Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 2 - FINANCIAL INSTITUTIONS AND SECURITIES (§§ 23-30-101 — 23-55-1007) › Chapter 39 - MORTGAGE LOAN COMPANIES AND LOAN BROKERS (§§ 23-39-101 — 23-39-518) › Subchapter 5 - FAIR MORTGAGE LENDING ACT (§§ 23-39-501 — 23-39-518) › Section 23-39-506 - License renewal - Termination

(a)
A licensed mortgage broker, mortgage banker, and mortgage servicer wishing to renew a license shall:
(1)
File a renewal application with the Securities Commissioner in the form prescribed by the commissioner between November 1 and December 31 of the calendar year;
(2)
Present proof to the commissioner that the surety bond required in §
23-39-505(f)(1)
is still in effect; and
(3)
Pay the commissioner an annual renewal fee of three hundred fifty dollars ($350) for the licensee's principal place of business and one hundred dollars ($100) for each of the licensee's branch offices.
(b)
The failure of a mortgage broker, mortgage banker, or mortgage servicer to timely file a renewal application shall subject the licensee to a late fee of one hundred dollars ($100).
(c)
(1)
Each licensed loan officer wishing to renew a license shall:
(A)
File an application with the commissioner in the form prescribed by the commissioner between November 1 and December 31 of the calendar year;
(B)
Comply with the continuing education requirements as required by rules promulgated by the commissioner; and
(C)
Pay an annual renewal fee of fifty dollars ($50.00).
(2)
If an initial loan officer license is issued between November 1 through December 31 of the calendar year, the loan officer is not required to file a renewal application until the subsequent renewal period.
(3)
A license of a loan officer may change from approved-inactive to approved if, before the license of the loan officer terminates, a licensed mortgage broker or mortgage banker:
(A)
Files an application for sponsorship of the license of the loan officer;
(B)
Pays a fee of fifty dollars ($50.00); and
(C)
Provides notice to the commissioner that the licensed mortgage broker or mortgage banker is sponsoring the loan officer.
(d)
The failure of a loan officer to timely file a renewal application shall subject the loan officer to a late fee of fifty dollars ($50.00).
(e)
(1)
(A)
A late fee assessed under subsection (b) or subsection (d) of this section shall be in addition to the renewal application fee under subsection (a) or subsection (c) of this section.
(B)
All or part of the late fee may be waived by the commissioner for good cause.
(2)
(A)
The commissioner may consider an application and a license to be abandoned and surrendered and may require the licensee to comply with the requirements for the initial issuance of a license under this subchapter in order to continue in business if the licensee:
(i)
Fails to file a renewal application within fifteen (15) days after the date the renewal application is due;
(ii)
Unreasonably fails to remedy any deficiency in an application within thirty (30) days following the sending of written notice to the licensee; or
(iii)
Unreasonably fails to deliver additional information or documents to the commissioner within thirty (30) days following the sending of written notice to the licensee.
(B)
For purposes of this subdivision (e)(2), notice shall be complete upon:
(i)
Deposit in the United States mail, postage prepaid, to the address of the licensee listed in the application; or
(ii)
Delivery through an automated licensing system approved by the commissioner.
(3)
The commissioner shall not reissue a license for which a late fee has accrued as a result of a person's failure to timely file a renewal application unless the late fee has been paid or waived by the commissioner for good cause.
(f)
(1)
A mortgage banker or a mortgage servicer shall submit audited financial statements to the commissioner within ninety (90) days after the end of the mortgage banker's or mortgage servicer's fiscal year.
(2)
The audited financial statements submitted to the commissioner under subdivision (f)(1) of this section shall:
(A)
Reflect that the mortgage banker or mortgage servicer has a net worth of at least twenty-five thousand dollars ($25,000); and
(B)
Comply with the requirements of §
23-39-505(g)(1)
-(3).
(3)
(A)
Failure to timely submit audited financial statements to the commissioner shall result in a late fee of two hundred fifty dollars ($250).
(B)
All or part of the late fee may be waived by the commissioner for good cause.
Amended by Act 2023, No. 325,§ 4, eff. 8/1/2023.
Amended by Act 2021, No. 531,§ 8, eff. 7/28/2021.
Amended by Act 2019, No. 200,§ 18, eff. 7/24/2019.
Acts 2003, No. 554, § 1; 2005, No. 1679, § 1; 2007, No. 748, § 5; 2009, No. 731, § 18; 2011, No. 894, §§ 9 - 10.