Fla. Admin. Code Ann. R. 69V-560.201 - Amendments, Change of Name, Change of Entity and Change in Control or Ownership

(1) Written notices required under Section 560.126(1)(a) through (g), F.S., shall be sent by registered mail to: Office of Financial Regulation, Division of Consumer Finance, 200 East Gaines Street, Tallahassee, Fl. 32399-0376.

(2) Each person licensed under Chapter 560, F.S., that proposes to change the information contained in any initial application form or any amendment thereto, must file an amendment pursuant to Section 560.126, F.S., not later than thirty (30) days after the effective date of the change by submitting an Application for Licensure as Money Services Business, Form OFR-560-01, through the Office's REAL System in accordance with Rule 69V-560.1013, F.A.C.

(3) Each person licensed under Chapter 560, F.S., that proposes to change any personnel listed in question 5G of Form OFR-560-01 that does not result in a change of controlling interest in the licensee, shall file an amendment on or before the effective date of the change or within two (2) business days after the date the licensee first received notice of the change. Persons not currently on file with the Office that have not complied with Section 560.141(1)(c), F.S., must comply with the fingerprinting requirements contained therein.

(4) Where a person or group of persons directly or indirectly or acting by or through one or more persons, proposes to acquire a controlling interest in a money services business licensee, such person or group shall file with the Office, no later than thirty (30) days prior to the date of such acquisition, a new application pursuant to Rule 69V-560.102, F.A.C., together with all required exhibits and fees. Additionally, the applicant shall file with the Office, at the time the new application is filed, a notice of termination of licensure of the acquired entity on Form OFR-560-01, effective upon disposition of the new application by the Office.

(5) A licensee required to file a new application as a result of an acquisition of a controlling interest pursuant to Section 560.126(3)(a), F.S., must also file new location forms (Form OFR-560-02) and applicable fees up to a maximum of $20,000 for all existing locations on file with the Office at the time of filing the new application in subsection (4) of this rule and a Declaration of Intent to Engage in Deferred Presentment Transactions (Form OFR-560-03) and applicable fee if currently engaged in deferred presentment transactions.

(6) The Office shall waive the requirement for a licensee to file a new application pursuant to Section 560.126(3)(a), F.S.:

(a) When a person or group of persons proposing to purchase or acquire a controlling interest in a licensee has previously complied with the applicable provisions of Section 560.141, F.S., concerning a money services business currently licensed with the Office, provided that such person is currently affiliated with the money services business; or

(b) When the acquirer is currently licensed with the Office as a money services business.

(7) Forms OFR-560-01, OFR-560-02, and OFR-560-03 are incorporated by reference in Rule 69V-560.1012, F.A.C.

Notes

Fla. Admin. Code Ann. R. 69V-560.201

Rulemaking Authority 560.105, 560.126 FS. Law Implemented 560.126, 560.127, 560.143, 560.204, 560.303 FS.

New 9-24-97, Amended 11-4-01, 12-11-03, Formerly 3C-560.201, Amended 7-15-07, 1-13-09, Amended by Florida Register Volume 45, Number 221, November 13, 2019 effective 11/28/2019.

New 9-24-97, Amended 11-4-01, 12-11-03, Formerly 3C-560.201, Amended 7-15-07, 1-13-09, 11-28-19.