GN 00506: Payment for Representative Payee Services
TN 5 (03-03)
A. BACKGROUND
Based on information obtained by the regional chief counsels, a digest of State licensing laws was compiled which summarizes the rules and regulations in place for businesses and occupational licensing. This information was compiled to assist the field in informing prospective fee for service organizational payees and volume payees of the licensing requirements imposed by each State in which the organizational payee provide services. This digest will help you determine if state and local regulations require an operating business license or similar to start, operate, or expand a fee for service payee business.
There are different criteria for determining whether a license is required. In some states, a specific business license is not required for businesses that manage other people's money. However, depending on how the state classifies the fee for service organization, a business license may be required. For example, some states determine that a fee for service organization that provides fiduciary services is considered a trust company, and operating licenses are required. Most states issue licenses specific to the business or occupation seeking the license.
The information in this digest is provided as a consultational guide only, and its content may be subject to change at any time. All State listings contain the website address as well as the appropriate licensing office or bureau's phone number. If you need more detailed information, please contact your Regional Office for clarification from the Regional Office of General Counsel.
B. LIST OF STATES IN ALPHABETICAL ORDER
Alabama |
Fiduciary Services Direct Fiduciary Services are not required to hold a license. Court appointed conservators do not have to be licensed. |
Type of license |
Health Care Providers Community health and mental health centers are state or county owned; they are certified but not licensed. Privately owned medical facilities are licensed as such, not as Fiduciary Services. Individuals within these facilities are state licensed only as required due to their profession. (MD, RN) Respite or Long Term Care Facilities Group homes, nursing homes, and psychiatric facilities are licensed. Other facilities are certified but not licensed. None are licensed as Fiduciary Services, but many serve as rep payee for their clients. Other Licensing Requirements State and counties require business licenses. They are specific to the type of business seeking licensing. |
Procedures for obtaining a license |
Apply at the corresponding county courthouse for both state and county licenses. Corporations must also apply with the Secretary of State for a corporate license. |
Agency contact |
www.state.al.us Alabama Secretary of State (334) 242-7200 |
Alaska |
Fiduciary Services Information obtained from the State of Alaska did not indicate that a specific operating license is needed to manage other people's money. |
Type of license |
Health Care Providers Not available Respite or Long Term Care Facilities Not available Other Licensing Requirements Reports obtained indicate that there is a centralized licensing procedure for profit and non-profit businesses engaging in the trade, service, profession, or activity with the goal of receiving a financial benefit in exchange for the provision of services or goods or other property. |
Procedures for obtaining a license |
No specific application procedures were provided. |
Agency contact |
Alaska Division of Occupational Licensing at Juneau (907) 465-2550, Anchorage (907) 269-8173, Fairbanks (907) 451-2852 |
American Samoa |
Fiduciary Services Every business operating in American Samoa, unless exempted, must maintain an annual business license. Only businesses carried by, or directly and solely for, the American Samoa Government or U.S. Government, and farmers marketing their own produce in its natural state, are exempted. Any person, partnership or corporation that operates a business venture in two or more locations in American Samoa must obtain a business license for each location. Similarly, any person, partnership or corporation that operates a business venture that is engaged in two or more activities must obtain a separate business license for each activity. Corporations must submit a copy of the Article of Incorporation, certified by the Treasurer of American Samoa. Partnerships must submit a notarized partnership agreement. |
Type of license |
Health Care Providers No data available Respite or Long Term Care Facilities No data available Other Licensing Requirements The business license year begins in January 1; most business license fees are $25.00 per year. A business license certificate, regardless of when issued or renewed, expires on December 31st of the year in which it was issued or renewed. A licensee may renew his/her business license by filing a Business License Renewal Application with the Economic Development Division and pay the appropriate business license fee at the Department of Treasury, Revenue Branch. |
Procedures for obtaining a license |
The same application process is required for all types of businesses; including, but not limited to, general business applicants, fiduciary licensees, social service entities, etc. If the business is introducing a new service to American Samoa, the Territory Planning Commission must first approve it before applying for a business license. |
Agency contact |
American Samoa Government Department of Commerce Phone: 684-633-5155 fax: 684-633-4195 |
Arizona |
