Sec. 5.
(1) An applicant for a license to engage in the business of debt management shall file an application with the director in writing and under oath that includes all of the following:
(a) The name and exact address of the applicant and the name and address of each of the following, as applicable:
(i) If the applicant is a corporation, its officers and directors.
(ii) If the applicant is an association, its officers and directors.
(iii) If the applicant is a partnership, its partners.
(iv) If the applicant is a limited liability company, its manager or managers.
(v) If the applicant is any other legal entity, its manager or other person designated to control the operation of that legal entity.
(b) A copy of a certificate of an assumed name, if applicable.
(c) One or more of the following, as applicable:
(i) If the applicant is a corporation, a copy of the articles of incorporation.
(ii) If the applicant is an association, a copy of the organizational documents of the association.
(iii) If the applicant is a partnership, a copy of the partnership agreement.
(iv) If the applicant is a limited liability company, a copy of the articles of organization.
(2) At the time an applicant files an application under this section, the applicant shall do all of the following:
(a) Pay to the department a license fee of $50.00 for each office.
(b) Pay to the department an investigation fee of $50.00.
(c) Furnish a surety bond, approved by the director, for the benefit of the people of the state of Michigan. The amount of the surety bond must equal or exceed the total amount of Michigan clients' funds in the applicant's or licensee's trust account at the time of application for license or renewal, as determined by the department, except that the amount of the surety bond shall not be less than $25,000.00 or greater than $100,000.00. The surety bond shall be conditioned on the faithful accounting of all money collected on accounts entrusted to a licensee engaged in the business of debt management or the licensee's employees and agents. In lieu of a surety bond, the department may by rule provide for an appropriate deposit of cash or securities, a letter of credit, or the assignment of coverage of other bonds if the department is satisfied that comparable or more extensive coverage results.
(d) File an appointment of the director as the agent of the applicant for service of process in this state.
(3) Service of process on the director is considered service on an applicant or licensee, including an applicant that complies with or fails to comply with subsection (2)(d).
(4) Unless surrendered, revoked, or suspended, a license issued under this act expires on December 31 of the year for which it is issued. A licensee may renew a license before the expiration date as provided under this act.
(5) A licensee shall create, maintain, and preserve accurate and complete books and records relating to the licensee's business. The books and records shall be maintained according to generally accepted accounting principles. A licensee or an applicant shall notify the department in writing of the address where the books and records are kept. If a licensee changes the location of the books and records, the licensee shall notify the department in writing within 10 business days after the change. The director may prescribe by rule or order the form and contents of books and records relating to a licensee's business.
(6) An applicant shall file a financial statement with an application for a debt management license. The director may require that the financial statement be audited or reviewed by an independent certified public accountant.
(7) If a licensee has a board of directors or the equivalent, the director shall not require that the licensee provide information concerning a member of the board of directors or equivalent, or require that the member satisfy the examination provisions of this act, if that member does not receive a salary, stock dividend, or other financial benefit from that corporation other than reimbursement of the actual expenses incurred in carrying out the duties of a director of that corporation.
History: 1975, Act 148, Eff. Mar. 31, 1976 ;-- Am. 2000, Act 255, Imd. Eff. June 29, 2000 ;-- Am. 2014, Act 362, Eff. Mar. 16, 2015
Compiler's Notes: For transfer of statutory authority, powers, duties, and functions of the corporations, securities and land development bureau to the office of financial and insurance services by type III transfer, see E.R.O. No. 2000-2, compiled at MCL 445.2003 of the Michigan compiled laws.