§ 19-14.8-9. Certificate of registration — Issuance or denial.
(a) Except as otherwise provided in subsections (b) and (c), the director shall issue a certificate of registration as a provider to a person that complies with §§ 19-14.8-5 and 19-14.8-6.
(b) The director may deny registration if:
(1) The application contains information that is materially erroneous or incomplete;
(2) An officer, director, or owner of the applicant has been convicted of a crime, or suffered a civil judgment, involving dishonesty or the violation of state or federal securities laws;
(3) The applicant, or any of its officers, directors, or owners, has defaulted in the payment of money collected for others; or
(4) The director finds that the financial responsibility, experience, character, or general fitness of the applicant, or its owners, directors, employees, or agents, does not warrant belief that the business will be operated in compliance with this chapter.
(c) The director shall deny registration if:
(1) The application is not accompanied by the fee established by the director; or
(2) With respect to an applicant that is organized as a not-for-profit entity or has obtained tax-exempt status under the Internal Revenue Code, 26 U.S.C. § 501, the applicant’s board of directors is not independent of the applicant’s employees and agents.
(d) Subject to adjustment of the dollar amount pursuant to § 19-14.8-32(f), a board of directors is not independent for purposes of subsection (c) of this section if more than one-fourth (¼) of its members:
(1) Are affiliates of the applicant, as defined in § 19-14.8-2(2)(a) or (2)(b)(i), (ii), (iv), (v), (vi), or (vii); or
(2) After the date ten (10) years before first becoming a director of the applicant, were employed by, or directors of, a person that received from the applicant more than twenty-five thousand dollars ($25,000) in either the current year or the preceding year.
History of Section.P.L. 2006, ch. 243, § 3; P.L. 2006, ch. 291, § 3; P.L. 2007, ch. 13, § 1; P.L. 2007, ch. 14, § 1.
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.