Fiduciary Services No person shall engage in trust business without first obtaining a certificate by the state. A person is considered to be in the trust business if he/she holds out to the public at large that he/she is available to act as a fiduciary in the regular course of business. Some individuals acting as court appointed guardians are exempt from the certificate requirement. |
Type of license |
Health Care Providers Outpatient care providers are not required to obtain a license. Respite or Long Term Care Facilities These institutions must be licensed. Other Licensing Requirements Specific licenses may be issued to the particular type of business. |
Procedures for obtaining a license |
Application procedures must be filed in accordance with the Arizona Dept. of Revenue, Dept. of Health Services, Dept. of Economic Security or Superintendent of Banks. |
Agency contact |
Arizona Department of Revenue (602) 542-4576 or (800)634-6494, Business Connection (602) 280-1480 or (800) 542-5684 |
Arkansas |
Fiduciary Services This state has no specific license requirements for businesses that manage other people's money. |
Type of license |
Health Care Providers Community mental health and health care centers are certified by the appropriate state agency. Respite or Long Term Care Facilities These institutions are required to have a license. Other Licensing Requirements No general operating licenses are issued. The licenses are specific. |
Procedures for obtaining a license |
Submit an application and pay the scheduled annual fee. |
Agency contact |
Arkansas Secretary of State (501) 682-1010 |
California |
Fiduciary Services A license is required for persons engaging in the business, for compensation, of receiving money as an agent of another for the purpose of paying bills, invoices or accounts. A license is also required for persons who, for compensation, engage in whole or in part in the business of receiving money or evidences thereof for the purpose of distributing the money or evidences thereof among creditors in payment or partial payment of the obligations of the debtor. Licenses for such business will only be issued to corporations organized under the laws of the state for that purpose. A surety bond is also required. |
Type of license |
Health Care Providers Health Care Providers must be licensed. Respite and Long Term Care Facilities Must be licensed Other Licensing Requirements A general business license would be required to operate any business. The counties in which the business operates generally issue these. However these licenses are primarily for tax purposes and not to regulate or as oversight for performance of services. Also, specific types of licenses are issued by the state. |
Procedures for obtaining a license |
Procedures vary as the numerous types of licenses, but usually involve registration of the business and payment of the applicable fees. |
Agency contact |
California Dept. of General Services (916) 375-4940 California Dept. of Corporations, Financial Services Division (213) 576-7690 |
Colorado |
Fiduciary Services This state does not require a specific license for businesses or individuals that manage other people's money. |
Type of license |
Health Care Providers Community health and mental health centers, as well as Health Care Providers must be licensed. Respite and Long Term Care Facilities Data not available. Other Licensing Requirements The State also issues general operating licenses and licenses specific to the type of business seeking licensing. |
Procedures for obtaining a license |
Licensing requirements are listed in the state website under Department of Regulatory Agencies. See website address below |
Agency contact |
Colorado Dept. of Regulatory Agencies (303) 894-7855 |
Connecticut |
Fiduciary Services The State of CT does not have specific provisions relating to the management of other people's money. |
Type of Licensing |
Health Care Providers Community health centers, mental health centers, treatment facilities, or facilities that provide medical services on an ongoing basis must be licensed. Respite and Long Term Care Facilities Must be licensed. Other Licensing Requirements Businesses or occupations have specific licensing requirements. |
Procedures for obtaining a license |
File an application containing a certificate of need; include
|
Agency contact |
Connecticut Dept. of Licensing 1-800-392-2122 |
Delaware |
Fiduciary Services No specific licenses are issued for businesses that manage other people's money. Nonprofit Corporations in Delaware are those that have an exemption under Section 501(c) of the Internal Revenue Code. They are exempt from obtaining a business license and paying gross receipt taxes on the sales of most goods and services. Nonprofit corporations are required to register with the Delaware Division of Revenue and withhold Delaware State income taxes on employees performing services within Delaware. Registration is also required with the Delaware Department of Labor. Additionally, if the nonprofits activities are conducted in Delaware, a copy of Federal Form 990 PH must be filed with the State of Delaware, Attorney General. Unincorporated Nonprofit Associations must appoint an agent and register with the Secretary of State's Office. Business must satisfy any local license and zoning requirements. (A for-profit occupational professional or person service provider is required to obtain a business license -- $75.00 for the first location and $25.00 for each additional location – which must be renewed annually on or before December 31st of each year). |
Type of license |
