C.R.S. Section 5-19-206
Application for registration

  • required information

An application for registration shall be signed under penalty of false statement and include:

(1)

The applicant’s name, principal business address and telephone number, and all other business addresses in this state, electronic-mail addresses, and internet website addresses;

(2)

All names under which the applicant conducts business;

(3)

The address of each location in this state at which the applicant will provide debt-management services or a statement that the applicant will have no such location;

(4)

The name and home address of each officer and director of the applicant and each person that owns at least ten percent of the applicant;

(5)

Identification of every jurisdiction in which, during the five years immediately preceding the application:

(A)

The applicant or any of its officers or directors has been licensed or registered to provide debt-management services; or

(B)

Individuals have resided when they received debt-management services from the applicant;

(6)

A statement describing, to the extent it is known or should be known by the applicant, any material civil or criminal judgment or litigation and any material administrative or enforcement action by a governmental agency in any jurisdiction against the applicant, any of its officers, directors, owners, or agents, or any person who is authorized to initiate transactions to the trust account required by section 5-19-222;

(7)

The applicant’s financial statements, audited by an accountant licensed to conduct audits, for each of the two years immediately preceding the application or, if it has not been in operation for the two years preceding the application, for the period of its existence;

(8)

A description of the three most commonly used educational programs that the applicant provides or intends to provide to individuals who reside in this state and a copy of any materials used or to be used in those programs;

(9)

A description of the applicant’s financial analysis and initial plan, including any form or electronic model, used to evaluate the financial condition of individuals. The description shall be deemed to be confidential commercial data under section 24-72-204 (3)(a)(IV).

(10)

A copy of each form of agreement that the applicant will use with individuals who reside in this state;

(11)

The schedule of fees and charges that the applicant will use with individuals who reside in this state;

(12)

At the applicant’s expense, the results of a state and national fingerprint-based criminal history record check, conducted within the immediately preceding twelve months, covering every officer of the applicant and every employee of the applicant who is authorized to initiate transactions to the trust account required by section 5-19-222. The administrator shall be the authorized agency to receive information regarding the result of the national criminal history record check. If a provider delegates to an independent contractor or subcontractor the authority to initiate transactions to the trust account required by section 5-19-222, the administrator is entitled to receive the results of the state and national fingerprint-based criminal history record check only for those independent contractors or subcontractors who are authorized to initiate trust account transactions pursuant to that delegated authority.

(13)

The names and addresses of all employers of each director during the five years immediately preceding the application; except that if a director receives no compensation from the provider, the applicable period shall be two years. The names and addresses shall be deemed to be confidential.

(14)

A description of any ownership interest of at least ten percent by a director, owner, or employee of the applicant in:

(A)

Any affiliate of the applicant; or

(B)

Any entity that provides products or services to the applicant or any individual relating to the applicant’s debt-management services;

(15)

For not-for-profit providers, a statement of the amount of compensation of the applicant’s five most highly compensated employees for each of the three years immediately preceding the application or, if it has not been in operation for the three years immediately preceding the application, for the period of its existence;

(16)

The identity of each director who is an affiliate, as defined in section 5-19-202 (2)(A) or (2)(B)(i), (2)(B)(ii), (2)(B)(iv), (2)(B)(v), (2)(B)(vi), or (2)(B)(vii), of the applicant; and

(17)

Any other information that the administrator reasonably requires to perform the administrator’s duties under section 5-19-209.

Source: Section 5-19-206 — Application for registration - required information, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-05.­pdf (accessed Oct. 20, 2023).

5‑19‑101
Short title
5‑19‑102
Legislative declaration
5‑19‑103
Definitions
5‑19‑104
Prohibited acts
5‑19‑105
Written disclosure required
5‑19‑106
Content of written disclosure
5‑19‑107
Written contracts required
5‑19‑108
Waivers and exemptions
5‑19‑109
Criminal penalties and injunctive relief
5‑19‑110
Powers of administrator of the uniform consumer credit code and district attorney - subpoenas - hearings
5‑19‑111
Damages
5‑19‑112
Aiding or assisting violation
5‑19‑113
Remedies cumulative
5‑19‑114
Relation between parts of article
5‑19‑201
Short title
5‑19‑202
Definitions
5‑19‑203
Exempt agreements and persons
5‑19‑204
Registration required
5‑19‑205
Application for registration - form, fee, and accompanying documents - repeal
5‑19‑206
Application for registration - required information
5‑19‑206.5
Name-based judicial record check
5‑19‑206.7
Remote work authorized - definition
5‑19‑207
Application for registration - obligation to update information
5‑19‑208
Application for registration - public information
5‑19‑209
Certificate of registration - issuance or denial
5‑19‑210
Certificate of registration - timing
5‑19‑211
Renewal of registration
5‑19‑212
Registration in another state
5‑19‑213
Bond required
5‑19‑214
Bond required - substitute
5‑19‑215
Good faith requirement
5‑19‑216
Customer service
5‑19‑217
Prerequisites for providing debt-management services
5‑19‑218
Communication by electronic or other means - definitions
5‑19‑219
Form and contents of agreement
5‑19‑220
Cancellation of agreement - waiver
5‑19‑221
Required language
5‑19‑222
Trust account
5‑19‑223
Fees and other charges
5‑19‑224
Voluntary contributions
5‑19‑225
Voidable agreements
5‑19‑226
Termination of agreements
5‑19‑227
Periodic reports - retention of records
5‑19‑228
Prohibited acts and practices
5‑19‑229
Notice of litigation
5‑19‑230
Advertising
5‑19‑231
Liability for the conduct of other persons
5‑19‑232
Powers of administrator - rules
5‑19‑233
Administrative and legal remedies
5‑19‑234
Suspension, revocation, or nonrenewal of registration - definitions
5‑19‑235
Private enforcement
5‑19‑236
Violation of unfair or deceptive practices statute
5‑19‑237
Statute of limitations
5‑19‑238
Uniformity of application and construction
5‑19‑239
Relation to federal “Electronic Signatures in Global and National Commerce Act”
5‑19‑240
Transitional provisions - application to existing transactions
5‑19‑241
Severability
5‑19‑242
Repeal of part
Green check means up to date. Up to date

Current through Fall 2024

§ 5-19-206’s source at colorado​.gov