Michigan Laws 487.1024 – Proposed change of control of licensee; request for approval; additional information; approval by commissioner; determination
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 487.1024
- Control: means any of the following:
(i) Ownership of, or the power to vote, directly or indirectly, at least 25% of a class of voting securities or voting interests of a licensee or person in control of a licensee. See Michigan Laws 487.1002Control person: means a director, manager, or executive officer of a licensee or applicant or an individual who has the authority to participate in the direction, directly or indirectly through 1 or more other individuals, of the management or policies of a licensee or applicant. See Michigan Laws 487.1002 Licensee: means a person that is licensed or required to be licensed under this act. See Michigan Laws 487.1002 Person: means an individual, partnership, association, corporation, limited liability company, trust, estate, joint venture, government, governmental subdivision, agency or instrumentality, public corporation, or any other legal entity. See Michigan Laws 487.1003
(1) If there is a proposed change of control of a licensee, the licensee shall do all of the following:
(a) Give the commissioner written notice of a proposed change of control 30 days or more before the proposed change of control.
(b) Request approval of the proposed change of control.
(c) Pay a nonrefundable fee with the notice, in an amount prescribed by the commissioner.
(2) After review of a request for approval under subsection (1), the commissioner may require the licensee to provide additional information concerning each proposed control person of the licensee. However, the commissioner shall only require that the licensee provide additional information of the same type required of the licensee or any control person of the licensee as part of the licensee’s original license or renewal application.
(3) The commissioner shall approve a request for change of control under subsection (1) if, after investigation, the commissioner determines that the person or group of persons requesting approval has the experience, character, and general fitness to operate the licensee in a lawful and proper manner.
(4) Subsection (1) does not apply to a public offering of securities.