Health Care Providers Community mental and health centers must be licensed. Respite and Long Term Care Facilities Licenses are required for health care facilities, rest homes, and boarding homes. Other Licensing Requirements The business license issued by the Division of Revenue is not a regulatory license and the issuance of such a license does not attest to the qualifications of the applicant to perform the activity described on such license. |
Procedures for obtaining a license |
Complete appropriate application forms and pay scheduled fees. |
Agency contact |
Delaware Office of the Secretary of State (302) 739-4111 |
District of Columbia |
Fiduciary Services The district issues no specific licenses for businesses that manage other people's money. |
Type of license |
Health Care Providers Community mental and health centers must be licensed. Respite and Long Term Care Facilities Licenses are required for health care facilities, rest homes, boarding houses and similar facilities. Other Licensing Requirements Effective April 1999, all businesses in the district that generate more than $2,000 in gross receipts, including nonprofit organizations, must obtain a license under the “Master Business License Program.” The Business and Professional Licensing Administration (BPLA) of the District issues business licenses and registers corporations and partnerships. Business trade names must also be registered. A Non-profit corporation must apply for and register its corporate name and file articles of incorporation with the BPLA. |
Procedures for obtaining a license |
Complete appropriate application forms and pay scheduled fees. Can be done On-line. |
Agency contact |
Dept. of Consumer & Regulatory Affairs (202)442-4400 |
Florida |
Fiduciary Services Licensing requirements for individuals or businesses that serve in a fiduciary capacity (except banks) have not been determined. |
Type of license |
Health Care Providers Community health and mental health centers are required to have a license. Respite or Long Term Care Facilities Must be licensed. Other Licensing Requirements The agency responsible for issuing a license depends on the Type of license requested. Other licenses are issued specifically to the type of business seeking the license. |
Procedures for obtaining a license |
Complete the appropriate application forms and pay the scheduled fee. |
Agency contact |
Florida Dept. of State (850)-245-6500 |
Georgia |
Fiduciary Services The only businesses licensed to act as fiduciaries are banks and law firms. |
Type of license |
Health Care Providers The state has established regional commissions that certify community health facilities. These facilities are explicitly allowed to act as fiduciaries and co-holders of checking and savings accounts. Respite and Long Term Care Facilities This state issues operating licenses to a wide variety of institutions which could possibly become representative payees. Nursing home administrators must also be licensed. Other Licensing Requirements None found. |
Procedures for obtaining a license |
Completion of the appropriate application and pay the scheduled fees. |
Agency contact |
Georgia Office of Regulatory Services (404) 657-5700 |
Guam |
Fiduciary Services No specific licensing requirements exist for persons or organizations that manage other people's money. Generally, businesses must be licensed. |
Type of license |
Health Care Providers Data not Available. Respite and Long Term Care Facilities Data not available. Other Licensing Requirements Non-profit associations/organizations, corporations, and domestic corporations must apply for a license with the Dept of Revenue and Taxation. Partnerships of two or more persons must sign and swear to a certificate. Endorsements for certain types of business activities must be obtained from cognizant departments before a license can be issued. |
Procedures for obtaining a license |
Prepare an application in triplicate furnishing the required information, and pay the scheduled fees. |
Agency Contact |
Guam Dept. of Revenue & Taxation Tel: (671) 635-1826/7/8 |
Hawaii |
Fiduciary Services Licenses are required for organizations or individuals in specific occupations or businesses that serve as fiduciaries in the performing of services, such as attorneys, accountants, agents, bankers, and lenders. No specific license is issued for persons acting as rep payees. A FFS organization could be considered a “trust company”. A general business license is required to operate any business. The counties where the business operates issue these licenses. The licenses are primarily for tax purposes as opposed to regulation or oversight of service performance. |
Type of license |
Health Care Providers Hawaii laws specifically provide for a representative payee program for mentally ill persons and those diagnosed with substance abuse. This rep payee program is administered by the Dept. of Health. Respite and Long Term Care Facilities Data not available. Other Licensing Requirements Specific procedures are in place for the various types of licenses. |
Procedures for obtaining a license |
For details contact the State Dept. of Health Office of Health Care Assurance or consult the state website. |
Agency contact |
www.ehawaii.gov/dakine/index.html Hawaii Dept. of Commerce and Consumer Affairs (808) 692-7400 |
Idaho |
Fiduciary Services No specific information was provided about operating licenses for businesses that manage other people's money. |
Type of license |
Health Care Providers The State of Idaho has provisions for a “protective payee” occupation, which includes a residential habilitation agency, its employees, affiliated providers or contractors. This term also includes a person or agency designated by the Social Security Administration to act as representative payee. Respite and Long Term Care Facilities Data not available. Other Licensing Requirements Other operating licenses are specific to the type of business seeking license. |
