Florida Regulations 69V-40.099: Amendments, Change of Name, Change of Entity and Change in Control or Ownership
Current as of: 2024 | Check for updates
|
Other versions
(1) Each person licensed as a loan originator, mortgage broker, or mortgage lender which proposes to change its name, form of business organization, or any other information contained in any initial application form or any amendment thereto, must file an amendment through the Registry pursuant to sections 494.004 and 494.0067, F.S., not later than 30 days after the effective date of the change.
(2) Each licensed mortgage broker or mortgage lender which proposes to change any of the control persons listed on the initial application or amendment thereto must file an amendment through the Registry not later than 30 days prior to the effective date of the change or within 2 business days after the date the licensee first received notice of the change. In the event an amendment filed pursuant to this rule results in the addition of a new control person not previously disclosed on the license such person is subject to the fingerprinting and credit report requirements required in sections 494.00321 and 494.00611, F.S., unless the new control person is currently licensed as a loan originator at the time the amendment is filed through the Registry.
Amendments required to be filed pursuant to this rule must be accomplished by filing an amendment through the Registry and on same uniform forms required for initial licensure. Only those amendments filed through the Registry will be considered compliant with this rule. Upon filing an amendment pursuant to this rule the Office shall evaluate the licensee to determine if it continues to meet the minimum standards for licensure. The Office may take administrative action in accordance with Florida Statutes § 494.00255, if the Office determines the licensee no longer meets the minimum standards for licensure.
Rulemaking Authority 494.0011(2), 494.004(1), 494.0067 FS. Law Implemented 494.0011(2), 494.00312, 494.00313, 494.00321, 494.00322, 494.0036, 494.00611, 494.00612, 494.0066, 494.0067 FS. History-New 1-10-93, Amended 5-14-95, 9-3-95, 12-12-99, 11-1-00, Formerly 3D-40.099, Amended 3-23-08, 10-1-10.
Terms Used In Florida Regulations 69V-40.099
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Amendments required to be filed pursuant to this rule must be accomplished by filing an amendment through the Registry and on same uniform forms required for initial licensure. Only those amendments filed through the Registry will be considered compliant with this rule. Upon filing an amendment pursuant to this rule the Office shall evaluate the licensee to determine if it continues to meet the minimum standards for licensure. The Office may take administrative action in accordance with Florida Statutes § 494.00255, if the Office determines the licensee no longer meets the minimum standards for licensure.
Rulemaking Authority 494.0011(2), 494.004(1), 494.0067 FS. Law Implemented 494.0011(2), 494.00312, 494.00313, 494.00321, 494.00322, 494.0036, 494.00611, 494.00612, 494.0066, 494.0067 FS. History-New 1-10-93, Amended 5-14-95, 9-3-95, 12-12-99, 11-1-00, Formerly 3D-40.099, Amended 3-23-08, 10-1-10.