| (6) 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, the applicant must provide
all assumed names used.
(7) Debt management services agreement. The applicant
must provide a blank copy of the written debt management services
agreement as described in Texas Finance Code, §394.209.
(8) Accreditation organizations. The applicant must
provide the names and contact information for:
(A) the independent, third-party accreditation organization
of the provider; and
(B) the accreditation organization or program that
certifies the provider's credit counselors.
(9) Fingerprints.
(A) The applicant must provide a complete set of legible
fingerprints for each person meeting the definition of "principal
party" in §88.101 of this title (relating to Definitions). All
fingerprints must be submitted in a format prescribed by the OCCC
and approved by the Texas Department of Public Safety and the Federal
Bureau of Investigation.
(B) For limited partnerships, if the owners and principal
parties under paragraph (3) of this subsection does not produce a
natural person, the applicant must provide a complete set of legible
fingerprints for individuals who are associated with the general partner
as principal parties.
(C) For entities with complex ownership structures
that result in the identification of individuals to be fingerprinted
who do not have a substantial relationship to the proposed applicant,
the applicant may submit a request to fingerprint three officers or
similar employees with significant involvement in the proposed business.
The request should describe the relationship and significant involvement
of the individuals in the proposed business. The OCCC may approve
the request, seek alternative appropriate individuals, or deny the
request.
(D) For individuals who have previously been registered
by the OCCC and principal parties of entities currently registered,
fingerprints are not required to be provided with the initial application
if the fingerprints are on record with the OCCC, are less than 10
years old, and have been processed by both the Texas Department of
Public Safety and the Federal Bureau of Investigation. Upon request,
the OCCC may require individuals and principal parties previously
registered with the OCCC to submit a new set of fingerprints.
(E) For individuals who have previously submitted fingerprints
to another state agency, fingerprints are still required to be submitted
for use by the OCCC under Texas Finance Code, §14.152. Fingerprints
cannot be disclosed to others, except as authorized by Texas Government
Code, §560.002.
|
| Source Note: The provisions of this §88.102 adopted to be effective November 10, 2005, 30 TexReg 7213; amended to be effective September 6, 2007, 32 TexReg 5659; amended to be effective May 6, 2010, 35 TexReg 3481; amended to be effective September 8, 2011, 36 TexReg 5673; amended to be effective January 2, 2014, 38 TexReg 9488; amended to be effective September 10, 2015, 40 TexReg 5774; amended to be effective March 8, 2018, 43 TexReg 1258 |