Procedures for obtaining a license |
Applications for a license shall be made to the licensing agency in prescribed forms and pay the scheduled fees. |
Agency contact |
Idaho Bureau of Occupational Licenses (208) 334-3233 |
Illinois |
Fiduciary Services No specific requirement for licensing of fiduciary activities was found. |
Type of business |
Health Care Providers Community health and mental health centers are licensed. Respite and Long Term Care Facilities Institutions are licensed. Other Licensing Requirements Business organizations (profit and non-profit) are required to register with the state and be licensed to do business. |
Procedures for obtaining a license |
Contact applicable state agency and complete application forms. Pay the scheduled fees. |
Agency contact |
Business Information Center of Illinois 800-252-2923 |
Indiana |
Fiduciary Services No specific license is required for businesses that manage other people's money. |
Type of business |
Health Care Providers Some community health centers, such as home nursing care and group homes, must be licensed, but some outpatient mental health facilities need not be licensed. Their personnel may be licensed, however, depending on their profession or occupation. Respite and Long Term Care Facilities Institutions must be licensed. If there is any doubt about whether a particular facility has licensing requirements, you may submit the issue to the ARC-MOS, who will ask for a legal opinion from the Office of the Regional Chief Counsel, if appropriate. Other Licensing Requirements General operating licenses and specific business licenses are required. Businesses also must be registered. |
Procedures for obtaining a license |
Contact the applicable state agency and complete all application requirements. Pay the scheduled fees. |
Agency contact |
Indiana Professional Licensing Agency (317) 232-2980 |
Iowa |
Fiduciary Services State banks receive an authorization to do business while savings and loan associations receive a certificate of operation. No specific information is provided about Fiduciary Services. |
Type of business |
Health Care Providers Most health care facilities, including hospitals, nursing facilities, and residential care facilities are required to be licensed by the state. Respite and Long Term Care Facilities Must be licensed. Other Licensing Requirements Business licenses are specific to the type of business seeking licensing. |
Procedures for obtaining a license |
Application procedures are specific to the agency involved. |
Agency contact |
www.iowa.gov/state/main/index.html Iowa Business License Information Center 1-800-532-1216 |
Kansas |
Fiduciary Services Certificates of authority are issued to financial institutions and money transmitters. Special permits are issued to allow banks to act in fiduciary capacities. |
Type of business |
Health Care Providers All medical care facilities must be licensed by the state. Respite and Long Term Care Facilities Must be licensed. Other Licensing Requirements Business licenses are specific to the business seeking licensing. |
Procedures for obtaining a license |
Application procedures are specific to the state agency involved. |
Agency contact |
Kansas Dept. of Commerce and Housing (785) 296-3481 |
Kentucky |
Fiduciary Services State offices were not aware of any license requirements for businesses conducting Fiduciary Services. |
Type of license |
Health Care Providers Community health and mental health centers are licensed. Respite and Long Term Care Facilities Medical facilities and institutions are licensed. State issues licenses for entities providing medical care. Other Licensing Requirements Business licenses are issued only at the local level. |
Procedures for obtaining a license |
Complete application requirements and pay the scheduled fees. |
Agency contact |
Kentucky Div. Of Licensure and Regulation (502) 564-2800 |
Louisiana |
Fiduciary Services This state does not require a specific operating license for businesses that manage other people's money. |
Type of business |
Health Care Providers Community health or mental health centers that provide inpatient, outpatient treatment and emergency services are required to be licensed. Respite and Long Term Care Facilities Institutions must be licensed. Other licensing instructions No general operating licenses are issued. The licenses must be specific to the type of business or profession. |
Procedures for obtaining a license |
Facilities must submit the prescribed application forms and pay the scheduled fees. |
Agency contact |
www.state.la.us/wps/wcm/connect/Louisiana.gov/Home/ Louisiana Secretary of State (225) 922-2675 or 800-259-0001 |
Maine |
Fiduciary Services Fiduciaries and investment advisors managing assets worth less than $25 million are regulated and must be licensed. |
Type of business |
Health Care Providers Mental health facilities for children and adults in residential and non-residential settings must be licensed. Respite and Long Term Care Facilities Adult facilities are administered by the state Dept. of Health and Human Services. No other information is available. Other Licensing Requirements A wide variety of professions are regulated and licensed through the board of licensing and registration. |
Procedures for obtaining a license |
Licensing requirements and application process are found on the State of Maine website under “professional and financial regulation.” |
