Sec. 6. License application.

602 words·~3 min read·/il/chapter-815/act-390/6

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)An application for a license shall be made in writing to the Comptroller on forms prescribed by him or her, signed by the applicant under oath verified by a notary public, and accompanied by a non-returnable $125 application fee, $100 of which shall be deposited into the Comptroller's Administrative Fund. The Comptroller may prescribe abbreviated application forms for persons holding a license under the Cemetery Care Act. Applications (except abbreviated applications) must include at least the following information:

(1)The full name and address, both residence and business, of the applicant if the

applicant is an individual; of every member if applicant is a partnership; of every member of the Board of Directors if applicant is an association; and of every officer, director and shareholder holding more than 10% of the corporate stock if applicant is a corporation;

(2)A detailed statement of applicant's assets and liabilities;

(2.1) The name and address of the applicant's principal place of business at which the

books, accounts, and records are available for examination by the Comptroller as required by this Act;

(2.2) The name and address of the applicant's branch locations at which pre-need sales

will be conducted and which will operate under the same license number as the applicant's principal place of business;

(3)For each individual listed under

(1)above, a detailed statement of the individual's

business experience for the 10 years immediately preceding the application; any present or prior connection between the individual and any other person engaged in pre-need sales; any felony or misdemeanor convictions for which fraud was an essential element; any charges or complaints lodged against the individual for which fraud was an essential element and which resulted in civil or criminal litigation; any failure of the individual to satisfy an enforceable judgment entered against him or her based upon fraud; and any other information requested by the Comptroller relating to the past business practices of the individual.

Since the information required by this paragraph may be confidential or contain proprietary information, this information shall not be available to other licensees or the general public and shall be used only for the lawful purposes of the Comptroller in enforcing this Act;

(4)The name of the trustee and, if applicable, the names of the advisors to the

trustee, including a copy of the proposed trust agreement under which the trust funds are to be held as required by this Act;

(5)Where applicable, the name of the corporate surety company providing the performance

bond for the construction of undeveloped spaces and a copy of the bond; and

(6)Such other information as the Comptroller may reasonably require in order to

determine the qualification of the applicant to be licensed under this Act.

(b)Applications for license shall be accompanied by a fidelity bond executed by the applicant and a security company authorized to do business in this State in such amount, not exceeding $10,000, as the Comptroller may require. The Comptroller may require additional bond from time to time in amounts equal to one-tenth of such trust funds but not to exceed $100,000, which bond shall run to the Comptroller for the use and benefit of the beneficiaries of such trust funds. Such licensee may by written permit of the Comptroller be authorized to operate without additional bond, except such fidelity bond as may be required by the Comptroller for the protection of the licensee against loss by default by any of its employees engaged in the handling of trust funds.

(c)Any application not acted upon within 90 days may be deemed denied.