Notification.

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  • (1)
    • (a) A party who is subject to this part shall file notification with the department at least 30 days before commencing business in this state.
    • (b) After filing the notification required by Subsection (1)(a), a party shall file a notification on or before January 31 of each year.
    • (c) A notification required by this Subsection (1) shall:
      • (i) state the name of the party;
      • (ii) state the name in which the business is transacted if different from that required in Subsection (1)(c)(i);
      • (iii) state the address of the party's principal office, which may be outside this state;
      • (iv) state the address of:
        • (A) each office or retail store, if any, in this state at which credit is offered or extended to a consumer; or
        • (B) in the case of a party taking an assignment of an obligation, each office or place of business within this state at which business is transacted;
      • (v) if credit is extended to a consumer other than at an office or retail store in this state, state a brief description of the manner in which the credit transaction occurs;
      • (vi) state the name and address in this state of a designated agent upon whom service of process may be made;
      • (vii) submit evidence satisfactory to the commissioner that the person is authorized to conduct business in this state as a domestic or foreign entity pursuant to filings with the Division of Corporations and Commercial Code under Title 16, Corporations, or Title 48, Unincorporated Business Entity Act; and
      • (viii) provide any other information considered pertinent by the department.
  • (2) If information in a notification becomes inaccurate after filing, a party is not required to file further notification until required to renew the party's notification.
  • (3)
    • (a) A party who fails to file a notification or pay a fee required by this part may not extend credit to a consumer in this state until the party fully complies with this part.
    • (b) A party who willfully violates this Subsection (3) is guilty of a class B misdemeanor.




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