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Current as of January 02, 2024 | Updated by Findlaw Staff
(a)(1) An application for a license or license renewal must:
(A) Be in a form prescribed by the commissioner;
(B) Contain information as the commissioner reasonably requires;
(C) Be accompanied by a reasonable fee established by the commissioner; and
(D) Be signed under oath.
(2) A license to provide debt resolution services is valid for a period of two (2) years from the date of issuance.
(b) The following items are required in an application for a license under this part:
(1) Proof of compliance with the Business Tax Act, compiled in title 67, chapter 4, part 7, and any other requirement imposed by the secretary of state for an entity to engage in business in this state;
(2) The applicant's name, principal business address, and telephone number; all business addresses in this state; the principal email address for the business; and the principal website address to be used for the business;
(3) The name and business address of each executive officer and member of the board of directors, or equivalent leadership structure, of the applicant;
(4) A statement describing, to the extent it is known or should be known by the applicant, any material civil or criminal judgment in any jurisdiction, or any enforcement action against the applicant, or any of the applicant's executive officers or members of the applicant's board of directors, or equivalent leadership structure, by any local, state, or federal governmental agency, in each case relating to debt adjusting, debt pooling, prorating, activity as a credit services organization, unfair and deceptive trade practices, false advertising, this state's consumer protection law, or any other similar law or regulation;
(5) A copy of each form of agreement and the schedule of fees and charges that the applicant will use with consumers who reside in this state;
(6) Income statements and balance sheets from the applicant for the two (2) fiscal years preceding the date of the application; and
(7) Evidence of accreditation or certification by an independent accrediting or certifying organization approved by the commissioner or by a national trade group for debt resolution services providers to certify that regular audits have been completed to assure compliance with federal and state regulations and with industry best practices.
(c) In connection with an application for license renewal, the licensee shall provide access to the licensee's books and records with respect to consumers in this state that are being or have been serviced by the licensee.
(d) The commissioner may participate in a multistate licensing system for the sharing of regulatory information and for the licensing and application, by electronic or other means, of entities engaged in the business of debt resolution services. The commissioner may establish requirements for participation by an applicant in a multistate licensing system that varies from this part. The applicant shall pay directly to a multistate licensing system any additional fees relating to participation in the multistate licensing system.
(e)(1) The commissioner may require each applicant applying for initial licensure under this part to submit a full set of fingerprints of each of the applicant's executive officers in order for the commissioner to obtain and receive national criminal history records from the criminal justice information services division of the federal bureau of investigation. Unless the commissioner contracts to obtain criminal history records, or makes use of an existing contract to obtain criminal history records, pursuant to subdivision (e)(2), the commissioner may submit each executive officer's fingerprints and the fee required to perform the criminal history record check to the Tennessee bureau of investigation and the federal bureau of investigation for state and national criminal history record checks. The commissioner may require any fingerprints submitted pursuant to this subsection (e) be provided in an electronic format.
(2) The commissioner may contract, or make use of an existing contract with this state, for the collection and transmission of fingerprints authorized under this section. If the commissioner contracts, or makes use of an existing contract, then the commissioner may order the applicant to pay the fee for collecting and transmitting fingerprints to the contractor. The commissioner may agree to a reasonable fingerprinting fee to be charged by the contractor to the applicant.
(3) The commissioner shall treat and maintain any executive officer's fingerprints and any criminal history record information obtained under this section as confidential and limit the use of records solely to the purposes authorized under this section. The fingerprints and any criminal history record information are not subject to subpoena, other than a subpoena issued in a criminal action or investigation, and are confidential by law and privileged, and are not subject to discovery or admissible in evidence in any private civil action.
(4) The commissioner shall refuse to issue an initial license to an applicant who does not provide fingerprints in compliance with this subsection (e).
(f) An applicant or licensee shall notify the commissioner within thirty (30) days after a material change in any of the information submitted in connection with an application for a license or license renewal submitted pursuant to this part, including:
(1) A change in the applicant's or licensee's principal place of business;
(2) A merger or dissolution related to the licensee; or
(3) An applicant or licensee pleading guilty to or being convicted of a felony in a court of competent jurisdiction.
Cite this article: FindLaw.com - Tennessee Code Title 47. Commercial Instruments and Transactions § 47-18-5805 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-47-commercial-instruments-and-transactions/tn-code-sect-47-18-5805/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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