224.93(1)
(1) The applicant has at least $500,000 in capital and the amount of capital is adequate for the applicant to transact business as a nondepository lender.
224.93(2)
(2) Each director, officer and person in control of the applicant is of good character and sound financial standing; the directors and officers of the applicant are competent to perform their functions with respect to the applicant and the directors and officers of the applicant are collectively adequate to manage the business of the applicant as a nondepository lender.
224.93(3)
(3) The business plan of the applicant will be honestly and efficiently conducted in accordance with the intent and purpose of this subchapter.
224.93(4)
(4) The proposed activity of the applicant possesses a reasonable prospect for success.
224.93(5)
(5) The applicant has paid to the division the application fee prescribed by the division, together with the actual cost incurred by the division in investigating the application.
224.93 History
History: 1999 a. 9.
224.935
224.935
Expiration of license. 224.935(1)
(1)
Generally. Except as provided under
sub. (2), a license issued under this subchapter expires on the June 30 following the date on which the license was issued.
224.935(2)
(2) Change in control of licensee. A change in the identity or number of individuals that are in control of a licensee terminates the licensee's license under this subchapter, unless the licensee applies to the division for and receives a renewal of the license no later than 15 days after the change in control.
224.935 History
History: 1999 a. 9.
224.94
224.94
Renewal of license. Except as provided under
s. 224.935 (2), a licensee shall renew its license by submitting to the division a renewal application and the renewal fee as prescribed by the division not less than 60 days before the date on which the license expires. A renewal application is subject to the same criteria as the criteria for approval of an original license.
224.94 History
History: 1999 a. 9.
224.95
224.95
Denial of or disciplinary action relating to license. 224.95(1)(1)
Mandatory denial. The division shall deny an application for issuance or renewal of a license under this subchapter if any of the following applies:
224.95(1)(a)
(a) The applicant has failed to provide its federal employer identification number under
s. 224.923.
224.95(1)(b)
(b) The department of revenue has certified under
s. 73.0301 that the applicant is liable for delinquent taxes. An applicant whose application for issuance or renewal of a license is denied under this paragraph is entitled to a notice under
s. 73.0301 (2) (b) 1. b. and a hearing under
s. 73.0301 (5) (a) but is not entitled to a notice or hearing under
sub. (4).
224.95(1)(c)
(c) The applicant is an individual who has failed to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under
s. 59.53 (5) and related to paternity or child support proceedings or who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under
s. 49.857. An applicant whose application for issuance or renewal of a license is denied under this paragraph is entitled to a notice and a hearing under
s. 49.857 but is not entitled to a notice or hearing under
sub. (4).
224.95(2)
(2) Discretionary denial or disciplinary action. The division may deny an application for issuance or renewal of a license under this subchapter or may revoke, suspend or limit a license issued under this subchapter if the division finds that the applicant or nondepository lender did any of the following:
224.95(2)(a)
(a) Made a material misstatement in an application for issuance or renewal of a license issued under this subchapter or in information provided to the division.
224.95(2)(b)
(b) Demonstrated a lack of competency to act as a nondepository lender.
224.95(2)(c)
(c) Violated any provision of this subchapter or any rule of the division.
224.95(3)
(3) Disciplinary orders. The division may issue general or special orders necessary to prevent or correct actions by a nondepository lender that constitute cause under this section for revoking, suspending or limiting a license.
224.95(4)
(4) Appeal of denial or disciplinary action. A person whose application for issuance or renewal of a license under this subchapter has been denied or whose license has been revoked, suspended or limited under this section may request a hearing under
s. 227.42 within 30 days after the date of denial, revocation, suspension or limitation. Failure of a person to request a hearing within the time provided under this subsection is a waiver of the person's right to a hearing on the denial, revocation, suspension or limitation.
224.95 History
History: 1999 a. 9.
224.96
224.96
Required loan loss reserve. Each licensee shall provide for a loan loss reserve sufficient to cover projected loan losses that are not guaranteed by the U.S. government or any agency of the U.S. government.
224.96 History
History: 1999 a. 9.
224.97
224.97
Division review of nondepository lender operations. The division may, at any reasonable time, examine the books of account, records, condition and affairs of a nondepository lender licensed under this subchapter. The division shall examine the books of account, records, condition and affairs of every nondepository lender licensed under this subchapter at least once during every 12 month period. The division shall prepare a report of each examination conducted under this section. As part of an examination under this section or as part of the preparation of an examination report, the division may examine under oath any person in control, officer, director, agent, employee or customer of the nondepository lender. The division may require a nondepository lender that is examined under this section to pay to the division a reasonable fee for the costs of conducting the examination.
224.97 History
History: 1999 a. 9.
224.98
224.98
Powers of licensee. A licensee may do any of the following:
224.98(2)
(2) Participate in any other government program for which the licensee is eligible and which has as its function the provision or facilitation of financing or management assistance to business firms.
224.98 History
History: 1999 a. 9.
224.985
224.985
Required records and reports. 224.985(1)
(1)
Record keeping. A licensee shall keep books, accounts, and other records in such a form and manner as required by rule of the division. These records shall be kept at a location and shall be preserved for a length of time as prescribed by rule of the division.
224.985(2)
(2) Annual report. Not more than 90 days after the close of a licensee's fiscal year or upon request of the division, every licensee shall file with the division a report containing all of the following:
224.985(2)(a)
(a) Financial statements, including the balance sheet, the statement of income or loss, the statement of changes in capital accounts and the statement of changes in financial position of the licensee. The licensee shall ensure that the financial statements have been audited by an independent certified public accountant and prepared in accordance with generally accepted account principles.
224.985(2)(b)
(b) Other relevant information requested by the division.
224.985 History
History: 1999 a. 9,
185.
224.99
224.99
Rule making. The division may promulgate rules for the efficient administration of this subchapter.
224.99 History
History: 1999 a. 9.
