§ 19-14.8-6. Application for registration — Required information.
An application for registration must be signed under oath or certified under the penalties of perjury and include:
(1) The applicant’s name, principal business address and telephone number, and all other business addresses in this state, electronic-mail addresses, and internet website addresses;
(2) All names under which the applicant conducts business;
(3) The address of each location in this state at which the applicant will provide debt-management services or a statement that the applicant will have no such location;
(4) The name and home address of each officer and director of the applicant and each person that owns at least ten percent (10%) of the applicant;
(5) Identification of every jurisdiction in which, during the five (5) years immediately preceding the application:
(A) The applicant or any of its officers or directors has been licensed or registered to provide debt-management services; or
(B) Individuals have resided when they received debt-management services from the applicant;
(6) A statement describing, to the extent it is known or should be known by the applicant, any material civil or criminal judgment or litigation and any material administrative or enforcement action by a governmental agency in any jurisdiction against the applicant, any of its officers, directors, owners, or agents, or any person who is authorized to have access to the trust account required by § 19-14.8-22;
(7) The applicant’s financial statements, audited by an accountant licensed to conduct audits, for each of the two (2) years immediately preceding the application or, if it has not been in operation for the two (2) years preceding the application, for the period of its existence;
(8) Evidence of accreditation by an independent accrediting organization approved by the director;
(9) Evidence that, within twelve (12) months after initial employment, each of the applicant’s counselors becomes certified as a certified counselor;
(10) A description of the three (3) most commonly used educational programs that the applicant provides or intends to provide to individuals who reside in this state and a copy of any materials used or to be used in those programs;
(11) A description of the applicant’s financial analysis and initial budget plan, including any form or electronic model, used to evaluate the financial condition of individuals;
(12) A copy of each form of agreement that the applicant will use with individuals who reside in this state;
(13) The schedule of fees and charges that the applicant will use with individuals who reside in this state;
(14) At the applicant’s expense, the results of a criminal-records check, including fingerprints, conducted within the immediately preceding twelve (12) months, covering every officer of the applicant and every employee or agent of the applicant who is authorized to have access to the trust account required by § 19-14.8-22;
(15) The names and addresses of all employers of each director during the ten (10) years immediately preceding the application;
(16) A description of any ownership interest of at least ten percent (10%) by a director, owner, or employee of the applicant in:
(A) Any affiliate of the applicant; or
(B) Any entity that provides products or services to the applicant or any individual relating to the applicant’s debt-management services;
(17) A statement of the amount of compensation of the applicant’s five (5) most highly compensated employees for each of the three (3) years immediately preceding the application or, if it has not been in operation for the three (3) years preceding the application, for the period of its existence;
(18) The identity of each director who is an affiliate, as defined in § 19-14.8-2(2)(a) or (b)(i), (b)(ii), (b)(iv), (b)(v), (b)(vi), or (b)(vii), of the applicant; and
(19) Any other information that the director reasonably requires to perform the director’s duties hereunder.
History of Section.P.L. 2006, ch. 243, § 3; P.L. 2006, ch. 291, § 3.
Structure Rhode Island General Laws
Title 19 - Financial Institutions
Chapter 19-14.8 - Uniform Debt-Management Services Act
Section 19-14.8-1. - Short title.
Section 19-14.8-2. - Definitions.
Section 19-14.8-3. - Exempt agreements and person.
Section 19-14.8-4. - Registration required.
Section 19-14.8-5. - Application for registration — Form, fee and accompanying documents.
Section 19-14.8-6. - Application for registration — Required information.
Section 19-14.8-7. - Application for registration — Obligation to update.
Section 19-14.8-8. - Application for registration — Public information.
Section 19-14.8-9. - Certificate of registration — Issuance or denial.
Section 19-14.8-10. - Certificate of registration — Timing.
Section 19-14.8-11. - Renewal of registration.
Section 19-14.8-12. - [Repealed.]
Section 19-14.8-13. - Bond required.
Section 19-14.8-14. - Bond required — Substitute.
Section 19-14.8-15. - Requirement of good faith.
Section 19-14.8-16. - Customer service.
Section 19-14.8-17. - Prerequisites for providing debt-management services.
Section 19-14.8-18. - Communication by electronic or other means.
Section 19-14.8-19. - Form and content of agreement.
Section 19-14.8-20. - Cancellation of agreement — Waiver.
Section 19-14.8-21. - Required language.
Section 19-14.8-22. - Trust account.
Section 19-14.8-23. - Fees and other charges.
Section 19-14.8-24. - Voluntary contributions.
Section 19-14.8-25. - Voidable agreements.
Section 19-14.8-26. - Termination of agreements.
Section 19-14.8-27. - Periodic reports and retention of records.
Section 19-14.8-28. - Prohibited acts and practices.
Section 19-14.8-29. - Notice of litigation.
Section 19-14.8-30. - Advertising.
Section 19-14.8-31. - Liability for the conduct of other persons.
Section 19-14.8-32. - Powers of director or director’s designee.
Section 19-14.8-33. - Administrative remedies.
Section 19-14.8-34. - Suspension, revocation or nonrenewal of registration.
Section 19-14.8-35. - Private enforcement.
Section 19-14.8-36. - Violation of unfair or deceptive practices statute.
Section 19-14.8-37. - Statute of limitations.
Section 19-14.8-38. - Uniformity of application and construction.
Section 19-14.8-39. - Relation to Electronic Signatures in Global and National Commerce Act.
Section 19-14.8-40. - Transitional provisions — Application to existing transactions.
Section 19-14.8-41. - Severability.