Indiana Code
Chapter 4. Money Transmitters
28-8-4-35. Investigations by Director; Issuance of Licenses; Controlling Persons; Denial of Applications

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

Indiana Code

Title 28. Financial Institutions

Article 8. Financial Services

Chapter 4. Money Transmitters

28-8-4-1. Applicability

28-8-4-2. Applicant

28-8-4-3. Authorized Delegate

28-8-4-3.5. Closed System Stored Value Card

28-8-4-4. Control

28-8-4-5. Controlling Person

28-8-4-6. Department

28-8-4-7. Director

28-8-4-8. Executive Officer

28-8-4-8.5. Individual

28-8-4-9. Key Shareholder

28-8-4-10. Licensed Activities

28-8-4-11. Licensee

28-8-4-12. Material Litigation

28-8-4-13. Money Transmission

28-8-4-13.8. Organization

28-8-4-14. Outstanding Payment Instrument

28-8-4-15. Payment Instrument

28-8-4-16. Permissible Investments

28-8-4-17. Person

28-8-4-18. Repealed

28-8-4-19. The State

28-8-4-19.5. Stored Value Card

28-8-4-20. License Required; Application; Felonies; Evidence of Compliance; Criminal Background Checks; Tax Warrant List

28-8-4-20.5. Use of Nmlsr in Department's Licensing System; Reporting of Information to Nmlsr; Confidentiality; Director's Authority to Enter Agreements; Waiver of Privilege; Processing Fee; Electronic Records

28-8-4-21. Form of License Applications; Surety Bond; Fee

28-8-4-22. Repealed

28-8-4-23. Repealed

28-8-4-24. Contents of License Applications

28-8-4-25. Applicants Not Organized as Sole Proprietorship; Contents of Applications

28-8-4-26. Repealed

28-8-4-27. Surety Bond; Requirements; Amount; Termination; Liability; Notices

28-8-4-28. Repealed

28-8-4-29. Repealed

28-8-4-30. Repealed

28-8-4-31. Repealed

28-8-4-32. Repealed

28-8-4-33. Conduct of Business; Insurance; Permissible Investments; Good Standing

28-8-4-34. Commonly Controlled Corporations or Organizations

28-8-4-35. Investigations by Director; Issuance of Licenses; Controlling Persons; Denial of Applications

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

28-8-4-39. Written Reports Following Bankruptcies or Reorganizations, License Revocations or Suspensions, and Felony Indictments and Convictions

28-8-4-40. Repealed

28-8-4-40.1. License Not Transferable or Assignable

28-8-4-40.2. 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

28-8-4-40.4. Carrying on Other Business

28-8-4-40.5. Repealed

28-8-4-40.6. Felony Convictions; Notice to Department

28-8-4-41. Onsite Examination by Director; Notice Required; Fees; Department's Investigatory and Enforcement Authority; Examination of Vendors

28-8-4-42. Suspected Violations; Request for Additional Financial Data; Onsite Examinations Without Notice; Fees

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. Suspension or Revocation of License; Order to Show Cause; Order of Suspension or Revocation; Relinquishment of License; Existing Obligations; Emergency Order for Revocation

28-8-4-48.1. Failure to File Renewal Form or Pay Renewal Fee; Revocation or Suspension of License

28-8-4-49. Authorized Delegates; Written Contract Required; Contents; Exemption From Licensing Requirements; Resignation, Discharge or Termination; Notice to Department

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

28-8-4-53. Civil Penalties

28-8-4-54. Claims Against Licensees and Authorized Delegates

28-8-4-55. Compromise, Settlement, and Collection of Civil Penalties

28-8-4-56. Injunctions

28-8-4-57. Consent Orders

28-8-4-58. Violations

28-8-4-59. Rules and Regulations

28-8-4-60. Jurisdiction

28-8-4-61. Administration of Chapter