North Carolina Administrative Code › Title 14B - Public Safety › Chapter 17 - ALARM SYSTEMS LICENSING BOARD › Section .0200 - PROVISIONS FOR LICENSEES › Section 17 .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 upload an
				application for a company business license on a form on the website 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 form shall include such information as the firm,
				association, or corporation name; the address of its principal office within
				the State; all past convictions 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 file with its license
				application form 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 that is 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 this consent.
(c) After filing a completed online
				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. For the purposes of this Section, "conviction"
				means and includes the entry of a plea of guilty, no contest, or a verdict
				rendered in open court by a judge or jury.
(d) Upon completion of the background
				investigation, a company business license shall be issued if all requirements
				of this Rule are met. A company business license issued by the Board shall be
				displayed at the principal place of business within North Carolina.
(e) The company business license shall be
				issued only to a corporation and shall not be construed to extend to a
				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. The qualifying agent for the firm,
				association, or corporation that 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
				adjacent to and in the same size print as the deceased licensee's license
				number.
Authority
				  G.S.
				  74D-2(a);
				  74D-5;
Eff. November
				  1, 1993;
Amended Eff. July 1, 2005; March 1, 1995;
Transferred and Recodified from
				  12 NCAC
				  11 .0209 Eff. July 1, 2015;
Readopted Eff. June 1, 2018;
Amended Eff. September 1,
				  2019.