Application for licensure

Act 117 of 2008, § 5, under DEBT MANAGEMENT SERVICES ACT - ENACTMENT.

Act 117 of 2008, § 5

Section 5. Application for licensure.

An application for a license under this act shall be submitted to the department in the form required by the department and shall include the following:

(1) The applicant's name, address, telephone number,

electronic mail address and Internet website.

(2) The address of each location in this Commonwealth

where the applicant will provide debt management services.

(3) The name and address of each owner, officer,

director or principal of the applicant.

(4) The name and address of the applicant's agent for

service of process in this Commonwealth.

(5) A description of the ownership interest of any

officer, director, agent or employee of the applicant in an

affiliate or subsidiary of the applicant or in any other

business entity that will provide any service to the

applicant or to a consumer relating to the applicant's

provision of debt management services.

(6) A list of other states in which the applicant

engages in the business of providing debt management

services, including any relevant license or registration

number and information regarding whether a license or

registration in another state has ever been suspended or

revoked.

(7) The audited financial statement from the applicant's

most recent fiscal year, including an audit opinion from an

independent certified public accountant.

(8) A copy of a liability or fidelity insurance policy

that insures against dishonesty, fraud, theft or other

malfeasance on the part of the applicant's employees,

officers, directors or principals.

(9) A copy of the applicant's standard debt management

services agreement.

(10) Information regarding the applicant's trust

account, including the name and address of the FDIC-insured

depository institution where the account is located and the

number of the account.

(11) Information regarding the number of the applicant's

credit counselors and supervisors or managers with direct

supervisory duties of credit counselors who perform the

consumer education program who are certified by an

independent certifying organization acceptable to the

department and a plan to ensure that any of the credit

counselors and supervisors or managers with direct

supervisory duties of credit counselors who perform the

consumer education program who are not certified become

certified within six months of the issuance date of the

license. A licensee shall notify the department of any change

in status regarding the licensee's certified credit

counselors, supervisor or managers with direct supervisory

duties of credit counselors within ten days of the change.

(12) Evidence that the applicant is accredited by an

independent accrediting organization acceptable to the

department.

(13) A penal bond meeting the requirements of section 7.

(14) A nonrefundable fee of $2,000.

(15) A description of the consumer education program

that the applicant provides or intends to provide to

consumers along with copies of any written materials used or

to be used in the program.

(16) Any other information that the department requires.