7-3-3. Definitions.

As used in this chapter, the term:

“Control” or “controlling” means the direct or indirect possession of power to direct or cause the direction of management and policies of a person.#

“Covered employee” means any employee of a licensee engaged in any function related to making installment loans or servicing installment loans made by others, excluding loans made by affiliated entities.#

“Department” means the Department of Banking and Finance.#

“Disqualifying crime” means any felony, as defined in Code Section 16-1-3, involving conversion, theft, money laundering, bribery, dishonesty, false statements or omissions, perjury, extortion, breach of trust, forgery, counterfeiting, embezzlement, insider trading, tax evasion, kickbacks, identity theft, cyber attacks, social engineering, fraud, including but not limited to check fraud, credit, card fraud, mortgage fraud, medical fraud, corporate fraud, bank account fraud, payment (point of sale) fraud, currency fraud, bank fraud, and securities fraud or a felony directly related to the financial services business.#

“Executive officer” means an individual who performs significant managerial, supervisory, or policy-making functions on behalf of a person, including, but not limited to, the vice presidents, chief executive officer, president, chief financial officer, chief operating officer, secretary, and treasurer.#

“Individual” means a natural person.#

“Installment lender” or “lender” means any person that advertises, solicits, offers, or makes installment loans or services installment loans made by others, excluding loans made by affiliated entities.#

“Installment loan” or “loan” means a contract or agreement to make a loan to an individual in an amount of $3,000.00 or less, including the renewal or refinancing of any such loan.#

“License” means an authorization issued by the department or required to be obtained under this chapter to engage in the business of making installment loans.#

“Licensee” means a person to whom a license under this chapter has been issued.#

“Nationwide Multistate Licensing System and Registry” means a licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the licensing and registration of certain persons engaged in nondepository activities.#

“Owner” means a person that:#

1. (A)

   Owns, directly or indirectly, 10 percent or more interest in a corporation or any other form of business organization;#

2. (B)

   Owns, directly or indirectly, 10 percent or more of the voting shares of any corporation or any other form of business organization; or#

3. (C)

   Exerts control, directly or indirectly, over a corporation or any other form of business organization, regardless of whether such person owns or controls such interest through one or more individuals or one or more proxies, powers of attorney, nominees, corporations, associations, limited liability companies, partnerships, trusts, joint stock companies, other entities or devices, or any combination thereof.#

“Person” means any individual, sole proprietorship, corporation, limited liability company, partnership, trust, or any other group of individuals, however organized.#

“Unique identifier” means a number or other identifier assigned by protocols established by the Nationwide Multistate Licensing System and Registry.#