(a) (1) A licensee may not change the place of business for which a license is issued unless the licensee:
(i) Notifies the Commissioner through NMLS of the proposed change; and
(ii) Receives the approval of the Commissioner through NMLS.
(2) Within 60 days after receiving a request for approval of a proposed change in the place of business for a licensee, the Commissioner shall approve or deny the request.
(3) If the Commissioner does not approve or deny a request for approval of a proposed change in the place of business for a licensee as provided under paragraph (2) of this subsection, the request shall be deemed approved.
(b) (1) A licensee may not undergo a change in control unless the licensee:
(i) Notifies the Commissioner through NMLS of the proposed change;
(ii) Makes a request through NMLS that the Commissioner approve the proposed change;
(iii) Provides any information the Commissioner may require under paragraph (3) of this subsection; and
(iv) Receives the approval of the Commissioner through NMLS.
(2) For purposes of this subsection:
(i) If the licensee is a corporation, “control” means direct or indirect ownership of, or the right to control, 25% or more of the voting shares of the licensee, or the ability to elect a majority of the directors or otherwise effect a change in policy; and
(ii) If the licensee is an entity other than a corporation, “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of the licensee, whether through the ownership of voting securities, by contract, or otherwise.
(3) Within 60 days after receiving a request for approval of a proposed change in control, the Commissioner may require the licensee to provide any information deemed necessary to determine whether a new application is required because of the proposed change in control.
(4) The Commissioner shall approve or deny a request for approval of a proposed change in control:
(i) Within 60 days after the date the Commissioner receives the request; or
(ii) If the Commissioner requests information from the licensee under paragraph (3) of this subsection, within 60 days after the date the information is received by the Commissioner.
(5) If the Commissioner does not approve or deny a request for approval of a proposed change in control as provided under paragraph (4) of this subsection, the request shall be deemed approved.
(c) In addition to any sanctions which may be imposed under this subtitle by the Commissioner, a licensee who fails to provide in a timely manner the notice required under subsection (a)(1) or (b)(1) of this section shall:
(1) For each such failure pay to the Commissioner a surcharge in the amount of $500; and
(2) For a licensee who fails to provide in a timely manner the notice required under subsection (b)(1) of this section, file with the Commissioner an application for a new license, together with all applicable application and investigation fees.
Structure Maryland Statutes
Subtitle 5 - Maryland Mortgage Lender Law
Section 11-502 - Applicability
Section 11-503 - Rules and Regulations
Section 11-503.1 - Fee Regulations
Section 11-504 - License or Registration Requirement
Section 11-505 - Licenses and Licensees Generally
Section 11-506 - Qualifications for License
Section 11-506.1 - Exemptions From License Requirement; Fingerprinting
Section 11-507 - Applications for Licenses
Section 11-508.1 - Lender Net Worth Requirements
Section 11-509 - Investigation of Applicant; Issuance of License
Section 11-510 - Denial of License
Section 11-511 - Term and Renewal of Licenses
Section 11-511.1 - Continuing Education
Section 11-512 - Change of Place of Business; Change in Control
Section 11-512.1 - Information Posted by Licensee at Licensed Location and on Website -- Exclusion
Section 11-513 - Books and Records
Section 11-513.1 - Quarterly Call Reports
Section 11-514 - Surrender of License
Section 11-515 - Investigatory Powers and Duties of Commissioner; Complaints
Section 11-516 - Order to Stop Doing Business
Section 11-519 - Reinstatement of Suspended License; Issuance of New License After Revocation