North Carolina Administrative Code › Title 14B - Public Safety › Chapter 16 - Private Protective Services Board › Section .0200 - LICENSES: TRAINEE PERMITS › Section 16 .0205 - 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.
				74C-2(a) shall upload on the
				Board's website an application for a company business license on a form
				provided by the Board. Only a sole proprietorship that is owned and operated by
				an individual licensee shall be exempt from this Rule. This application for
				license shall require 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 corporation shall file
				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. The corporation shall also file a
				consent to service of process and pleadings that shall be authenticated by its
				corporate seal and accompanied by a duly certified copy of the resolution of
				the board of directors authorizing the proper officer or officers to execute
				the consent.
(c) After filing a
				completed application with the Board, the Board shall conduct a background
				investigation to determine if the qualifying agent is in a management position.
				A management position means a position which manages established divisions or
				subdivisions of the firm, association or corporation and directs the work of
				one or more supervisors, has the authority to hire, reward, discipline or
				discharge employees, and may also provide suggestions for changes in policy to
				senior executives with policy-making authority. The Board shall also determine
				if the directors or officers have the requisite good moral character as defined
				in G.S.
				74C-8(d)(2). For purposes of
				this Rule, "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 shall be issued. This
				license shall be conspicuously displayed at the principal place of business
				within North Carolina.
(e) The
				company business license shall be issued only to the business entity and shall
				not be construed to extend to the licensing of its officers and
				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 which has been issued the company
				business license shall be responsible for assuring compliance with G.S.
				74C.
(g) Dissolution or
				administrative suspension of corporate status shall result in suspension of the
				company business license by operation of law and may result in disciplinary
				action for unlicensed if it is determined that the suspension was due to
				intentional disregard of the law or inaction.
Authority
				  G.S.
				  74C-2(a);
				  74C-5;
Eff. April 1,
				  1993;
Amended Eff. February 1, 1995;
Transferred and
				  Recodified from
				  12 NCAC
				  07D .0205 Eff. July 1, 2015;
Readopted Eff. March 1, 2020.