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DEPOSITORY
INSTITUTIONS
Banks
The Division of Financial Institutions
regulates state-chartered banks in Ohio pursuant to Chapters
1101. to 1133. of the Ohio Revised Code.
Five or more natural persons (or a
corporation under limited circumstances) wishing to
incorporate and obtain a charter for a bank in Ohio must
submit an application, a detailed business plan, fingerprint
cards, and an application fee. The Division must find that the
proposed bank will serve the convenience and needs of the
public, that the area will adequately support the proposed
bank, that the competence, experience, and integrity of the
proposed officers and directors are sufficient, and that
capital is adequate. Banks are required to be insured by the
Federal Deposit Insurance Corporation (FDIC).
Banks pay an annual assessment fee. New
branch locations, change of control, and many other business
activities must be pre-approved by the Division and the
appropriate federal regulatory agency.
State-chartered banks must comply with a
variety of state and federal statutes and regulations
governing their operations and operations of subsidiaries.
These range from specific limitations on affiliate
transactions and loans to one borrower to ongoing capital
requirements and director/officer responsibilities.
Both state and federal regulatory agencies
conduct periodic safety and soundness examinations, reviewing
policies, controls, and activities of state-chartered
commercial banks. Bank examination information is privileged
and confidential and may not be disclosed unless the Division
takes administrative action or the matter involves a criminal
investigation.
Additionally, no person may conduct business
in this state using the word "bank," "banker," or "banking" in
its name without the permission of the Division or conduct
business in this state as a bank without being properly
chartered.
Credit Unions
The Division of Financial Institutions
regulates state-chartered credit unions in Ohio pursuant to
Chapter 1733. of the Ohio Revised Code.
Seven or more natural persons, a majority of
whom must be Ohio citizens, wishing to incorporate and obtain
a charter for a credit union in Ohio must submit executed
articles of incorporation, code of regulations, statutory
agent, and fee for the Secretary of State. Within thirty days,
the Division will review the charter application and file the
articles if the documents contain all of the provisions
required by statute. Credit unions are required to be insured
by either the National Credit Union Association or a credit
union guaranty corporation.
Credit unions pay a supervisory fee based on
asset size. New branch locations, change of control, and many
other business activities must be pre-approved by the
Division.
State-chartered credit unions are subject to
a variety of state statutes and regulations governing their
operations and operations of subsidiaries. These range from
specific limitations on investments and loan policies to
ongoing capital requirements and director/officer
responsibilities.
Credit unions are subject to periodic safety
and soundness examinations, which include reviews of policies,
controls, and activities. Credit union examination information
is privileged and confidential and may not be disclosed unless
the Division takes administrative action or the matter
involves a criminal investigation.
Additionally, no person may conduct business
in this state using the words "credit union" in its name
without the permission of the Division or conduct business in
this state as a credit union without being properly
chartered.
Savings and Loan Associations
The Division of Financial Institutions
regulates state-chartered savings and loan associations in
Ohio pursuant to Chapters 1151. to 1157. of the Ohio Revised
Code.
A person wishing to incorporate and obtain a
charter for a savings and loan association in Ohio must submit
an application, including a detailed business plan,
fingerprint cards, and appropriate corporate documents. The
savings and loan association must have minimum capital (from
two to ten million dollars) as determined by the Division. The
Division must review the qualifications, experience and
proposed compensation of proposed officers and directors.
Savings and loan associations are required to be insured by
the Federal Deposit Insurance Corporation (FDIC). It may be
either a stock or mutual corporation.
Savings and loan associations pay an annual
assessment fee. New branch locations, change of control, and
many other business activities must be pre-approved by the
Division and the appropriate federal regulatory
agency.
State-chartered savings and loan associations
must comply with a variety of state and federal statutes and
regulations governing their operations and operations of
subsidiaries. These range from specific limitations on
affiliate transactions and loans to one borrower to ongoing
capital requirements and director/officer
responsibilities.
