2007 Minnesota Statutes

53B.07 LICENSE APPLICATION.
    Subdivision 1. Requirements. An application for a license under this chapter must be made
in writing, under oath, and in a form prescribed by the commissioner.
    Subd. 2. General contents. An application must contain:
(1) the exact name of the applicant, the applicant's principal address, any fictitious or trade
name used by the applicant in the conduct of its business, and the location of the applicant's
business records;
(2) the history of the applicant's or any controlling person's material litigation during the
preceding ten years and criminal convictions;
(3) a description of the activities conducted by the applicant and a history of operations;
(4) a description of the business activities in which the applicant seeks to be engaged in
the state;
(5) a list identifying the applicant's proposed authorized delegates in the state, if any, at the
time of the filing of the license application;
(6) a sample authorized delegate contract, if applicable;
(7) a sample form of payment instrument, if applicable;
(8) the location or locations at which the applicant and its authorized delegates, if any,
propose to conduct the licensed activities in the state; and
(9) the name, address, and account numbers for the clearing bank or banks on which the
applicant's payment instruments will be drawn or through which these payment instruments
will be payable.
    Subd. 3. Additional information from corporations. If the applicant is a corporation, the
applicant must also provide:
(1) the date of the applicant's incorporation and state of incorporation;
(2) a certificate of good standing from the state in which the applicant was incorporated;
(3) a description of the corporate structure of the applicant, including the identity of any
parent or subsidiary of the applicant, and the disclosure of whether any parent or subsidiary is
publicly traded on any stock exchange;
(4) the name, business and residence address, and employment history for the past five years
of the applicant's executive officers and the officers or managers who will be in charge of the
applicant's activities to be licensed under this chapter;
(5) the name, business and residence address, and employment history for the period five
years prior to the date of the application of any key shareholder of the applicant;
(6) the history of material litigation during the preceding ten years and criminal convictions
of every executive officer or key shareholder of the applicant;
(7) a copy of the applicant's most recent audited financial statement, including balance
sheet, statement of income or loss, statement of changes in shareholder equity, and statement of
changes in financial position, and, if available, the applicant's audited financial statements for the
immediately preceding two-year period. However, if the applicant is a wholly owned subsidiary
of another corporation, the applicant may submit either the parent corporation's consolidated
audited financial statements for the current year and for the immediately preceding two-year
period or the parent corporation's Form 10K reports filed with the United States Securities and
Exchange Commission for the prior three years in lieu of the applicant's financial statements. If
the applicant is a wholly owned subsidiary of a corporation having its principal place of business
outside the United States, similar documentation filed with the parent corporation's non-United
States regulator may be submitted to satisfy this provision; and
(8) copies of all filings, if any, made by the applicant with the United States Securities and
Exchange Commission, or with a similar regulator in a country other than the United States,
within the year preceding the date of filing the application.
    Subd. 4. Additional information from noncorporate applicants. If the applicant is not a
corporation, the applicant must also provide:
(1) the name, business and residence address, personal financial statement, and employment
history for the past five years, of each principal of the applicant and the name, business and
residence address, and employment history for the past five years of any other person or persons
who will be in charge of the applicant's activities to be licensed under this chapter;
(2) the place and date of the applicant's registration or qualification to do business in this state;
(3) the history of material litigation during the preceding ten years and criminal convictions
for each individual having any ownership interest in the applicant and each individual who
exercises supervisory responsibility with respect to the applicant's activities; and
(4) copies of the applicant's audited financial statements, including balance sheet, statement
of income or loss, and statement of changes in financial position, for the current year and, if
available, for the immediately preceding two-year period.
    Subd. 5. Waiver. The commissioner may, for good cause shown, waive any requirement
of this section with respect to any license application or to permit a license applicant to submit
substituted information in its license application in lieu of the information required by this section.
History: 2001 c 148 s 8