LD 2263
pg. 2
Page 1 of 7 An Act to Amend the State's Fair Debt Collection Practices Laws and to Provide ... Page 3 of 7
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LR 3670
Item 1

 
PART 2

 
REGISTRATION AND BONDING

 
§12-201. Registration and annual reregistration

 
1.__Only a nonprofit organization that is exempt from taxation
under the United States Internal Revenue Code, Section 501(c)(3)
may register under this Article to act as a debt management
service in this State.

 
2.__A nonprofit organization that is exempt from taxation
under the United States Internal Revenue Code, Section 501(c)(3)
desiring to act, or continue to act, in this State as a debt
management service shall apply to the administrator for
registration or reregistration under this Article.__The
application must be in a form prescribed by the administrator.__
The administrator may refuse the application if it contains
erroneous or incomplete information.__A registration may not be
issued unless the administrator, upon investigation, finds that
the financial responsibility, character and fitness of the
applicant and, when applicable, its partners, officers or
directors warrant belief that the business will be operated
honestly and fairly within the purposes of this Title.__The
initial application for registration may be filed at any time and
must include a fee of $500.__A registration or reregistration
under this Article expires on December 31st of the year approved.__
An annual reregistration application must be filed by December
1st of each year and must include a fee of $250.

 
3.__A nonprofit organization's application for registration or
reregistration as a debt management service is considered
effective and accepted by the State 30 days following the
submission of the registration or reregistration to the State
unless the administrator notifies the applicant in writing of any
errors in the application requiring correction or additional
information required to complete the application within such 30-
day period or, after such notice and an opportunity to cure,
determines that the application is denied.

 
§12-202.__Bond

 
Each application must be accompanied by evidence of a surety
bond, in a form approved by the administrator in the aggregate
amount of $50,000, to run to the administrator for use by the
administrator and any person or persons who may have a cause of
action against a debt management service.__The terms of the bond
must run concurrently with the period of time during which the
license is in effect.

 
PART 3


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