Both state and federal regulatory agencies
conduct periodic safety and soundness examinations, reviewing
policies, controls, and activities of state-chartered savings
and loans. Examination information is privileged and
confidential and may not be disclosed unless the Division
takes administrative action or the matter involves a criminal
investigation.
Additionally, no person may conduct business
in this state using words which indicate it is or conduct
business in this state as a savings and loan association
without being properly chartered.
Savings Banks
The Division of Financial Institutions
regulates state-chartered savings banks in Ohio pursuant to
Chapters 1161. to 1165. of the Ohio Revised Code.
A person wishing to incorporate and obtain a
charter for a savings bank in Ohio must submit an application,
including a detailed business plan, fingerprint cards, and
appropriate corporate documents. The savings bank must have
minimum capital (from two to ten million dollars) as
determined by the Division. The Division must review the
qualifications, experience and proposed compensation of
proposed officers and directors. Savings banks are required to
be insured by the Federal Deposit Insurance Corporation
(FDIC).
Savings banks pay an annual assessment fee.
New branch locations, change of control, and many other
business activities must be pre-approved by the Division and
the appropriate federal regulatory agency.
State-chartered savings banks must comply
with a variety of state and federal statutes and regulations
governing their operations and operations of subsidiaries and
affiliates. These range from specific limitations on affiliate
transactions and loans to one borrower to ongoing capital
requirements and director/officer responsibilities.
Both state and federal regulatory agencies
conduct periodic safety and soundness examinations, reviewing
policies, controls, and activities of state-chartered savings
banks. Examination information is privileged and confidential
and may not be disclosed unless the Division takes
administrative action or the matter involves a criminal
investigation.
Additionally, no person may conduct business
in this state using words which indicate it is or conduct
business in this state as a savings bank without being
properly chartered.
Transmitters of Money
Pursuant to Sections 1315.01 to 1315.11
and 1315.99 of the Ohio Revised Code, the Division of
Financial Institutions regulates and licenses entities that
transmit Ohio instruments or engage in the business of
receiving money for transmission.
Money transmitters may be licensed as
domestic money transmitters (which only transmit money within
the United States) or as foreign money transmitters (which
transmit money to foreign countries). Persons wishing to
become licensed must submit an application, fingerprint cards,
proof of a surety bond or security deposit, and fee. The
Division must determine that the person is financially sound,
has appropriate net worth, maintains appropriate investments
in an amount equal at all times to the aggregate of all
outstanding checks, and will conduct the business fairly,
honestly, and efficiently. Licenses are renewed annually by
filing a renewal application, providing audited financial
statements, and a renewal fee.
No person is permitted to transmit money unless licensed or
specifically exempt (e.g. chartered financial institutions).
Examples of activities requiring licensing include issuing
money orders or traveler’s checks, and collection of payments
to be forwarded to lenders or vendors (e.g. utility payments
or bimonthly mortgage payments). The Division can investigate
alleged violations and may examine licensees.
List Of
Money Transmitters
CONSUMER FINANCE
Check Cashers
The Division of Financial Institutions
regulates check cashers in Ohio pursuant to Sections 1315.21
to 1315.30 and 1315.99 of the Ohio Revised Code.
A person wishing to become a check casher
must submit an application, a fingerprint card, a license fee,
and a nonrefundable investigation fee. The division must
investigate the financial condition, responsibility, character
and general fitness of the applicant, including requesting a
criminal background check. The applicant must have a net worth
of at least twenty-five thousand dollars.
Licenses must be renewed annually by filing
a renewal application and annual licensing fee. Each
check cashing office location must be individually licensed. If an office
is to be relocated, the licensee must obtain a new license
from the Division prior to conducting business at the new
location.
Licensees must comply with specific
recordkeeping, advertising and business practices as outlined
by statute or rule. For example, all check cashing business
locations must be licensed, the check cashing licenses must be
conspicuously displayed, fee schedules must be displayed, fees
for cashing government checks cannot exceed specified amounts,
customers must receive receipts with the amounts of the checks
and the fees noted, and certain records must be maintained for
two years.
