C.R.S. Section 5-19-209
Certificate of registration

  • issuance or denial

(a)

Except as otherwise provided in subsections (b) and (c) of this section, the administrator shall issue a certificate of registration as a provider to a person that complies with sections 5-19-205 and 5-19-206.

(b)

The administrator may deny registration if:

(1)

The application contains information that is materially erroneous or incomplete;

(2)

An officer, director, or owner of the applicant has been convicted of a crime, or suffered a civil judgment, involving dishonesty or the violation of state or federal securities laws;

(3)

The applicant or any of its officers, directors, or owners has defaulted in the payment of money collected for others; or

(4)

The administrator, upon reasonable belief, finds that the financial responsibility, experience, character, or general fitness of the applicant or its owners, directors, employees, or agents does not warrant belief that the business will be operated in compliance with this part 2.

(c)

The administrator shall deny registration if:

(1)

The application is not accompanied by the fee established by the administrator; or

(2)

With respect to an applicant that is organized as a not-for-profit entity or has obtained tax-exempt status under the federal “Internal Revenue Code of 1986”, 26 U.S.C. sec. 501, as amended, the applicant’s board of directors is not independent of the applicant’s employees and agents.

(d)

A board of directors is not independent for purposes of subsection (c) of this section if more than one-fourth of its members:

(1)

Are affiliates of the applicant, as defined in section 5-19-202 (2)(A), (2)(B)(i), (2)(B)(ii), (2)(B)(iv), (2)(B)(v), (2)(B)(vi), or (2)(B)(vii); or

(2)

After the date ten years before first becoming a director of the applicant, were employed by or directors of a person that received from the applicant more than twenty-five thousand dollars in either the current year or the preceding year.

(e)

The administrator may temporarily approve a certificate of registration in the event an applicant has made a timely effort to obtain a criminal records check as required in section 5-19-206 (12), but for which a timely return of information has not occurred, for a reasonable period of time but no longer than one hundred twenty days, provided that the applicant has provided all other required information in the application for registration and the administrator finds no reason to believe from the information that has been provided that the applicant may not provide fair and honest services to debtors under this part 2.

Source: Section 5-19-209 — Certificate of registration - issuance or denial, 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

§ 5-19-209’s source at colorado​.gov