La. Admin. Code tit. 10 § XV-1901

Current through Register Vol. 50, No. 11, November 20, 2024
Section XV-1901 - Definitions
A. In addition to the definitions provided in Section 1382 of the Virtual Currency Businesses Act, ("VCBA"), R.S. 6:1381 et seq., as enacted by Act 341 of the 2020 Regular Session of the Louisiana Legislature, the following definitions are applicable to this Chapter.

Acting in Concert-persons knowingly acting together with a common goal of jointly acquiring control of a licensee whether or not pursuant to an express agreement.

Commissioner-the commissioner of the office of financial institutions.

Control-includes, but is not limited to the following:

a. any and all circumstances inherent within the scope of section 1382(2) of the VCBA;
b. power to directly or indirectly vote at least 25 percent of outstanding voting shares or voting interests of any:
i. applicant, licensee or registrant; or
ii. applicant's, licensee's or registrant's responsible individual or responsible individuals, including persons acting in concert;
c. power to directly or indirectly elect, appoint or remove any applicant's, licensee's or registrant's responsible individual or a majority of responsible individuals including persons acting in concert;
d. power to directly or indirectly participate in a licensee's or registrant's day-to-day decisions or operations, including persons acting in concert; and
e. any other set of facts or circumstances that may constitute control.

Nationwide Multistate Licensing System and Registry (NMLS)-the multistate system developed by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators and owned and operated by the State Regulatory Registry, LLC, or any successor or affiliated entity, for the licensing and registration of persons in financial services industries.

Net Worth-the difference between total business assets and total business liabilities, after deducting estimated income taxes on the differences between the estimated current values of business assets and the current amounts of business liabilities and their tax bases.

Tangible Net Worth-includes all business assets minus liabilities minus intangible assets (goodwill and other intangible assets, such as favorable leasehold rights, trademarks, trade names, internet domain names, and noncompete agreements.)

Unfair or Deceptive Act or Practice-failure to provide any disclosure or disclosures described in this Chapter is an unfair or deceptive act or practice by a licensee, registrant, or person that is neither a licensee nor registrant but is engaging in virtual currency business activity or activities, pursuant to R.S. 6:1393(3)(b).

Unsafe or Unsound Act or Practice-inability of any applicant, licensee or registrant to meet its withdrawal requests; violation of the applicant's, licensee's or registrant's articles of incorporation; or violation of any law or any regulation governing the applicant, licensee or registrant.

La. Admin. Code tit. 10, § XV-1901

Promulgated by the Office of the Governor, Office of Financial Institutions, LR 482561 (10/1/2022), Amended LR 49, Amended LR 49259 (2/1/2023).
AUTHORITY NOTE: Promulgated in accordance with R.S. 6:121, R.S. 6:121.2, R.S. 6:1385, R.S. 6:1386, R.S. 6:1387, R.S. 6:1388, R.S. 6:1391, R.S. 6:1392, and R.S. 6:1394.