The Division can investigate licensees,
including issuing subpoenas to ensure compliance with the law.
The Division may revoke or suspend a license, or fine a
licensee, subject to the Administrative Procedures Act. The
State is the sole regulator of check cashing
businesses.
Check Casher Lenders
The Division regulates check-casher lenders
pursuant to Sections 1315.35 to 1315.44 and 1315.99 of the
Ohio Revised Code.
A person wishing to become a check casher
lender must already be licensed as a check casher and must
submit an application, a fingerprint card, a license fee and a
nonrefundable investigation fee. The Division must investigate
the financial condition, responsibility, character and general
fitness of the applicant, including a criminal background
check. The applicant must have a net worth of at least one
hundred thousand dollars.
Licenses may be renewed annually by filing a
renewal application and paying an annual licensing fee. Each
check cashing loan business must be individually licensed. If
an office is to be relocated, the licensee must obtain a new
license from the Division prior to conducting business at the
new location.
Licensees must comply with specific
recordkeeping, advertising and business practices as outlined
by statute or rule. For example, all check cashing loan
business locations must be licensed, the check cashing loan
license must be conspicuously displayed, the loan origination
fees and interest charges may not exceed specified amounts,
customers must receive written loan agreements, loans may not
be renewed, no person may have more than one outstanding loan
with a particular check cashing loan business at any one time
and certain records must be maintained for two years.
The Division can investigate licensees,
including issuing subpoenas, to ensure compliance with the
law. The Division may revoke or suspend a license subject to
the Administrative Procedures Act.
Small Loan Companies
The Division of Financial Institutions
regulates small loan companies in Ohio pursuant to Sections
1321.01 to 1321.20 and 1321.99 of the Ohio Revised Code.
A person wishing to become a small loan
company must submit an application, a fingerprint card, a
license fee and a nonrefundable investigation fee. The
Division must investigate the financial condition,
responsibility, experience, reputation and general fitness of
the applicant, including requesting a criminal background
check. The applicant must have at least twenty-five thousand
dollars in cash or readily available money available for the
operation of the business.
Licenses may be renewed annually by filing a
renewal application, a licensing fee and, if the Division
determines it is necessary, an annual assessment based on the
amount of interest and other finance charges collected by the
licensee. Each small loan company location must be
individually licensed. If an office is to be relocated, the
licensee must obtain a new license from the Division prior to
conducting business at the new location.
Licensees must comply with specific
recordkeeping, advertising and business practices as outlined
by statute or rule. For example, all small loan company
offices must be licensed, the small loan licenses must be
conspicuously displayed, the interest rates and fees that may
be charged on small loans are limited, no loans may be made in
amounts of more than five thousand dollars, no loans may be
secured by liens against real property, and certain records
must be maintained for two years.
The Division can investigate licensees and
anyone who appears to be making small loans without a license,
and has the power to issue subpoenas as part of the
investigative process. The Division may also issue cease and
desist orders, or revoke or suspend a license, subject to the
Administrative Procedures Act.
Mortgage Loan Companies
The Division of Financial Institutions
regulates second mortgage lenders and non-depository lenders
who make other types of loans in amounts of more than five
thousand dollars in Ohio under Sections 1321.20, 1321.51 to
1321.60 and 1321.99 of the Ohio Revised Code.
A person wishing to register under the Ohio Mortgage Loan Act
must submit an application, a fingerprint card, a registration
fee and a nonrefundable investigation fee. The Division
must investigate the financial condition, responsibility, experience character
and general fitness of the applicant, including
requesting a criminal background check. The applicant
must have assets of at least fifty thousand dollars per
branch office readily available for use in the business and
a net worth of fifty thousand dollars.
Certificates of registration may be renewed
annually by filing a renewal application, paying an annual
registration fee and, if the Division determines it is
necessary, paying an annual assessment based on the amount of
interest and other finance charges collected by the
registrant. If an office is to be relocated, the registrant
must obtain a new certificate of registration from the
Division prior to conducting business at the new
location.
