                                 CODE OF VIRGINIA

QUALIFICATIONS (§ 6.2-2005)

A. Upon the filing and investigation of an application for a license, and
compliance by the applicant with the provisions of §§ 6.2-2002 and 6.2-2003,
the Commission shall issue and deliver to the applicant the license to engage in
business under this chapter at the locations specified in the application if it
finds that:

   1. The financial responsibility, character, reputation, experience, and
   general fitness of the applicant and its members, senior officers, directors,
   trustees, and principals are such as to warrant belief that the business will
   be operated efficiently and fairly, in the public interest, and in accordance
   with law;

   2. The applicant has made acceptable provision for the avoidance of conflicts
   of interest;

   3. The applicant maintains a separate trust account with an FDIC-insured
   depository institution for the handling of customers&#8217; funds;

   4. The applicant&#8217;s credit counselors are certified through a bona fide
   third-party certification provider unaffiliated with the applicant that
   authenticates the competence of counselors providing consumer assistance;

   5. No more than one-third of the board of directors or managing members are
   employees, officers, members, principals, trustees, directors, agents, or
   other representatives of organizations that grant credit to consumers;

   6. The applicant is accredited by the International Standards Organization or
   the Council on Accreditation or any other organization approved by the
   Commission;

   7. The applicant has fidelity bond coverage in such principal amount as may be
   determined by the Commission;

   8. The applicant (i) is not the subject of any current material administrative
   or regulatory proceedings by any governmental authority and (ii) has not
   received a material adverse determination in any past administrative or
   regulatory proceedings by any governmental authority; and

   9. The applicant has filed with the Commission a form, that shall be provided
   to each consumer prior to his execution of a DMP, that contains the following
   disclosures to the consumer: (i) all fees charged by the applicant or
   contributions solicited by the applicant from the consumer; (ii) whether the
   applicant is a for-profit entity or nonprofit entity; and (iii) whether the
   applicant received financial support from creditors during the preceding
   calendar year.

B. If the Commission fails to make such findings, no license shall be issued and
the Commissioner shall notify the applicant of the denial and the reasons for
such denial.

C. A license shall not be issued to a collection agency, or to any creditor or
association of creditors, or to any credit-granting organization or association
of such organizations.

HISTORY: 2004, c. 790, § 6.1-363.7; 2005, c. 315; 2010, c. 794.