
(1) an applicant does not satisfy the requirements in subsection (d); or
(2) an application was submitted for the benefit of, or on behalf of, a person who does not qualify for a license;
the director may deny the application. The director must set forth the reasons for the denial in writing and send a copy of the reasons to the applicant.
As added by P.L.42-1993, SEC.85. Amended by P.L.10-2006, SEC.57 and P.L.57-2006, SEC.57; P.L.90-2008, SEC.58; P.L.216-2013, SEC.59.
Structure Indiana Code
Title 28. Financial Institutions
28-8-4-3.5. Closed System Stored Value Card
28-8-4-10. Licensed Activities
28-8-4-12. Material Litigation
28-8-4-14. Outstanding Payment Instrument
28-8-4-16. Permissible Investments
28-8-4-19.5. Stored Value Card
28-8-4-21. Form of License Applications; Surety Bond; Fee
28-8-4-24. Contents of License Applications
28-8-4-25. Applicants Not Organized as Sole Proprietorship; Contents of Applications
28-8-4-27. Surety Bond; Requirements; Amount; Termination; Liability; Notices
28-8-4-33. Conduct of Business; Insurance; Permissible Investments; Good Standing
28-8-4-34. Commonly Controlled Corporations or Organizations
28-8-4-36. Contesting Denial of License Applications
28-8-4-37. License Renewal Fees
28-8-4-38. License Renewal; Annual Requirements; Financial Statements; Fee
28-8-4-40.1. License Not Transferable or Assignable
28-8-4-40.4. Carrying on Other Business
28-8-4-40.6. Felony Convictions; Notice to Department
28-8-4-43. Making, Keeping, and Preserving Records
28-8-4-44. Maintenance and Availability of Records
28-8-4-45. Maintenance of Records at Foreign Locations
28-8-4-45.5. Duty to Safeguard Personal Records
28-8-4-46. Compliance With Money Laundering Laws; Investigation and Enforcement by Department
28-8-4-47. Confidentiality of Information; Exceptions
28-8-4-48.1. Failure to File Renewal Form or Pay Renewal Fee; Revocation or Suspension of License
28-8-4-50. Compliance by Authorized Delegates
28-8-4-51. Suspension and Barring of Authorized Delegates
28-8-4-52. Applicability of Law Governing Administrative Orders and Procedures; Venue
28-8-4-54. Claims Against Licensees and Authorized Delegates
28-8-4-55. Compromise, Settlement, and Collection of Civil Penalties