7 TAC §1.1402
The Finance Commission of Texas (the commission) proposes
amendments to §1.1402, concerning the filing of new applications for
motor vehicle sales finance licenses. The purpose of the amendments to §1.1402
is to clarify the requirements for disclosure of owners and principal parties
under §1.1402(1)(B) for general partnerships and limited partnerships.
The proposed amendments also seek to clarify the fingerprinting requirements
under §1.1402(1)(F).
Leslie L. Pettijohn, Consumer Credit Commissioner, has determined that
for the first five-year period the amendments are in effect, there will be
no fiscal implications for state or local government as a result of administering
the rule as proposed.
Commissioner Pettijohn has also determined that for each year of the first
five years the rule is in effect, the public benefit anticipated as a result
of the proposed amendments will be that the commission's rule will conform
to current practice, will be more easily understood by licensees required
to comply with the rule, and will be more easily enforced. There is no anticipated
cost to persons who are required to comply with the amendments as proposed.
There will be no adverse economic effect on small or micro businesses. There
will be no effect on individuals required to comply with the rule as proposed.
Comments on the proposed amendments may be submitted in writing to Laurie
Hobbs, Assistant General Counsel, Office of Consumer Credit Commissioner,
2601 North Lamar Boulevard, Austin, Texas 78705-4207, or by email to laurie.hobbs@occc.state.tx.us.
To be considered, a written comment must be received on or before the 31st
day after the date the proposed amendments are published in the
Texas Register
. At the conclusion of the 31st day after the proposed
amendments are published in the
Texas Register
,
no further written comments will be considered or accepted by the commission.
The amendments are proposed under Texas Finance Code §11.304,
which authorizes the commission to adopt rules to enforce Title 4 of the Texas
Finance Code. Additionally, Texas Finance Code §348.513 authorize the
commission to adopt rules for the enforcement of the motor vehicle installment
sales chapter.
The statutory provisions (as currently in effect) affected by the proposed
amendments are contained in Texas Finance Code, Chapter 348.
§1.1402.Filing of New Application.
An application for issuance of a new motor vehicle sales finance license
must be submitted on forms prescribed by the commissioner at the date of filing
and in accordance with the commissioner's instructions. The application must
include the appropriate fees and the following:
(1)
Required Forms.
(A)
(No change.)
(B)
Disclosure of Owners and Principal Parties. If an individual's
interest in an entity is community property, then the spouse's community property
interest must also be listed. If the business interest is owned by a married
individual as separate property, documentation establishing or confirming
separate property status should be provided.
(i)
Proprietorship. An individual owning and operating the
business must be named.
(ii)
General
partnership
[
Partnership
].
Each partner must be listed and the percentage of ownership stated.
If a general partner is wholly or partially owned by a legal entity and not
a natural person, a narrative or diagram must be attached that includes the
names and titles of all "managerial officials," as that term is defined in §1.002
of the Texas Business Organizations Code, and a description of the ownership
of each legal entity must be provided. General partnerships that register
as limited liability partnerships should provide the same information as that
required for general partnerships.
(iii)
Corporation. The officers and directors' sections on
the form must be completed. Each shareholder holding at least 10% of the voting
stock must be named if the corporation is privately-held. If a parent corporation
is the sole or part owner of the proposed business, a narrative or diagram
must be attached that describes each level of ownership greater than 10%.
(iv)
Limited partnership. Each
partner, general and limited, must be listed and the percentage of ownership
stated.
(I)
General partners. The applicant should provide
the complete ownership, regardless of percentage owned, for all general partners.
If a general partner is wholly or partially owned by a legal entity and not
a natural person, a narrative or diagram must be attached that includes the
names and titles of all "managerial officials," as that term is defined in §1.002
of the Texas Business Organizations Code, and a description of the ownership
of each legal entity must be provided.
(II)
Limited partners. The applicant should provide
a complete list of all limited partners owning at least 10%.
(III)
Limited partnerships that register as limited
liability partnerships. The applicant should provide the same information
as that required for limited partnerships.
[
(iv)
Limited Liability Partnership.
Each partner, general and limited, owning at least 10% must be listed and
the percentage of ownership stated. If a partner is a business entity and
not an individual, a narrative or diagram must be attached that describes
each level of ownership greater than 10%.]
(v)
Limited Liability Company. Each manager, officer, agent,
and member owning at least 10% of the company, as those terms are used by
the Texas Limited Liability Company Act, Texas Civil Statutes, Article 1528n,
must be named. If a member is a business entity and not an individual, a narrative
or diagram must be attached that describes each level of ownership greater
than 10%.
(vi)
Trust or Estate. Each trustee or executor must be listed.
(C) - (E)
(No change.)
(F)
Fingerprint
cards
[
Card
].
(i)
For all principal parties, a
[
A
] complete set of legible fingerprints must be provided
. All fingerprints
should be submitted on the format provided by the agency and approved by the
Department of Public Safety and the Federal Bureau of Investigation
[
for each individual that is a principal party
].
(ii)
For limited partnerships,
if the disclosure of owners and principal parties under subparagraph (B)(iv)(I)
of this paragraph 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.
(iii)
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 agency may approve the request, seek alternative
appropriate individuals, or deny the request.
(iv)
For individuals
[
Individuals
] who have previously been licensed by the agency and principal parties
of entities currently licensed
, fingerprints
are not required [
to provide fingerprints. All fingerprints should be submitted on the format
provided by the agency and approved by the Department of Public Safety and
the Federal Bureau of Investigation
].
(2) - (4)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on April 6, 2006.
TRD-200602042
Leslie L. Pettijohn
Commissioner
Finance Commission of Texas
Earliest possible date of adoption: May 21, 2006
For further information, please call: (512) 936-7640