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- Alaska Statutes.
- Title 10. Corporations and Associations
- Chapter 13. Alaska Bidco Act
- Section 50. Criteria For Directors, Officers, and Controlling Persons.
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Section 40. Requisite Net Worth.
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Section 60. Determination of Likelihood of Future Noncompliance.
AS 10.13.050. Criteria For Directors, Officers, and Controlling Persons.
- (a) A license may only be issued if the department determines that each director, officer, and controlling person of the
applicant is
- (1) of good character and sound financial standing;
- (2) competent to perform the director's or officer's functions for the applicant; and
- (3) when considered collectively with the other directors, officers, and controlling persons, adequate to manage the
business of the applicant as a BIDCO.
- (b) The department may determine that a director, officer, or controlling person of an applicant is not of good character.
Bases the department may use to make that determination include proof that the director, officer, or controlling
person, or a director or officer of a controlling person has
- (1) had an administrative sanction imposed under 31 U.S.C. 3801 - 3812 (Program Fraud Civil Remedies Act of 1986) for an
offense under 15 U.S.C. 645; or
- (2) been convicted of a crime involving fraud or dishonesty, including a conviction for an offense under 15 U.S.C. 645; in
this paragraph, "conviction" includes a conviction based on a guilty plea or plea of nolo contendere.
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