(a)Applicants for a license shall apply in
a form and by a medium prescribed by the director. Each application
must contain the content set forth by rule, regulation, instruction, or
procedure of the department. The required content for an application
may be changed or updated in accordance with applicable law in order
to carry out the purposes of this chapter and maintain consistency with
NMLS licensing standards and practices. Each application submitted
to the department must state or contain the following, as applicable:
(1)The legal name and residential and business addresses of the
applicant and any fictitious or trade name used by the applicant
in conducting its business.
(2)A list of any criminal convictions of the applicant and any
material litigation in which the applicant has
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(a) Applicants for a license shall apply in
a form and by a medium prescribed by the director. Each application
must contain the content set forth by rule, regulation, instruction, or
procedure of the department. The required content for an application
may be changed or updated in accordance with applicable law in order
to carry out the purposes of this chapter and maintain consistency with
NMLS licensing standards and practices. Each application submitted
to the department must state or contain the following, as applicable:
(1) The legal name and residential and business addresses of the
applicant and any fictitious or trade name used by the applicant
in conducting its business.
(2) A list of any criminal convictions of the applicant and any
material litigation in which the applicant has been involved in the
ten (10) year period immediately preceding the submission of the
application.
(3) A description of any money transmission previously provided
by the applicant and the money transmission that the applicant
seeks to provide in Indiana.
(4) A list of the applicant's proposed authorized delegates and the
locations in Indiana where the applicant and its authorized
delegates propose to engage in money transmission.
(5) A list of other states in which the applicant is licensed to
engage in money transmission and any license revocations,
suspensions, or other disciplinary action taken against the
applicant in another state.
(6) Information concerning any bankruptcy or receivership
proceedings affecting the applicant or a person in control of the
applicant.
(7) A sample contract form for authorized delegates, if applicable.
(8) A form of payment instrument or stored value, as applicable.
(9) The name and address of any federally insured depository
financial institution through which the applicant plans to conduct
money transmission.
(10) Any other information the director or the NMLS reasonably
requires with respect to the applicant.
(b) If an applicant is a corporation, limited liability company,
partnership, or another legal entity, the applicant shall also provide the
following:
(1) The:
(A) date of the applicant's incorporation or formation; and
(B) state or country of incorporation or formation.
(2) If applicable, a certificate of good standing from the state or
country in which the applicant was incorporated or formed.
(3) A brief description of the structure or organization of the
applicant, including any parents or subsidiaries of the applicant,
and whether any parents or subsidiaries are publicly traded.
(4) For the ten (10) year period immediately preceding the
submission of the application, the legal name, any fictitious or
trade name, all business and residential addresses, and the
employment, as applicable, of each:
(A) key individual with respect to; and
(B) person in control of:
the applicant.
(5) For the ten (10) year period immediately preceding the
submission of the application, a list of any criminal convictions
and material litigation in which a person, other than an individual,
in control of the applicant has been involved.
(6) A copy of audited financial statements of the applicant for the
most recent fiscal year and for the two (2) year period
immediately preceding the submission of the application or, if
determined to be acceptable by the director, certified unaudited
financial statements for the most recent fiscal year or for another
period acceptable to the director.
(7) A certified copy of unaudited financial statements of the
applicant for the most recent fiscal quarter.
(8) If the applicant is a publicly traded corporation, a copy of the
most recent report filed with the United States Securities and
Exchange Commission under Section 13 of the federal Securities
Exchange Act of 1934 (15 U.S.C. 78m).
(9) If the applicant is a wholly owned subsidiary of:
(A) a corporation publicly traded in the United States, a copy of
audited financial statements for the parent corporation for the
most recent fiscal year or a copy of the parent corporation's
most recent report filed under Section 13 of the federal
Securities Exchange Act of 1934 (15 U.S.C. 78m); or
(B) a corporation publicly traded outside the United States, a
copy of similar documentation filed with the regulator of the
parent corporation's domicile outside the United States.
(10) The name and address of the applicant's registered agent in
Indiana.
(11) Any other information the director reasonably requires with
respect to the applicant.
(c) A nonrefundable application fee, as set by the department, and
a license fee, as set by the department, must accompany an application
for a license under this section.
(d) The director may:
(1) waive one (1) or more requirements set forth in subsection (a)
or (b); or
(2) permit an applicant to submit other information instead of one
(1) or more of the requirements set forth in subsection (a) or (b).