Registrants must comply with specific
recordkeeping, advertising and business practices as outlined
by statute or rule. For example, all loan office locations
must be registered, certificates of registration must be
conspicuously posted, the interest rates and fees that may be
charged on loans are limited and certain records must be
maintained for two years.
The Division can investigate registrants and
anyone who appears to be operating without a certificate of
registration, and has the power to issue subpoenas as part of
the investigative process. The Division may also issue cease
and desist orders, impose monetary fines, or revoke or suspend
a certificate of registration, subject to the Administrative
Procedures Act.
Mortgage Brokers
The Division of Financial Institutions
regulates mortgage brokers pursuant to Chapter 1322 of the
Ohio Revised Code.
A person wishing to become a mortgage broker
must submit an application, a fingerprint card, a registration
fee, a zoning permit if applicable, a photograph of the
proposed office location, evidence of at least three years
experience in the mortgage lending field, a registration fee,
a surety bond in the amount of fifty thousand dollars
and a statement attesting that the person has not been
convicted of or pleaded guilty to a criminal offense which is
a felony or to any criminal offense involving fraud. The
Division must investigate the financial condition, experience,
character and general fitness of the applicant, including
requesting a criminal background check.
Certificates of registration may be renewed
annually by filing a renewal application and paying an annual
registration fee. Each mortgage broker office must be
individually registered. If an office is relocated, the
registrant must obtain a new certificate of registration prior
to conducting business at the new location.
- Loan Officer Licensing
Each
individual loan officer who works for a registered mortgage
broker must submit a loan officer application, a fingerprint
card, a verification of employment form, and a nonrefundable
license fee. The Division must request a criminal background
check on the individual.
Loan officer
licenses may be renewed annually by filing a renewal
application, and providing proof that the loan officer has
met continuing education requirements, and paying an annual
license fee.
- Compliance
Registrants must comply with specific recordkeeping,
advertising and business practices as outlined by statute or
rule. For example, all mortgage broker offices must be
registered, fees which may be collected prior to loan
closing are limited, all fees received from consumers by the
broker for payment to third parties must be processed
through the registrant’s special account, advertisements
must disclose the registrant’s name, address and
registration number, and certain records must be maintained
for four years.
The
Division can investigate registrants, including issuing
subpoenas, to ensure compliance with the law. The Division
may revoke or suspend a certificate of registration, or
impose a fine against a registrant, subject to the
Administrative Procedures Act.
Pawnbrokers
The Division of Financial Institutions
regulates pawnbrokers in Ohio pursuant to Chapter 4727 of the
Ohio Revised Code
A person wishing to become a pawnbroker must
submit an application, a fingerprint card, a license fee and a
nonrefundable investigation fee. The Division must investigate
the financial condition, responsibility, character and general
fitness of the applicant, including requesting a criminal
background check. The applicant must have liquid assets of at
least one hundred thousand dollars in order to receive a
license.
Licenses must be renewed
annually by filing a renewal application, providing proof that continuing education requirements
have been met, and paying an annual license fee. Each
office operated by a pawnbroker must be individually licensed.
If an office is to be relocated, the licensee must obtain a
new license from the Division prior to conducting business at
the new location.
Licensees must comply with specific
recordkeeping, advertising and business practices as outlined
by statute or rule. For example, all pawnbroker offices must
be licensed, the pawnbroker license must be conspicuously
displayed, interest rates and charges cannot exceed specified
amounts, descriptions of all pawned or purchased items must be
provided to local law enforcement authorities on a daily
basis, and certain records must be maintained for two
years.
The Division can investigate licensees, and
anyone who appears to be operating without a license,
including issuing subpoenas, to ensure compliance with the
law. The Division may also revoke or suspend a license, or
fine a licensee, subject to the Administrative Procedures Act.
The State is the sole regulator of pawnbrokers.
Precious Metals Dealers
The Division of Financial Institutions
regulates precious metals dealers pursuant to Chapter 4728 of
the Ohio Revised Code.
