Section 06.55.404. Change of control.

   (a) A money services licensee shall
        (1) give the department notice in a record of a proposed change of control within 15 days after learning of the proposed change of control;
        (2) request approval of the acquisition; and
        (3) submit a nonrefundable fee with the notice.
   (b) After review of a request for approval under (a) of this section, the department may require the money services licensee to provide additional information concerning the proposed persons in control of the money services licensee. The additional information must be limited to the same types required of the money services licensee or persons in control of the money services licensee as part of its original money services license or renewal application.
   (c) The department shall approve a request for change of control under (a) of this section if, after investigation, the department determines that the person or group of persons requesting approval has the competence, experience, character, and general fitness to operate the money services licensee or person in control of the money services licensee in a lawful and proper manner and that the public interest will not be jeopardized by the change of control.
   (d) When an application for a change of control under AS 06.55.401 - 06.55.407 is complete, the department shall notify the money services licensee in a record of the date on which the request was determined to be complete, and
        (1) the department shall approve or deny the request within 120 days after that date; or
        (2) if the request is not approved or denied within 120 days after that date,
             (A) the request is approved; and
             (B) the department shall permit the change of control under this section, to take effect as of the first business day after expiration of the period.
   (e) The department, by regulation or order, may exempt a person from any of the requirements of (a)(2) and (3) of this section if it is in the public interest to exempt the person.
   (f) The provisions of (a) of this section do not apply to a public offering of securities.
   (g) Before filing a request for approval to acquire control of a money services licensee or person in control of a money services licensee, a person may request in a record a determination from the department as to whether the person would be considered a person in control of a money services licensee upon consummation of a proposed transaction. If the department determines that the person would not be a person in control of a money services licensee, the department shall enter an order to that effect, and the proposed person and transaction are not subject to the requirements of (a) - (c) of this section.

Authorities

6.55.850

Notes

Recent Bills that will modify this

HB 271 MONEY SERVICES BUSINESS: REQS; LICENSING;
SB 152 MONEY SERVICES BUSINESS: REQS; LICENSING;

Implemented As

3 AAC 13.120
3 AAC 13.840
3 AAC 13.990

References

3 AAC 13.120
AS 6.55.850 .850">Sec. 06.55.850. Establishment of fees and other charges.

History

(Sec. 1 ch 55 SLA 2007)