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Mortgage Banker, Mortgage Broker, Mortgage Servicer Application For License Form. This is a Arkansas form and can be use in Blue Sky Secretary Of State.
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Tags: Mortgage Banker, Mortgage Broker, Mortgage Servicer Application For License, FMLA 001, Arkansas Secretary Of State, Blue Sky
STATE OF ARKANSAS
SECURITIES DEPARTMENT
HERITAGE WEST BUILDING, SUITE 300
201 EAST MARKHAM STREET
LITTLE ROCK, AR 72201
TELEPHONE: 501.324.9260
FAX: 501.324.9268
Website: www.securities.arkansas.gov
MORTGAGE BANKER/MORTGAGE BROKER/MORTGAGE SERVICER
FMLA FORM 001 APPLICATION FOR LICENSE
NOTE: PLEASE SUBMIT ORIGINAL FORMS ONLY; THE DEPARTMENT WILL NOT ACCEPT FAXED
COPIES. PLEASE RETAIN A COPY FOR YOUR RECORDS. INCOMPLETE APPLICATIONS WILL BE
RETURNED FOR COMPLETION.
App Fee - See 2008 Fee Schedu
Number of Branch Offices
x $_______
=
Total Fee (Non-refundable)
1.
Name of Applicant:
If business is operating in Arkansas under one or more assumed names (DBA), list name(s) below:
(Attach a copy of the “Registered Fictitious Name” Certificate issued by the Arkansas Secretary of State’s Office
for each assumed name listed.)
2.
Principal Office Address: (Must be a physical address.)
Address
City
State
Zip
Website
Telephone Number
Mailing address: (If different from above.)
Fax Number
Address
City
FMLA Form 001
State
Zip
Page 1 of 9
Effective Date: January 1, 2004
Amended: August 1, 2007
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3.
Applicant’s business activities. (Check all that apply.)
Mortgage Broker
Mortgage Banker
Mortgage Servicer
4.
Form of Organization (Sole Proprietorship, Partnership, Corporation, Limited Liability Company, etc.)
(Attach a copy of the articles of incorporation, articles of organization, articles of partnership, or other such
documents of organization filed with the appropriate regulatory authority in the State of organization, as well as
copies of any documents issued by said regulatory authority granting approval of said filing. Additionally,
attached are copies of any documents issued by the Arkansas Secretary of State granting approval to conduct
business in Arkansas as a “foreign entity”, if applicable.)
Federal Employer Identification Number:
Date fiscal year ends:
If publicly traded, give stock symbol:
State of Incorporation/Organization:
Date of Incorporation/Organization:
5.
List the applicant’s affiliates. Complete FMLA Form 002 and attach.
6.
List all persons having an interest in the business as principals, partners, officers, trustees, members, directors or
managers. Complete FMLA Form 003 and attach.
7.
Identify the Applicant’s Managing Principal. The Managing Principal must complete FMLA Form 014 and attach.
Name
Title
Company
Telephone Number
Address
Fax Number
City
FMLA Form 001
State
Zip
E-mail Address
Page 2 of 9
Effective Date: January 1, 2004
Amended: August 1, 2007
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8.
List all states in which the Applicant is licensed to conduct business that includes the name, address, and
telephone number of the regulatory authority for each state listed, as well as the license number for each
state. Complete FMLA Form 005 and attach.
9.
List all branch offices conducting business in the State of Arkansas. Complete FMLA Form 006 and
attach.
10.
List all loan officers conducting business in the State of Arkansas. Complete FMLA Form 007 and attach.
11.
Attach the appropriate Arkansas corporate surety bond (FMLA Form 008) OR a deposit of cash and
securities issued by the federal government, the State of Arkansas, or any political subdivision thereof, in
the appropriate amount accompanied by an executed Arkansas “Assignment and Escrow Agreement” form
(FMLA Form 009). The Applicant MUST use FMLA Form 008 or FMLA Form 009. No other forms
12.
(A). Mortgage Banker and Mortgage Servicer
1.
Attach audited financial statements that reflect a net worth of not less than $25,000.00 prepared by
an independent certified public accountant and accompanied by an unqualified opinion. The
audited financial statements must be as of a date not exceeding fifteen (15) months prior to the
application date.
(B). Mortgage Broker
1.