A person wishing to become a precious metals
dealer must submit an application, a fingerprint card, a
license fee, and a nonrefundable investigation fee. The
division must investigate the financial condition,
responsibility, character and general fitness of the
applicant, including requesting a criminal background check.
The applicant must either have a net worth of at least ten
thousand dollars or obtain a surety bond in the amount of ten
thousand dollars.
Licenses must be renewed annually by filing a
renewal application and annual licensing fee. Each precious
metals dealer location must be individually licensed. If an
office is to be relocated, the licensee must obtain a new
license from the Division prior to conducting business at the
new location.
Licensees must comply with specific
recordkeeping, advertising, and business practices as outlined
by statute or rule. For example, all precious metals dealer
offices must be licensed, the precious metals dealer license
must be conspicuously displayed, copies of purchase tickets
must be provided to local law enforcement authorities on a
daily basis, and certain records must be maintained for two
years.
The Division can investigate licensees, and
anyone who appears to be operating without a license,
including issuing subpoenas, to ensure compliance with the
law. The Division may also revoke or suspend a license subject
to the Administrative Procedures Act.
Credit Services Organizations
The Division of Financial Institutions, along
with the Ohio Attorney General’s Office, regulates credit
services organizations pursuant to Chapter 4712 of the Ohio
Revised Code.
A person wishing to become a credit services
organization must submit an application, a fingerprint card, a
license fee, a copy of the contract to be used with customers,
a surety bond in the amount of fifty thousand dollars, and a
registration fee. The Division must review the application to
ensure that the contract is acceptable, that the person does
not have a criminal record and that the bond is in the proper
form and amount.
Certificates of registration may be renewed
annually by filing a renewal application and an annual
registration renewal fee. If an office is to be relocated, the
registrant must obtain a new certificate of registration from
the Division prior to conducting business at the new
location.
Registrants must comply with specific
recordkeeping, advertising, and business practices as outlined
by statute or rule. For example, all credit services
organization locations must be registered, the credit services
organization must provide written agreements with specific
contractual language to all consumers, fees may not be
collected until all the services contracted for by the
consumer are performed, and certain records must be maintained
for two years.
The Division and the Attorney General can
investigate registrants and anyone who appears to be operating
without a certificate of registration, including issuing
subpoenas, to ensure compliance with the law. The Division may
revoke, suspend or refuse to renew a certificate of
registration subject to the Administrative Procedures Act. The
Division or the Attorney General may bring a legal action to
enjoin a violation of Chapter 4712 of the Ohio Revised Code
and the Division may initiate criminal proceedings for
violation of Chapter 4712 by bringing evidence of the
violation to a county prosecutor in Ohio or to the Ohio
Attorney General.
Insurance Premium Finance Companies
The Division of Financial Institutions
regulates insurance premium finance companies in Ohio pursuant
to Sections 1321.20, 1321.71 to 1321.83 and 1321.99 of the
Ohio Revised Code.
A person wishing to become an insurance
premium finance company must submit an application, a
fingerprint card, a license fee and an investigation fee. The
Division must investigate the financial condition,
responsibility, competence, reputation and experience of the
applicant, including requesting a criminal background check.
The applicant must have a net worth of at least fifty thousand
dollars.
Licenses must be renewed annually by filing a
renewal application and paying an annual license fee. Each
insurance premium finance company location must be
individually licensed. If an office is to be relocated, the
licensee must obtain a new license from the Division prior to
conducting business at the new location.
Licensees must comply with specific
recordkeeping, advertising and business practices as outlined
by statute or rule. For example, all insurance premium finance
company locations must be licensed, the insurance premium
finance company must provide written contracts containing
specific disclosures to all customers, the interest rates and
fees that may be charged on loan contracts are limited,
procedures for the return of unearned premiums to insurance
premium finance companies and consumers are established, and
certain records must be maintained for two years.
The Division can investigate licensees,
including issuing subpoenas, to ensure compliance with the
law. The Division may revoke or suspend a license subject to
the Administrative Procedures Act.
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