Section 443.825

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

Chapter 443

Effective - 28 Aug 2020, 3 histories   

  443.825.  Application content, oath and form — fingerprinting, when. — 1.  Application for a residential mortgage loan broker license shall be made as provided in sections 443.833 and 443.835.  The application shall be in writing, made under oath, and on a form provided by the director.

  2.  The director may, by rule, revise and conform the residential mortgage loan broker license application and renewal process, and the licensing dates and periods under sections 443.701 to 443.893 to a system of licensing residential mortgage loan brokers administered in cooperation with the NMLSR.

  3.  The application shall contain the name and complete business and residential address or addresses of the applicant.  If the applicant is a form of business organization, the application shall contain the names and complete business and residential addresses of each member, director and principal officer of such person.  Such application shall also include a description of the activities of the applicant, in such detail and for such periods as the director may require, including all of the following:

  (1)  An affirmation of financial solvency noting such capitalization requirements as may be required by the director, and access to such credit as may be required by the director;

  (2)  An affirmation that the applicant or the applicant's members, directors or principals, as may be appropriate, are at least eighteen years of age;

  (3)  Information that would support findings under subdivision (4) of section 443.821 as to the character, fitness, financial and business responsibility, background, experience and criminal records of any:

  (a)  Person or ultimate equitable owner that owns or controls, directly or indirectly, ten percent or more of any class of stock of the applicant;

  (b)  Person or ultimate equitable owner that is not a depository institution that lends, provides or infuses, directly or indirectly, in any way, funds to or into an applicant, in an amount equal to, or more than, ten percent of the applicant's net worth;

  (c)  Person or ultimate equitable owner that controls, directly or indirectly, the election of twenty-five percent or more of the members of the board of directors of the applicant; and

  (d)  Person or ultimate equitable owner that the director finds influences management of the applicant.

  4.  All persons listed under subdivision (3) of subsection 3 of this section shall furnish fingerprints to the NMLSR for submission to the Federal Bureau of Investigation and any governmental agency or person authorized to receive such information for a state, national, and international criminal history background check.

  5.  For the purposes of this chapter and in order to reduce the points of contact that the Federal Bureau of Investigation may have to maintain, the director may use the NMLSR as an agent for requesting information from and distributing information to the Department of Justice or any other governmental agency.

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(L. 1994 S.B. 718 § 7, A.L. 1995 H.B. 63, et al., A.L. 2001 S.B. 538, A.L. 2009 H.B. 382, A.L. 2009 H.B. 382, A.L. 2020 S.B. 599)