Attach certified as true and correct by the president or chief financial officer of the mortgage broker
financial statements reflecting that the applicant has a net worth of at least $25,000.00 prepared in
accordance with generally accepted accounting principles as promulgated by the Financial
Accounting Standards Board. The financial statements must be as of a date not exceeding eighteen
(18) months prior to the application date.
2.
Attach a “Certification of Unaudited Financial Statements for Mortgage Brokers Only,” signed and
dated by either the President of the company or the Chief Financial Officer.
13.
Attach an executed Arkansas “Consent to Service of Process” Form. Complete FMLA Form 010 and
attach.
14
Location of records pertaining to mortgage loan transactions involving Arkansas consumers.
_____________________________________________________________________________________
Address
_____________________________________________________________________________________
State
Zip Code
City
FMLA Form 001
Page 3 of 9
Effective Date: January 1, 2004
Amended: November 15, 2007
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15.
Applicant Contact Information
Licensing Contact
Name
Title
Company
Telephone Number
Address
Fax Number
City
State
Zip
E-mail Address
Regulatory/Compliance Contact
Name
Title
Company
Telephone Number
Address
Fax Number
City
State
Zip
E-mail Address
Consumer Complaints Contact
Name
Title
Company
Telephone Number
Address
Fax Number
City
FMLA Form 001
State
Zip
E-mail Address
Page 4 of 9
Effective Date: January 1, 2004
Amended: August 1, 2007
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16.
Please read the following questions carefully. Details to affirmative responses, other than subsection (s), must be
reported on Page 8. Please list date(s), court name, case number, party(ies) and court ruling or judgment amount for
each matter reported.
(a)
Have you ever been convicted of a crime punishable by one or
more years imprisonment?
Yes
No
(b)
To the best of your knowledge, has the Applicant or any of its
partners, directors, managers, executive officers, or controlling
persons ever been convicted of a crime punishable by one or more
years imprisonment?
Yes
No
(c)
To the best of your knowledge, have any loan officers or loan
originators within the Applicant’s organization ever been convicted
of a crime punishable by one or more years imprisonment?
Yes
No
(d)
To the best of your knowledge, are you a subject of any pending
criminal investigation or proceeding?
Yes
No
(e)
To the best of your knowledge, are there any criminal
investigations or proceedings pending against the Applicant or any
of its partners, directors, managers, executive officers, or
controlling persons?
Yes
No
(f)
To the best of your knowledge, are any loan officers or loan
originators within the Applicant’s organization a subject(s) of any
pending criminal investigation or proceeding?
Yes
No
(g)
Have you been a subject of any action, order or proceeding,
pending or concluded, by any state or federal agency regulating
the mortgage banking, mortgage brokering, or mortgage servicing
industries during the past five (5) years?
Yes
No
(h)
Has the Applicant’s organization been a subject of any action,
order or proceeding, pending or concluded, by any state or federal
agency regulating the mortgage banking, mortgage brokering or
mortgage servicing industries during the past five (5) years?
Yes
No
(i)
To the best of your knowledge, have any partners, directors,
managers, executive officers, or controlling persons within the
Applicant’s organization been a subject of any action, order or
proceeding, pending or concluded, by any state or federal agency
regulating the mortgage banking, mortgage brokering or mortgage
servicing industries during the past five (5) years?
Yes
No
FMLA Form 001
Page 5 of 9
Effective Date: January 1, 2004
Amended: August 1, 2007
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16.
(Continued)
(j)
To the best of your knowledge, have any loan officers or loan
originators within the Applicant’s organization been a subject of
any action, order or proceeding, pending or concluded, by any
state or federal agency regulating the mortgage banking, mortgage
brokering, or mortgage servicing industries during the past five (5)
years?
Yes
No
(k)
Have you been a subject of any action, order, or proceeding by
any state or federal agency regulating the banking industry,
securities industry, insurance industry, or any other financial
services industry during the past five (5) years?
Yes
No
(l)
To the best of your knowledge, has the Applicant or any partner,
director, manager, executive officer or controlling person within
the Applicant’s organization been a subject of any action, order, or
proceeding by any state or federal agency regulating the banking
industry, securities industry, insurance industry, or any other
financial services industry within the past five (5) years?
Yes
No
(m)
To the best of your knowledge, has any loan officer or loan
originator within the Applicant’s organization been a subject of
any order, action, or proceeding by any state or federal agency
regulating the banking industry, securities industry, insurance
industry, or any other financial services industry within the past
five (5) years?
