| (E) Assumed name certificates. For any applicant that
does business under an "assumed name" as that term is defined in Texas
Business and Commerce Code, §71.002, an assumed name certificate
must be filed as provided in this subparagraph.
(i) Unincorporated applicants. Unincorporated applicants
using or planning to use an assumed name must file an assumed name
certificate with the county clerk of the county where the proposed
business is located in compliance with Texas Business and Commerce
Code, Chapter 71, as amended. An applicant must provide a copy of
the assumed name certificate that shows the filing stamp of the county
clerk or, alternatively, a certified copy.
(ii) Incorporated applicants. Incorporated applicants
using or planning to use an assumed name must file an assumed name
certificate in compliance with Texas Business and Commerce Code, Chapter
71, as amended. Evidence of the filing bearing the filing stamp of
the Office of the Texas Secretary of State must be submitted or, alternatively,
a certified copy.
(F) Bond. The commissioner may require a bond under
Texas Finance Code, §351.102 when the commissioner finds that
it would serve the public interest. When a bond is required, the commissioner
will give written notice to the applicant. Should a bond not be submitted
within 40 calendar days of the date of the commissioner's notice,
any pending application may be denied.
(3) Subsequent applications (branch offices). If the
applicant is currently licensed and filing an application for a new
office, the applicant must provide the information that is unique
to the new location, including the application for license, disclosure
questions, owners and principal parties, and a new financial statement
as provided in paragraph (2)(D) of this section. The person responsible
for the day-to-day operations of the applicant's proposed new location
must file a personal affidavit, personal questionnaire, and employment
history, if not previously filed. Other information required by this
section need not be filed if the information on file with the OCCC
is current and valid.
|
| Source Note: The provisions of this §89.302 adopted to be effective November 8, 2007, 32 TexReg 7919; amended to be effective July 5, 2012, 37 TexReg 4874; amended to be effective November 9, 2017, 42 TexReg 6131 |
