North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 11 - ALARM SYSTEMS LICENSING BOARD › Section 11 .0209 - COMPANY BUSINESS LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any firm,
			 association, or corporation required to be licensed pursuant to
			 G.S.
			 74D-2(a) shall submit an
			 application for a company business license on a form provided by the Board. A
			 sole proprietorship that is owned and operated by an individual holding a
			 current alarm systems business license shall be exempt from this Rule. This
			 application for license shall call for such information as the firm,
			 association, or corporation name; the address of its principal office within
			 the State; any past conviction for criminal offenses of any company director or
			 officer; information concerning the past revocation, suspension or denial of a
			 business or professional license to any director or officer; a list of all
			 directors and officers of the firm, association, or corporation; a list of all
			 persons, firms, associations, corporations or other entities owning 10 percent
			 or more of the outstanding shares of any class of stock; and the name and
			 address of the qualifying agent.
(b) In addition to the items required in
			 Paragraph (a) of this Rule, an out-of-state company shall further qualify by
			 filing with its application for a license, a copy of its certificate of
			 authority to transact business in this state issued by the North Carolina
			 Secretary of State in accordance with
			 G.S.
			 55-15-01 and a consent to service of process
			 and pleadings which shall be authenticated by its company seal and accompanied
			 by a duly certified copy of the resolution of the board of directors
			 authorizing the proper officer or officers to execute said consent.
(c) After filing a completed written
			 application with the Board, the Board shall conduct a background investigation
			 to ascertain if the qualifying agent is in a management position. The Board
			 shall also determine if the directors or officers have the requisite good moral
			 character as defined in
			 G.S.
			 74D-6(3). It shall be prima
			 facie evidence of good moral character if a director or officer has not been
			 convicted by any local, State, federal, or military court of any crime
			 involving the use, carrying, or possession of a firearm; conviction of any
			 crime involving the use, possession, sale, manufacture, distribution, or
			 transportation of a controlled substance, drug, narcotic, or alcoholic
			 beverage; conviction of a crime involving assault or an act of violence;
			 conviction of a crime involving breaking or entering, burglary, larceny, or any
			 offense involving moral turpitude; or does not have a history of addiction to
			 alcohol or a narcotic drug; provided that, for purposes of this Section,
			 "conviction" means and includes the entry of a plea of guilty or no contest or
			 a verdict rendered in open court by a judge or jury.
(d) Upon satisfactory completion of the
			 background investigation, a company business license may be issued. This
			 license shall be conspicuously displayed at the principle place of business
			 within the State of North Carolina.
(e) The company business license shall be
			 issued only to the corporation and shall not be construed to extend to the
			 licensing of its directors, officers, or employees.
(f) The issuance of the company business
			 license is issued to the firm, association, or corporation in addition to the
			 license issued to the qualifying agent. Therefore, the qualifying agent for the
			 firm, association, or corporation which has been issued the company business
			 license shall be responsible for assuring compliance with G.S. 74D.
(g) Within 90 days of the death of a
			 licensee, the existing qualifying agent or a newly designated replacement
			 qualifying agent for the company may submit a written request to the Board,
			 asking that the deceased licensee's license number remain on company
			 advertisements. The Board shall permit the use of the deceased licensee's
			 license number only if the current qualifying agent's license number is printed
			 immediately adjacent to and in the same size print as the deceased licensee's
			 license number.