20:07:19:04.  Application -- Prescribed form and required information. Any application for licensure or registration shall be provided by the division. An applicant must provide the following information as applicable:

          (1)  The applicant's name, address, date of birth, and social security number or taxpayer identification number as applicable;

          (2)  The proposed location of the business;

          (3)  The applicant's form and place of incorporation or organization, if applicable;

          (4)  The name and address of the sole proprietor; the name and address of each partner, member, officer, director, or any person performing similar functions; or the name and address of any person that owns 10 percent or more of a mortgage entity that is other than a sole proprietorship or partnership;

          (5)  Evidence of a surety bond;

          (6)  The qualifications and business history of the applicant and, if applicable, the business history of any partner, member, officer, director, shareholder or any person performing similar functions;

          (7)  A statement as to whether the applicant or, to the best of the applicant's knowledge, any shareholder, member, partner, officer, director, or any person performing similar functions, or employee of the applicant is currently under investigation, has been convicted of or has pleaded guilty to any felony or criminal offense involving fraud or dishonesty, or has been subject to any adverse civil judgment for any conduct involving fraudulent or dishonest dealing;

          (8)  The applicant's consent to a state and federal background investigation and two sets of the applicant's fingerprints on forms provided by the division. In the case of an applicant that is a corporation, partnership, limited liability company, association, or trust, each individual who has control of or involvement in the day to day operations of the applicant entity or who is the principal or manager shall consent to a state and federal background investigation and submit two sets of that individual's fingerprints on forms provided by the division. Refusal to consent to a background investigation constitutes grounds for the division to deny licensure to the applicant.

          Source: 33 SDR 226, effective July 1, 2007; 34 SDR 200, effective January 29, 2008; 34 SDR 322, effective June 30, 2008.

          General Authority: SDCL 54-14-31.

          Law Implemented: SDCL 54-14-14, 54-14-15, 54-14-22, 54-14-24.

          20:07:19:04.01.  Change of control -- Application required. If there is a change of control of a licensee, the individual or entity assuming control of the licensee shall file an application with the division, on forms provided by the division and comply with the requirements and qualifications of an applicant as set forth in SDCL chapter 54-14 and the provisions of this chapter. Any change of control application shall be accompanied by a fee equal to the amount required for a renewal application as established in § 20:07:19:03.

          For purposes of this section, change of control is defined as ownership of, or the power to vote, twenty-five percent or more of the outstanding voting shares of a licensee or controlling person.

          Source: 34 SDR 322, effective June 30, 2008.

          General Authority: SDCL 54-14-31.

          Law Implemented: SDCL 54-14-14, 54-14-19.