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The 190th General Court of the Commonwealth of Massachusetts

Section 2: Licenses; application; fees; assignment or transfer; multi-state licensing system

Section 2. No person, other than a bank as defined in section one of chapter one hundred and sixty-seven or a national banking association, federal savings bank, federal savings and loan association or federal credit union, shall engage in the business of a sales finance company without first obtaining from the commissioner a license to carry on said business in each city or town where the business is to be transacted as provided herein. The application for such license shall be in writing and shall contain such information as the commissioner may, from time to time, determine. The commissioner may reject any application for a license or any application for the renewal of a license if he is not satisfied that the financial responsibility, character, reputation, integrity and general fitness of the applicant and of the owners, partners or members thereof, if the applicant be a partnership or association, and of the officers and directors, if the applicant be a corporation, are such as to command the confidence of the public and to warrant the belief that the business for which the application for a license is filed will be operated lawfully, honestly, fairly and efficiently. Such licenses shall expire annually on November first. Each license shall plainly state the name of the licensee and the city or town with the name of the street and number, if any, of the place where the business is to be carried on, and shall be posted in a conspicuous place in the office where the business is transacted. Each application for a license shall be accompanied by an investigation fee. Investigation fees and license fees shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven. If a licensee desires to carry on business in more than one place, he shall procure a license for each place where the business is to be conducted. Such license shall not be transferable or assignable. Any change of location of a place of business of a licensee shall require the prior approval of the commissioner. Such request for relocation shall be in writing setting forth the reason or reasons for the request and shall be accompanied by a relocation investigation fee to be determined annually by the commissioner of administration under the provision of section three B of chapter seven.

The commissioner may participate in a multi-state licensing system for the sharing of regulatory information and for the licensing and application, by electronic or other means, of entities engaged in the business of sales financing. The commissioner may establish requirements for participation by an applicant in a multi-state licensing system which may vary from the provisions of this section. The commissioner may require a background investigation of each applicant for a sales financing license by means of fingerprint and state and national criminal history record checks by the department of criminal justice information services pursuant to section 172 of chapter 6 and the Federal Bureau of Investigation. If the applicant is a partnership, association, corporation or other form of business organization, the commissioner may require a background investigation for each member, director and principal officer of the applicant and any individual acting as a manager of an office location. The applicant shall pay directly to the multi-state licensing system any additional fees relating to participation in the multi-state licensing system.

Any person who sells or agrees to sell goods or services or both or merchandise certificates where the sale is secured by a mortgage on real property located in the commonwealth having thereon a dwelling house with accommodations for 4 or less separate households and occupied or to be occupied, in whole or in part, by the obligor on the mortgage debt shall first obtain from the commissioner a license under chapter 255E.