(205 ILCS 665/5) (from Ch. 17, par. 5305)
Sec. 5. Qualifications for license. Upon the filing of the application and
the approval of the bond and the payment of the specified fees, the Secretary may issue a license if he finds:
(1) That the financial responsibility, experience, character and general
fitness of the applicant, the managers thereof, if the applicant is a limited
liability company, the partners thereof, if the applicant is a partnership, and
of the officers and directors thereof, if the applicant is a corporation or a
not-for-profit corporation, are such as to command the confidence of the
community and to warrant belief that the business will be operated fairly,
honestly and efficiently within the purposes of this Act, and
(2) That the applicant, if an individual, the managers thereof, if the
applicant is a limited liability company, the partners thereof, if the
applicant is a partnership, and the officers and directors thereof, if the
applicant is a corporation, have not been convicted of a felony or a
misdemeanor involving dishonesty or untrustworthiness, and
(3) That the person or persons have not had a record of having defaulted in
the payment of money collected for others, including the discharge of such
debts through bankruptcy proceedings, and
(4) The applicant, or any officers, directors, partners or managers, have
not previously violated any provision of this Act or any rule lawfully made
by the Secretary, and
(5) The applicant has not made any false statement or representation to the
Secretary in applying for a license hereunder.
The Secretary shall deliver a license to the applicant to engage in the debt
management service business in accordance with the provisions of this Act at
the location specified in the said application, which license shall remain in
full force and effect until it is surrendered by the licensee or revoked by the
Secretary as herein provided; provided, however, that each license shall expire
by the terms thereof on January 1 next following the issuance thereof unless
the same be renewed as hereinafter provided. A license, however, may not be
surrendered without the approval of the Secretary.
More than one license may be issued to the same person for separate
places of business, but separate applications shall be made for each location conducting business with Illinois residents.
(Source: P.A. 96-1420, eff. 8-3-10.)
|