6-704. Application for license; bonds;
contract
A. An application for a license shall be in writing, under oath and in a form
prescribed by the superintendent, and shall contain the name and address, both of the
residence and place of business, of the applicant and if the applicant is an association
or society, of every member thereof, and if a corporation or partnership, of every
officer and director thereof and a copy of the articles of incorporation, and the
specific address or addresses at which the business is to be conducted. The
superintendent may require as part of the application a credit report and such other
information as he deems necessary.
B. At the time of filing the application the applicant shall furnish a cash or
surety bond payable to the people of the state in the sum of not less than five thousand
dollars for licensees disbursing less than one hundred thousand dollars each year and for
the following amounts based on the amounts disbursed by the licensee in the previous
license year:
Yearly disbursements Amount of bond
$100,000 - $250,000 $10,000.00
$250,001 - $500,000 $15,000.00
$500,001 - $1,000,000 $20,000.00
More than $1,000,000 $25,000.00
C. Each bond prescribed in subsection B shall be conditioned upon the faithful
accounting of all monies collected upon accounts entrusted to such person engaged in debt
management, and their employees and agents, and upon the faithful observance of the
provisions of this article and the contract between the licensee and the debtor. The
bond shall be approved by the superintendent and filed in the office of the
superintendent. The bond shall remain in force and effect until the surety is released
from liability by the superintendent, or until the surety bond is canceled by the
surety. The surety may cancel the surety bond and be relieved of further liability by
delivering thirty days' written notice to the superintendent. The cancellation does not
affect any liability incurred or accrued prior to the termination of the thirty-day
period. Any person who suffers any loss or damage by reason of the neglect or default of
a licensee or his employees or agents or by the licensee's violation of any of the
provisions of this article or of the contract between him and the debtor shall have a
right of action against the licensee and the sureties on his bond. No action may be
brought on the bond by any person after the expiration of two years from the time when
the act or default occurred. When an action is commenced on the bond of a licensee, the
superintendent may require the filing of a new bond, and immediately upon the recovery of
any action on the bond the licensee shall file a new bond. Failure to file a new bond
within ten days of the recovery on a bond, or within ten days after notification that a
bond is required, constitutes sufficient grounds for the suspension or revocation of a
license.
D. In addition to the bond provided in subsection B, the superintendent may require
an applicant to obtain an adequate fidelity bond for each officer, employee, or agent
having access to funds collected by or for the licensee or having authority to draw
against such funds. The fidelity bond required to be filed in accordance with this
section shall remain in force and effect until the surety is released from liability by
the superintendent, or until the bond is canceled by the surety. The surety may cancel
the bond and be relieved of further liability by delivering thirty days' written notice
to the superintendent. The cancellation shall not affect any liability incurred or
accrued prior to the termination of the thirty-day period.
E. Each applicant for a license shall file with his application a blank copy of the
contract intended to be used between the licensee and the debtor and shall file with the
superintendent a copy of all changes and amendments thereto.
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