Yes
No
(n)
Have there been any civil judgments entered against you arising
from complaints alleging fraud, dishonesty, misrepresentation,
theft, misappropriation, bad faith, deceptive trade practices, or
predatory lending practices during the past five (5) years?
Yes
No
(o)
Have there been any civil judgments entered against the
Applicant’s organization arising from complaints alleging fraud,
dishonesty, misrepresentation, theft, misappropriation, bad faith,
deceptive trade practices, or predatory lending practices during the
past five (5) years?
Yes
No
(p)
Have you been named as a defendant in any pending civil court
proceeding in which a complaint alleges fraud, dishonesty,
misrepresentation, theft, misappropriation, bad faith, deceptive
trade practices, or predatory lending practices?
Yes
No
FMLA Form 001
Page 6 of 9
Effective Date: January 1, 2004
Amended: August 1, 2007
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16.
(Continued)
(q)
Has the Applicant been named as a defendant in any pending civil
court proceeding in which a complaint alleges fraud, dishonesty,
misrepresentation, theft, misappropriation, bad faith, deceptive
trade practices, or predatory lending practices?
Yes
No
(r)
Has the Applicant ever filed for bankruptcy, or been ordered by a
court of law to be placed into the hands of a receiver or
conservator, or been subject of an assignment for the benefit of
creditors, or been otherwise deemed insolvent?
Yes
No
(s)
Section twelve (12) of this application, located on page 3, requests
that audited financial statements be submitted with this application.
To the best of your knowledge, do the audited financial statements
submitted herein accurately reflect the financial condition of the
Applicant’s organization?
Yes
No
FMLA Form 001
Page 7 of 9
Effective Date: January 1, 2004
Amended: August 1, 2007
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Instructions. This page should be used to report details of affirmative responses to questions on pages 5 through 7.
Identify the question number for which additional information is being provided and insert the requested information.
Copy this page as necessary and attach.
Item No.
FMLA Form 001
Answer
Page 8 of 9
Effective Date: January 1, 2004
Amended: August 1, 2007
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STATE OF
COUNTY OF
)
)
)
The Applicant and its employees will comply with the provisions of Ark. Code Ann. § 23-39-501, et seq., (Fair Mortgage
Lending Act). I understand that non-compliance may result in a suspension or revocation of the Applicant’s license. I
further understand that any license issued is non-transferable and that, if the Licensee is sold or its organizational structure
is changed, a new application must be filed.
Pursuant to the Fair Mortgage Lending Act, the Applicant authorizes the Arkansas Securities Commissioner to conduct a
financial and business responsibility background check as may be required to determine the general character and fitness
of the Applicant, or any of its partners, directors, managers, executive officers, and/or controlling persons to engage in
business as a mortgage banker, mortgage broker, or mortgage servicer. Further, the Applicant, its partners, directors, and
executive officers or controlling persons hereby authorize the release of requested information necessary to facilitate the
final determination of the Applicant by the Arkansas Securities Commissioner.
I hereby swear or affirm that I am authorized to make this application and sign this statement on behalf of the
Applicant, and that I have reviewed this application and the accompanying information submitted herein,
including the audited financial statements, and that the information contained therein is true, accurate, correct,
and complete to the best of my knowledge. I understand that the submission of false information to the Arkansas
Securities Commissioner could result in the suspension or revocation of the Applicant’s license. I understand that
it is unlawful pursuant to Section 23-39-516(a) of the Arkansas Fair Mortgage Lending Act for any person to make
or cause to be made, in any document filed with the Arkansas Securities Commissioner, any statement that is, at
the time and in light of the circumstances under which it is made, false or misleading in any material respect.
Further, I understand that making or causing to be made a false or misleading statement as described above, if
made willfully in a document filed with the Arkansas Securities Commissioner, is a Class B felony pursuant to Ark.
Code Ann. Section 23-39-516(b), and carries a penalty of not less than five (5) years nor more than twenty (20)
years imprisonment.
(Signature)
Date
(Print Name)
CEO/President/Managing Principal
Subscribed and sworn to before me this ________ day of ________________, __________.
NOTARY PUBLIC
My Commission Expires:
FMLA Form 001
Page 9 of 9
Effective Date: January 1, 2004
Amended: August 1, 2007
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