Section 451.1223. Amended application.

(1) A proposed change of name of a firm shall be filed with the bureau for approval prior to effecting the change. The  bureau  shall   not accept a name change that would be confusing with the name of an existing firm or governmental agency, or cause confusion about services to be received from a licensee. An amended application   shall    be    filed contemporaneously with the name change.

(2)  A firm shall file an amended application with the bureau within 5 days of the occurrence of any of the following:

(a)  If a firm is a corporation, a change in its officers or directors.

(b)   If a firm is a partnership, a change in its members.

(c)   If a firm is a sole proprietorship, a change in ownership.

(d)  Conviction of an officer, director, partner, or sole proprietor of the firm of a felony or misdemeanor involving moral turpitude.

(e)   Insolvency, filing in bankruptcy, receivership,  or   assignment   for the benefit of creditors of the licensee.

(3)   If a firm transfers its debt management business to another office at a different address, its license shall be deemed to apply to its new office only if the following requirements are met:

(a)  The bureau amends its application to reflect the effective  date   of the transfer.

(b)  The firm ceases to conduct debt  management  business  at  the  old address on the date indicated, and has notified its clients of the change of address not less than 5 days prior to the change.

(c)   The surety company has notified the bureau that  the   bond  furnished pursuant to the act shall apply in full force and effect to the new office after the date of the transfer.

(d)   The firm has submitted its license certificate or order to the bureau for reissuance to cover the new office, and the   license  or  order has been so reissued.

(4)   The firm  shall   promptly  file  an  amended  application   upon   the occurrence of any material event affecting the accuracy of the information contained in the current application.

(5)     When the partnership agreement of a firm provides for the substitution, withdrawal,  or  addition  of  members    of    the    partnership without winding up the

partnership business, it shall not be necessary to obtain a new license  or  exemption order because  of  substitutions, withdrawals, or additions  if   evidence  satisfactory   to the   bureau   is furnished as to the following:

(a)   That the surety bond furnished pursuant to the act shall continue in full force and effect.

(b)   The financial responsibility, experience, character, and general fitness of new members. The licensee shall furnish an executed business history form, 3 affidavits of character, and a fingerprint  card   for   each new partner.

(c)    That the withdrawal or substitution of new partners will not render the partnership insolvent.

(d)  That at least 2/3 in number and interest of those who were partners when the license was applied for and issued are continuing as members  of the partnership, or that 1 of the original partners remains in a 2-person partnership and a new partner is added simultaneously with the departure of original partner.

(6)   A change in the ownership of a sole proprietorship firm shall operate to terminate  the  license  and   require  the  filing   of  a   new application and the issuance of a new license before   continuance  of  the debt management business.

(7)   If the firm seeks to open an additional branch office, it shall amend its current application to reflect the address of the additional office and the name of the office manager. The licensee or exempted person shall file the appropriate forms with the bureau and pay the statutory fee.

History: 1979 AC.