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Connecticut Public Acts 1996

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Substitute House Bill No. 5411

PUBLIC ACT NO. 96-71

AN ACT CONCERNING FEES FOR APPLICATIONS FILED WITH THE COMMISSIONER OF BANKING FOR CERTAIN CONSUMER CREDIT LICENSES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (a) of section 36a-486 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) No person shall engage in the business of making first mortgage loans unless such person has first obtained a license in accordance with the provisions of sections 36a-485 to 36a-495, inclusive AS AMENDED BY THIS ACT. No person shall engage in the first [loan] mortgage loan business in this state as a mortgage broker unless such person has first obtained a license in accordance with the provisions of said sections.

Sec. 2. Section 36a-491 of the general statutes is repealed and the following is substituted in lieu thereof:

(a)(1) Each applicant for a license to be a mortgage lender or to be both a mortgage lender and a mortgage broker shall, at the time of making such application, pay to the commissioner a [nonrefundable] license fee of four hundred dollars. Each applicant for a license to be a mortgage broker shall, at the time of making such application, pay to the commissioner a [nonrefundable] license fee of two hundred dollars. Each license issued pursuant to this section shall expire at the close of business on September thirtieth of each year unless such license is renewed. Such licensee shall, on or before September first of each year, pay to the commissioner the appropriate license fee as provided in this section for the succeeding year, commencing October first, together with such renewal application as the commissioner may require. Any renewal application filed with the commissioner after September first shall be accompanied by a one-hundred-dollar late fee. (2) Whenever an application for a license, other than a renewal application, is filed under sections 36a-485 to 36a-495, inclusive, AS AMENDED BY THIS ACT by any person who was a licensee under said sections and whose license expired less than sixty days prior to the date such application was filed, such application shall be accompanied by a one-hundred-dollar processing fee in addition to the application fee.

(b) No abatement of the license fee shall be made if the license is surrendered, [canceled,] revoked or suspended prior to the expiration of the period for which it was issued. ALL FEES REQUIRED BY THIS SECTION SHALL BE NONREFUNDABLE.

Sec. 3. Section 36a-514 of the general statutes is repealed and the following is substituted in lieu thereof:

(a)(1) Each applicant for a license to be a lender or to be both a lender and broker, at the time of making such application, shall pay to the commissioner a [nonrefundable] license fee of four hundred dollars. Each applicant for a license to be a broker, but not a lender, at the time of making such application, shall pay to the commissioner a [nonrefundable] license fee of two hundred dollars. Each license issued pursuant to this section shall expire at the close of business on June thirtieth of each year unless such license is renewed. Each licensee shall, on or before June first of each year, file a renewal application and pay to the commissioner the appropriate license fee as provided in this section to renew the license for the succeeding year, commencing July first. Any renewal application filed with the commissioner after June first shall be accompanied by a one-hundred-dollar late fee. (2) Whenever an application for a license, other than a renewal application, is filed under this section by any person who was a licensee under sections 36a-510 to 36a-524, inclusive, AS AMENDED BY SECTION 3 OF THIS ACT and whose license expired less than sixty days prior to the date such application was filed, such application shall be accompanied by a one-hundred-dollar processing fee in addition to the application fee.

(b) Each applicant or licensee shall pay the expenses of any examination or investigation made under sections 36a-510 to 36a-524, inclusive [4m, [0m AS AMENDED BY SECTION 3 OF THIS ACT.

(c) No abatement of the license fee shall be made if the license is surrendered, [canceled,] revoked or suspended prior to the expiration of the period for which it was issued. ALL FEES REQUIRED BY THIS SECTION SHALL BE NONREFUNDABLE.

Sec. 4. Section 36a-539 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Each person applying for a license under sections 36a-535 to 36a-546, inclusive, AS AMENDED BY THIS ACT shall pay a [nonrefundable] license fee of four hundred dollars. Each license issued pursuant to said sections shall expire at the close of business on June thirtieth of each year unless such license is renewed. Whenever an application for a license is filed under this section by any person who was a licensee under sections 36a-535 to 36a-546, inclusive, AS AMENDED BY THIS ACT and whose license expired less than sixty days prior to the date such application was filed, such application shall be accompanied by a one-hundred-dollar processing fee in addition to the application fee. Not more than one place of business shall be maintained under the same license, but the commissioner may issue more than one license to the same licensee upon receipt of an application and the payment of the appropriate license fee.

(b) NO ABATEMENT OF THE LICENSE FEE SHALL BE MADE IF THE LICENSE IS SURRENDERED, REVOKED OR SUSPENDED PRIOR TO THE EXPIRATION OF THE PERIOD FOR WHICH IT WAS ISSUED. ALL FEES REQUIRED BY THIS SECTION AND SECTION 36a-542, AS AMENDED BY SECTION 5 OF THIS ACT, SHALL BE NONREFUNDABLE.

