Section 11-512 - Change of place of business; change in control. - Maryland Statutes

§ 11-512. Change of place of business; change in control.
 

(a)  Notice and approval.-  

(1) A licensee may not change the place of business for which a license is issued unless the licensee: 

(i) Notifies the Commissioner in writing of the proposed change; and 

(ii) Receives the written approval of the Commissioner. 

(2) Within 60 days after receiving a request for approval of a proposed change in the place of business for a licensee, the Commissioner shall approve or deny the request. 

(3) If the Commissioner does not approve or deny a request for approval of a proposed change in the place of business for a licensee as provided under paragraph (2) of this subsection, the request shall be deemed approved. 

(b)  Change in control.-  

(1) A licensee may not undergo a change in control unless the licensee: 

(i) Notifies the Commissioner in writing of the proposed change; 

(ii) Makes a written request that the Commissioner approve the proposed change; 

(iii) Provides any information the Commissioner may require under paragraph (3) of this subsection; and 

(iv) Receives the written approval of the Commissioner. 

(2) For purposes of this subsection: 

(i) If the licensee is a corporation, "control" means direct or indirect ownership of, or the right to control, 25% or more of the voting shares of the licensee, or the ability to elect a majority of the directors or otherwise effect a change in policy; and 

(ii) If the licensee is an entity other than a corporation, "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of the licensee, whether through the ownership of voting securities, by contract, or otherwise. 

(3) Within 60 days after receiving a request for approval of a proposed change in control, the Commissioner may require the licensee to provide any information deemed necessary to determine whether a new application is required because of the proposed change in control. 

(4) The Commissioner shall approve or deny a request for approval of a proposed change in control: 

(i) Within 60 days after the date the Commissioner receives the request; or 

(ii) If the Commissioner requests information from the licensee under paragraph (3) of this subsection, within 60 days after the date the information is received by the Commissioner. 

(5) If the Commissioner does not approve or deny a request for approval of a proposed change in control as provided under paragraph (4) of this subsection, the request shall be deemed approved. 

(c)  Sanction.- In addition to any sanctions which may be imposed under this subtitle by the Commissioner, a licensee who fails to timely provide the notice required under subsection (a) (1) or (b) (1) of this section shall: 

(1) For each such failure pay to the Commissioner a surcharge in the amount of $500; and 

(2) File with the Commissioner an application for a new license, together with all applicable application and investigation fees. 
 

[1989, ch. 476, § 3; 1997, ch. 588; 2000, ch. 691.]