22. List the names of all entities and/or individuals of Applicant having an ownership interest of more than 10 percent of Applicant. Specify the corresponding
percentage of ownership for each named entity and/or individual. (Submit biographical affidavits and fingerprints on any individual).
Name___________________________________ Title_____________________
SSN/FEIN**________________
% of ownership_______
Name___________________________________ Title_____________________
SSN/FEIN**________________
% of ownership_______
Name___________________________________ Title_____________________
SSN/FEIN**________________
% of ownership_______
Name___________________________________ Title_____________________
SSN/FEIN**________________
% of ownership_______
23. Provide a copy of Applicant’s Articles of Incorporation or Partnership Agreement or any other applicable organizational document.
24.
If Applicant is not incorporated or organized in California, Applicant is required to provide:
(a)
A current certificate of good standing from Applicant’s state of domicile
(b)
A certificate of qualification from the California Secretary of State, or if Applicant is an LLC, a certificate of registration
(c)
Appointment of Agent for Service of Process, indicating the individual person designated as the Agent for Service of Process.
25.
Submit a detailed Plan of Operation that has been verified by an officer of the company who has knowledge of the facts set forth in the Plan. The
Plan of Operation should include the following:
(a)
Description of Applicant’s Marketing Plan, including how life settlements will be solicited and the targeted geographical area.
(b)
Detailed description of the corporate organizational structure of Applicant, including its parent company and all affiliates, along with an
organizational chart showing the ownership percentage of all affiliated companies up to the ultimate controlling person.
(c)
Detailed description of all criminal, civil, regulatory, and administrative action(s) taken against Applicant and/or Applicant’s ultimate controlling
parent by any governmental body (within the last ten (10) years), including all pending investigations of all such actions and all actions
outside of the United States, utilizing the following format:
Date: Show exact date of action
Responsible Government Body: Be specific, do not abbreviate. Include full name and address of agency, including zip code.
Case Number or Other Reference: Include both the agency and court case/reference number
Results of the Investigation or Action: Give a brief summary of results of the investigation or action
Pending approval or disapproval of application, if any investigation or action that was not mentioned in the initial Plan of Operation commences
against the Applicant, the Applicant must notify the Commissioner of such pending investigation or action.
(d)
Independent CPA Audited Financial Statements for the past three years, or until a profit (net income) is shown, whichever period is greater. If
Applicant has not yet completed three years of business, or has not yet shown a profit, then the Department requests Applicant to submit
projected financial information for the relevant period(s). The audited and pro forma (projected) financial statements must include detailed
assumptions, a balance sheet, income statement, and any SEC filings. The audited and pro forma (projected) financial statements must
cover the Applicant’s finances only; consolidated financial statements are unacceptable. All audited financial statements and pro forma
(projected) financial statements and all documents, materials, and communications and other written information submitted or received
pursuant to this subdivision shall be received in confidence within the meaning of Section 6254 of the Government Code and exempt from
disclosure pursuant to the Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government
Code.)
(e)
Detailed description of escrow procedures for life settlements; attach copy of escrow agreement/s.
(f)
Provide detailed description of procedures used by Applicant for protecting insured’s and policy owner’s sensitive medical and financial
information.
(g)
Applicant is required to submit a copy of Applicant’s life settlement contract forms to be used in California.
(h)
The following verification meets the requirements of California Code of Civil Procedure Section 2015.5 for execution of documents:
Title of Document: Plan of Operations
Date: _______________
VERIFICATION
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that I am authorized to
execute the same.
_______________ _________________________
Date Signature
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