§ 25-11-1-4 — Qualifications of applicants

Indiana § 25-11-1-4

• Jurisdiction: Indiana
• Title 25: PROFESSIONS AND OCCUPATIONS
• Art. 11: COLLECTION AGENCIES
• Ch. 1: Licensing of Collection Agencies by Secretary of State

Text

The following qualifications apply to all
individual applicants and any individual who is an officer of any
corporation or a member of any partnership, limited liability company,
or firm and actively manages the collection of or solicits accounts for
collection for any firm, partnership, limited liability company, or
corporation which makes an application for a collection agency license:
(1) The applicant must be a citizen of the United States, of good
moral character, and not less than eighteen (18) years of age.
(2) The applicant must not have a record as a defaulter in the
payment of money collected or received for another.
(3) The applicant must not be a former licensee under this chapter
whose license has been suspended or revoked and not
subsequently reinstated under this chapter.
(4) The applicant must not have made a false statement of
material fact in the application for the license.
(5) The applicant must not have been, within the ten (10) years
immediately preceding the date of the application:
(A) the subject of an adjudication or a determination by:
(i) a court with jurisdiction; or
(ii) an agency or administrator that regulates debt collection,
securities, commodities, banking, financial services,
insurance, real estate, or the real estate appraisal industry;
in Indiana or any other jurisdiction; and
(B) found, after notice and opportunity for hearing, to have
violated the debt collection, securities, commodities, banking,
financial services, insurance, real estate, or real estate appraisal
laws of Indiana or any other jurisdiction in a manner that
substantially undermines faith in the financial responsibility,
character, reputation, integrity, and general fitness of the
applicant or of the owners, partners, and members of the
applicant, as determined by the commissioner.
(6) The applicant must not have violated:
(A) this article or rules promulgated under this article;
(B) any similar regulatory regime of another jurisdiction; or
(C) any other law applicable to the conduct of the collection
agency business;
in a manner that substantially undermines faith in the financial
responsibility, character, reputation, integrity, and general fitness
of the applicant or of the owners, partners, and members of the
applicant, as determined by the commissioner.
An applicant to whom a license is to be issued must meet the bonding
requirements of section 3(f) of this chapter.
Formerly: Acts 1937, c.92, s.4; Acts 1955, c.304, s.4; Acts
1973, P.L.252, SEC.7. As amended by Acts 1978, P.L.2, SEC.2525;
P.L.8-1993, SEC.378; P.L.178-1996, SEC.3; P.L.152-2020,
SEC.12.