69V-85.005. Amendments, Change of Name, Change of Entity and Change in Control or Ownership.  


Effective on Thursday, December 20, 2007
  • 1(1) Each person licensed under Chapter 520, F.S., which 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 40520.999, F.S., 42not later than thirty-days (30) after the effective date of the change on: Application for License under Chapter 520, Florida Statutes, Form OFR-520-01 and Application for Branch Office License, Form OFR-520-02. The forms are available on the Office’s website at www.flofr.com and by mail from the Office of Financial Regulation, 200 East Gaines Street, Tallahassee, Florida 32399-0376. Name changes pursuant to this subsection shall not involve any change in controlling interest of the licensed entity:

    117(2) Each licensee under Chapter 520, F.S., that proposes to change any personnel described in Sections 133520.03, 134520.32, 135520.52, 136and 137520.63, F.S., 139listed 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 License under Chapter 520, Florida Statutes, Form OFR-520-01 and Application for Branch Office License, Form OFR-520-02. In the event the change in personnel in Section 210520.999, F.S., 212listed in any initial application or any amendment thereto results in the addition of anyone referenced in this subsection, such persons must comply with Section 237520.999, F.S. 239unless such person has previously complied with Section 247520.999, F.S., 249with an entity currently licensed under this chapter.

    257(3) Applications for licensure under Chapter 520 required as a result of an acquisition of a controlling interest in a licensee pursuant to subsection 281520.999(2), F.S., 283must 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 Sections 333520.03, 334520.32, 335520.52, 336and 337520.63, F.S.

    339(4) The office shall waive the requirement for a licensee to file a new application pursuant to Subsection 357520.999(2), F.S. 359when:

    360(a) A person or group of persons proposing to purchase or acquire a controlling interest in a Chapter 520 licensee has previously filed the information with the Office required in Sections 391520.03, 392520.32, 393520.52, 394and 395520.63, F.S., 397with a licensee to the office, provided that such person is currently affiliated with the licensee; or

    414(b) The acquirer is currently licensed with the office under Chapter 520, F.S.

    427(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.

    472(6) Forms OFR-520-01 and OFR-520-02 are incorporated by reference in subsections 48369V-85.002(1) 484and 48569V-85.003(1), 486F.A.C., respectively.

    488Specific Authority 490520.999, 491520.994(5) FS. 493Law Implemented 495520.999 FS. 497History–New 49812-20-07499.

Rulemaking Events: