632.69(2)(a)2.
2. A licensed attorney or a certified public accountant who is retained to represent the owner and whose compensation is not paid directly or indirectly by the provider or purchaser may negotiate life settlement contracts on behalf of the owner without having to obtain a license as a broker.
632.69(2)(b)
(b) An applicant shall make an application for a license to the commissioner on a form prescribed by the commissioner. For a broker's license, the applicant shall submit the fee specified in
s. 601.31 (1) (mr), subject to
s. 601.31 (2m). For a provider's license, the applicant shall submit the fee specified in
s. 601.31 (1) (mm), subject to
s. 601.31 (2m).
632.69(2)(c)
(c) The commissioner may not issue a license under this subsection unless the applicant provides his or her social security number or its federal employer identification number or, if the applicant does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. An applicant who is providing a statement that he or she does not have a social security number, shall provide that statement along with the application for a license on a form prescribed by the department of children and families. A licensee shall provide to the commissioner the licensee's social security number, statement the licensee does not have the social security number, or federal employment identification number of the licensee at the time that the annual license renewal fee is paid, if not previously provided. The commissioner shall disclose a social security number obtained from an applicant or licensee to the department of children and families in the administration of
s. 49.22, as provided in a memorandum of understanding entered into under
s. 49.857. The commissioner may disclose the social security number or federal employment identification number of an applicant or licensee to the department of revenue for the purpose of requesting certifications under
s. 73.0301 and to the department of workforce development for the purpose of requesting certifications under
s. 108.227.
632.69(2)(d)1.1. The commissioner shall refuse to issue or renew a license under this subsection if the person is delinquent in 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, or if the person fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under
s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under
s. 49.857.
632.69(2)(d)2.
2. The commissioner shall refuse to issue or renew a license under this subsection if the department of revenue certifies under
s. 73.0301 that the applicant for the license or renewal of the license is liable for delinquent taxes or if the department of workforce development certifies under
s. 108.227 that the applicant for the license or renewal of the license is liable for delinquent unemployment insurance contributions.
632.69(2)(e)
(e) The applicant shall provide information that the commissioner may require on forms prepared by the commissioner. The commissioner may require the applicant, at any time, to fully disclose the identity of its partners, officers, employees, and stockholders, except stockholders owning fewer than 10 percent of the shares of an applicant whose shares are publicly traded. The commissioner may refuse to issue a license if not satisfied that any officer, employee, stockholder, or partner who may materially influence the applicant's conduct meets the standards of this section.
632.69(2)(f)
(f) A license issued to a partnership, corporation, or other entity authorizes all members, officers, and designated employees to act as a licensee under the license, if those persons are named in the application or any supplements to the application.
632.69(2)(g)
(g) Upon the filing of an application and the payment of the license fee, the commissioner shall make an investigation of each applicant and shall issue a license if the commissioner finds that the applicant satisfies all of the following:
632.69(2)(g)1.
1. If applying for a provider license, has provided a detailed plan of operation.
632.69(2)(g)2.
2. Is competent and trustworthy and intends to transact its business in good faith.
632.69(2)(g)3.
3. Has a good business reputation and has either the experience, training, or education so as to be qualified in the business for which the license is applicable.
632.69(2)(g)4.a.a. If applying for a provider license, has demonstrated evidence of financial responsibility in a format prescribed by the commissioner through either a surety bond executed and issued by an insurer authorized to issue surety bonds in this state or a deposit of cash, certificates of deposit, or securities or any combination of those in the amount of $250,000. Any surety bond issued under this
subd. 4. a. shall be in the favor of this state and shall specifically authorize recovery by the commissioner on behalf of any person in this state who sustains damages as the result of erroneous acts, failure to act, conviction of fraud, or conviction of unfair practices by the provider. The commissioner shall accept as evidence of financial responsibility proof that financial instruments in accordance with the requirements in this
subd. 4. a. have been filed in one state where the applicant is licensed as a provider.
632.69(2)(g)4.b.
b. If applying for a broker license, has provided proof of the acquisition of a policy of professional liability insurance in an amount that is satisfactory to the commissioner.
632.69(2)(g)5.
5. If the applicant is a legal entity, is formed or organized under the laws of this state or is a foreign legal entity authorized to transact business in this state, or provides a certificate of good standing from the state of its domicile.
632.69(2)(g)6.
6. Has provided to the commissioner an antifraud plan that meets the requirements of
sub. (15) (i).
632.69(2)(h)
(h) The commissioner may request evidence of financial responsibility under
par. (g) 4. from an applicant at any time the commissioner deems necessary.
632.69(2)(i)
(i) The commissioner shall not issue any license to any nonresident applicant, unless a written designation of an agent for service of process is filed and maintained with the commissioner or unless the applicant has filed with the commissioner the applicant's irrevocable consent that any action against the applicant may be commenced against the applicant by service of process on the commissioner in accordance with the procedures set forth in
ss. 601.72 and
601.73.
632.69(2)(j)
(j) Licenses may be renewed annually on July 1 upon payment of the fee specified in
s. 601.31 (1) (ms) by a broker, or the fee specified in
s. 601.31 (1) (mp) by a provider. Failure to pay the fee by the renewal date shall result in the automatic revocation of the license.
632.69(2)(k)
(k) Each licensee shall file with the commissioner on or before the first day of March of each year an annual statement containing the information required under
sub. (6) (a) and any information the commissioner requires by rule.
632.69(2)(L)
(L) A provider may not use any person to perform the functions of a broker unless the person holds a current, valid license as a broker.
632.69(2)(m)
(m) A broker may not use any person to perform the functions of a provider unless the person holds a current, valid license as a provider.
632.69(2)(n)
(n) A provider or broker shall provide to the commissioner new or revised information about officers, partners, directors, members, designated employees, or stockholders, except stockholders owning fewer than 10 percent of the shares of a provider or broker whose shares are publicly traded, within 30 days of the change.
632.69(2)(o)
(o) The insurer that issued the policy that is the subject of a life settlement contract may not be held responsible for any act or omission of a broker or provider arising out of or in connection with the life settlement, unless the insurer receives compensation for the placement of a life settlement contract from the broker or provider or from a purchaser in connection with the life settlement contract.
632.69(3)(a)(a) An individual applicant for a license under
sub. (2) or a licensee who engages in the business of life settlements in this state shall receive training to ensure all of the following:
632.69(3)(a)1.
1. The individual understands the relation of life settlement transactions to the integrity of a comprehensive financial plan of an owner.