§ 36a-848 — Name and place of business. Change of name or location. License and registration not transferable or assignable. Change in any control persons. Automatic suspension of license and civil penalty against registrant. Required system filing or notice of commissioner. Unique identifier of licensee or registrant. Advertisements of licensee or registrant.

Connecticut § 36a-848

• Jurisdiction: Connecticut
• Title 36a: The Banking Law of Connecticut
• Ch. 669: Regulated Activities

Text

(a) No person licensed to act as a private student loan servicer under section 36a-847 or registered to act as a federal student loan servicer under section 36a-847a shall do so under any other name or at any other place of business than that named in the license or registration. No such licensee or registrant may use any name other than its legal name or a fictitious name approved by the commissioner, provided such licensee or registrant may not use its legal name if the commissioner disapproves use of such name. A licensee or registrant may change the name of the licensee or registrant or the address of the office specified on the most recent filing with the system if, at least thirty calendar days prior to such change, the licensee or registrant files such change with the system and the commissioner does not disapprove such change, in writing, or request further information from the licensee or registrant within such thirty-day period. Not more than one place of business shall be maintained under the same license or registration but the commissioner may issue more than one license or registration to the same licensee or registrant upon compliance with the provisions of sections 36a-846 to 36a-854, inclusive, as to each new licensee or registrant. (b) No such license or registration shall be transferable or assignable. Any change in any control person of the licensee or registrant, except a change of a director, general partner or executive officer that is not the result of an acquisition or change of control of the licensee or registrant, shall be the subject of an advance change notice filed on the system at least thirty days prior to the effective date of such change and no such change shall occur without the commissioner's approval. For purposes of this section, “change of control” means any change causing the majority ownership, voting rights or control of a licensee or registrant to be held by a different control person or group of control persons. (c) (1) The commissioner may automatically suspend any license for a violation of subsection (a) or (b) of this section. After a license has been automatically suspended pursuant to this subsection, the commissioner shall (A) give the licensee notice of such automatic suspension pending proceedings for revocation of or refusal to renew the license pursuant to section 36a-852 and an opportunity for a hearing in accordance with section 36a-51 , and (B) require the licensee to take or refrain from taking action as the commissioner deems necessary to effectuate the purpose of this section. (2) The commissioner may impose a civil penalty against any registrant for a violation of subsection (a) or (b) of this section after notice and an opportunity for a hearing in accordance with section 36a-50 . (d) Each private student loan servicer licensee and each federal student loan servicer registrant shall file on the system or, if the information cannot be filed on the system, notify the commissioner, in writing, of the occurrence of any of the following developments not later than fifteen days after the date the licensee or registrant had reason to know of the occurrence of any of the following developments: (1) Filing for bankruptcy or the consummation of a corporate restructuring of the licensee or registrant; (2) Filing of a criminal indictment against the licensee or registrant in any way related to the student loan servicer activities of the licensee or registrant, or receiving notification of the filing of any criminal felony indictment or felony conviction of any control person, branch manager or qualified individual of the licensee or registrant; (3) Receiving notification of the institution of license denial, cease and desist, suspension or revocation procedures, or other formal or informal action by any governmental agency against the licensee or registrant, or any control person, branch manager or qualified individual of the licensee or registrant and the reasons therefor; (4) Receiving notification of the initiation of any action against the licensee or registrant, or any control person, branch manager or qualified individual of the licensee or registrant by the Attorney General or the attorney general of any other state and the reasons therefor; or (5) Receiving notification of filing for bankruptcy of any control person, branch manager or qualified individual of the licensee or registrant. (e) Any person filing or submitting any information on the system shall do so in accordance with the procedures and requirements of the system and shall pay the applicable fees or charges to the system. Each private student loan servicer licensee and each federal student loan servicer registrant shall, to the extent required by the system, timely submit to the system accurate reports of condition that shall be in such form and shall contain such information as the system may require. Failure by a licensee or registrant to submit a timely and accurate report of condition shall constitute a violation of this provision. (f) The unique identifier of any person licensed as a private student loan servicer or registered as a federal student loan servicer shall be clearly shown on all solicitations and advertisements, including business cards and Internet web sites, and any other documents as established by rule, regulation or order of the commissioner, and shall be clearly stated in all audio solicitations and advertisements. The solicitations and advertisements of any such licensee or registrant: (1) Shall not include any statement that such person is endorsed in any way by this state, except that such solicitations and advertisements may include a statement that such person is licensed or registered in this state; (2) shall not include any statement or claim that is deceptive, false or misleading; (3) shall otherwise conform to the requirements of sections 36a-846 to 36a-854 , inclusive, any regulations issued thereunder and any other applicable law; and (4) shall be retained for two years from the date of use of such solicitation or advertisement.

Legislative History

(P.A. 15-162, S. 4; P.A. 18-173, S. 86; P.A. 21-130, S. 5; 21-138, S. 19.) History: P.A. 15-162 effective July 1, 2016; P.A. 18-173 designated existing provisions re person licensed to act as student loan servicer as Subsec. (a) and amended same by deleting provision re written notice to commissioner re change of location of business and adding provisions re licensee's use of name other than approved legal name or fictitious name, filing change of name or address of licensee with the system, designated existing provisions re license not transferable or assignable as Subsec. (b) and amended same by adding provisions re change in control person to be subject of advance change notice, added Subsec.(c) re automatic suspension of license for violation of section, adding Subsec. (d) re filing information on the system or notifying commissioner in writing of occurrence of certain developments, added Subsec. (e) re filing or submitting information on system in accordance with procedures and requirements of system, payment of fees, and timely submission of accurate reports of condition to the system, added Subsec. (f) re unique identifier and solicitations and advertisements; P.A. 21-130 amended Subsec. (a) by deleting “within this state”, adding “private” re student loan servicers licensed under Sec. 36a-847 and adding “under section 36a-847 or registered to act as a federal student loan servicer under section 36a-847a”, amended Subsec. (b) by adding definition of “change of control”, amended Subsec. (c) by designating existing provision re automatic suspension of license as new Subdiv. (1), redesignating existing Subdivs. (1) and (2) as Subparas. (A) and (B) and adding new Subdiv. (2) re commissioner's authority to impose civil penalty against registrants, amended Subsecs. (d) and (e) by adding “private” re student loan servicer licensees and adding “and each federal student loan servicer registrant”, amended Subsec. (f) by replacing “under section 36a-847” with “as a private student loan servicer or registered as a federal student loan servicer”, replacing “person licensed under section 36a-847” with “such licensee or registrant” and adding “or registered” in Subdiv. (1), added references to “registrant” and “registration” throughout, and made technical and conforming changes; P.A. 21-138 defined “change of control” in Subsec (b).