69V-160.032. Amendments, Change of Name, Change of Entity and Change in Control or Ownership  


Effective on Thursday, August 3, 2023
  • 1(1) Each person licensed under Chapter 516, F.S., that proposes to change its name, form of business organization, or any other information contained in any initial application form or any amendment thereto, must file an amendment pursuant to Section 40516.05, F.S., 42not later than thirty-days (30) after the effective date of the change on Application for Consumer Finance Company License, Form OFR-516-01. Name changes pursuant to this subsection shall not involve any change in controlling interest of the licensed entity.

    81(2) Each licensee under Chapter 516, F.S., that proposes to change any personnel described in Section 97516.03, F.S., 99listed in any initial application or any amendment thereto must file an amendment not later than thirty-days (30) prior to the effective date of the change or within two (2) business days after the date the licensee first received notice of the change on Application for Consumer Finance Company License, Form OFR-516-01. In the event the change in personnel in Section 160516.03, F.S., 162listed in any initial application or any amendment thereto results in the addition of anyone referenced in this subsection, such persons must comply with Section 187516.03, F.S. 189unless such person has previously complied with Section 197516.03, F.S., 199and is currently affiliated with an entity currently licensed under this chapter.

    211(3) Applications for licensure under Chapter 516, F.S., required as a result of an acquisition of a controlling interest in a licensee pursuant to Section 236516.05(5), F.S., 238must be filed in a timely manner as to allow the Office to complete its review of the application prior to the effective date of the acquisition, but not later than thirty (30) days prior to the date of such acquisition. Such applications must be filed in accordance with Section 288516.03, F.S.

    290(4) The office shall waive the requirement for a licensee to file a new application pursuant to Section 308516.05(5), F.S., 310when:

    311(a) A person or group of persons proposing to purchase or acquire a controlling interest in a Chapter 516, F.S., licensee has previously filed with the Office the information required in Section 343516.03, F.S., 345with the licensee to the office, provided that such person is currently affiliated with the licensee; or

    362(b) The acquirer is currently licensed with the office under Chapter 516, F.S.

    375(5) If the requirement to file a new application for a change in controlling interest is waived pursuant to subsection (4) of this rule, the licensee must file an amendment as prescribed in subsection (2) of this rule, to report the change in controlling interest.

    420(6) Form OFR-516-01 is incorporated by reference in Rule 69V-160.039, F.A.C.

    431Rulemaking Authority 433516.05(4), 434516.05(5), 435516.23(3) FS. 437Law Implemented 439516.01. 440516.02(1), 441516.05(4), 442516.05(5) FS. 444History–New 12-20-07, Amended 8-3-23.