Sec. 5. Section 36a-542 of the general statutes is repealed and the following is substituted in lieu thereof:

Each person licensed as a sales finance company may renew such license for the succeeding year commencing July first by filing with the commissioner on or before June first a form prescribed by the commissioner, in writing and under oath, together with such exhibits and other pertinent information as the commissioner may require. The [nonrefundable] LICENSE fee shall be four hundred dollars. Any renewal application filed with the commissioner under this section after June first shall be accompanied by a one-hundred-dollar late fee.

Sec. 6. Section 36a-558 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Each applicant for a license, at the time of making such application, shall pay to the commissioner a [nonrefundable] license fee of four hundred dollars. Each license issued pursuant to sections 36a-555 to 36a-573, inclusive, AS AMENDED shall expire at the close of business on June thirtieth of each year, unless such license is renewed. Each licensee shall, on or before June first of each year, file a renewal application and pay to the commissioner a four-hundred-dollar license fee to renew the license for the succeeding year, commencing July first. Any renewal application filed with the commissioner after June first shall be accompanied by a one-hundred-dollar late fee. Whenever an application for a license, other than a renewal application, is filed under this section by any person who was a licensee under sections 36a-555 to 36a-573, inclusive, AS AMENDED and whose license expired less than sixty days prior to the date such application was filed, such application shall be accompanied by a one-hundred-dollar processing fee in addition to the application fee. Each applicant shall pay the expenses of any examination or investigation made under sections 36a-555 to 36a-573, inclusive AS AMENDED.

(b) NO ABATEMENT OF THE LICENSE FEE SHALL BE MADE IF THE LICENSE IS SURRENDERED, REVOKED OR SUSPENDED PRIOR TO THE EXPIRATION OF THE PERIOD FOR WHICH IT WAS ISSUED. ALL FEES REQUIRED BY THIS SECTION SHALL BE NONREFUNDABLE.

Sec. 7. Subsection (b) of section 36a-801 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) (1)Any person desiring to act within this state as a consumer collection agency shall make a written application to the commissioner for such license in such form as the commissioner prescribes. Such application shall be accompanied by (A) a financial statement prepared by a certified public accountant or a public accountant, the accuracy of which is sworn to under oath before a notary public by the proprietor, a general partner, or a corporate officer duly authorized to execute such documents, [and a nonrefundable] (B) A license fee of four hundred dollars and [a nonrefundable] (C) AN investigation fee of one hundred dollars. The commissioner shall cause to be made such inquiry and examination as to the qualifications of each such applicant as the commissioner deems necessary. Each applicant shall furnish satisfactory evidence to the commissioner that the applicant is a person of good moral character and is financially responsible. If the commissioner is satisfied that such applicant is in all respects properly qualified and trustworthy and that the granting of such license is not against the public interest, the commissioner may issue to such applicant a license, in such form as the commissioner may adopt, to act within this state as a consumer collection agency. Any such license issued by the commissioner shall expire at the close of business on April thirtieth of each year, but may be renewed by the commissioner, in the commissioner's discretion, and upon proper RENEWAL application accompanied by a [renewal] LICENSE fee of four hundred dollars and satisfactory proof that such applicant at that time possesses the required qualifications for the license. Such renewal application shall be filed with the commissioner prior to April first of each year. Any renewal application filed with the commissioner after April first shall be accompanied by a one-hundred-dollar late fee. To further the enforcement of this section and to determine the eligibility of any person holding a license, the commissioner may, as often as the commissioner deems necessary, examine the licensee's books and records, and may, at any time, require the licensee to submit such a financial statement for the examination of the commissioner, so that the commissioner may determine whether the licensee is financially responsible to carry on a consumer collection agency business within the intents and purposes of sections 36a-800 to 36a-810, inclusive AS AMENDED BY THIS ACT. Any financial statement submitted by a licensee shall be confidential and shall not be a public record unless introduced in evidence at a hearing conducted by the commissioner. (2) NO ABATEMENT OF THE LICENSE FEE SHALL BE MADE IF THE LICENSE IS SURRENDERED, REVOKED OR SUSPENDED PRIOR TO THE EXPIRATION OF THE PERIOD FOR WHICH IT WAS ISSUED. ALL FEES REQUIRED BY THIS SECTION SHALL BE NONREFUNDABLE.

Sec. 8. This act shall take effect July 1, 1996.

Approved May 8, 1996. Effective July 1, 1996.

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