Agency contact |
Maine Office of Licensing and Registration (207) 624-8603 |
Maryland |
Fiduciary Services No specific operating licenses are issued for businesses that manage other people's money. |
Type of licenses |
Health Care Providers Community health and mental health centers are required to be licensed. Respite and Long Term Care Facilities Are required to be a licensed. Other Licensing Requirements Nonprofit corporate charters are filed with the State Department of Assessments and Taxation. Organizations soliciting charitable contributions in Maryland are generally required to register with the Office of the Secretary of State as a charitable organization. To determine whether the particular business activity requires licensing by the state of Maryland and needs to have any additional licenses and permits, contact the Clerk of the Circuit Court in the county in which the business is located and with the local municipal office. |
Procedures for obtaining a license |
Complete the required application forms and pay the scheduled fees. |
Agency contact |
www.maryland.gov/portal/server.pt? Maryland Dept. of Business and Economic Development 1-800-541-8549 Md. State Dept. of Assessments and Taxation: (410) 767-1340 Charitable Organizations Div. Office of the Secretary of State: (410) 974-5534. |
Massachusetts |
Fiduciary Services This state does not appear to issue operating licenses for businesses that manage other people's money. |
Type of licensing |
Health Care Providers Must be licensed. Respite and Long Term Care Facilities Fiduciaries of residents of certain facilities administered by the Dept. of Mental Health, Public Health or Mental Retardation must be registered with the applicable department. Other Licensing Requirements Institutions and mental health facilities must meet all applicable fire, health, building and safety codes, submit ownership and property information, and submit plans for delivery and supervision of services, staffing, demonstrate appropriate education of the director, etc. The state also issues many different licenses specific to the type of business. |
Procedures for obtaining a license |
Complete the prescribed forms with the appropriate agency and pay the applicable fees. |
Agency contact |
www.magnet.state.ma.us/consumer/licensing.htm Mass. Office of Consumer Affairs and Business Regulation (617) 973-8787 |
Michigan |
Fiduciary Services No specific requirements exist for the licensing of fiduciary activities. |
Type of license |
Health Care Providers Community health centers and mental health providers must have an operating license. Respite and Long Term Care Facilities Must be licensed. Other Licensing Requirements Businesses (profit and non-profit) are required to register with the state and be licensed to do business. Certain types of professions and occupations must be licensed. |
Procedures for obtaining a license |
Contact the applicable state agency and complete the prescribed application forms. Pay the scheduled fees. |
Agency contact |
Michigan Dept. of Consumer and Industry Services (517) 373-1820 |
Minnesota |
Fiduciary Services No specific requirements exist for the licensing of fiduciary activities. |
Type of license |
Health Care Providers It is unclear whether particular community health and mental health care centers require a license, beyond a business license required of all business in general. Respite and Long Term Care Facilities Must be Licensed. Other Licensing Requirements If it is unclear whether a particular facility must be licensed, you may submit the issue to the ARC-MOS, who will request a legal opinion from the Office of the Regional Chief Counsel, if appropriate. Businesses (profit and non-profit) are required to register with the state and be licensed to do business. Certain types of professions and occupations must be licensed. |
Procedures for obtaining a license |
Contact the applicable state agency and complete the prescribed application forms. Pay the corresponding fees. |
Agency contact |
Minnesota Secretary of State (651) 296-2803 |
Mississippi |
Fiduciary Services No specific requirements shown for businesses that manage other people's money. |
Type of license |
Health Care Providers Regional commissions certify community health facilities. These facilities are authorized to act as fiduciaries and co-holders of checking and savings accounts. Respite and Long Term Care Facilities Data not available. Other Licensing Requirements No general business operating licenses are issued. |
Procedures for obtaining a license |
Completion of an application and payment of the scheduled fees. |
Agency contact |
Mississippi Business Services Division (601) 359-3593 |
Missouri |
Fiduciary Services All financial institutions operating in the state must have a license or charter. |
Type of license |
Health Care Facilities Licenses are required for medical treatment facilities including hospitals and home health agencies. Respite and Long Term Care Facilities Licenses are generally required for residential mental health treatment facilities, subject to statutory exemptions. Hospices (a certificate is required), residential care facilities, and skilled nursing facilities must be licensed. Other Licensing Requirements Business licenses are specific to the type of business seeking licensing. |
Procedures for obtaining a license |
Application procedures are specific to the state agency involved. |
Agency contact |
Missouri Division of Professional Registration (573) 751-0293 |
Montana |
Fiduciary Services The State does not require a specific license for businesses or individuals that manage other people's money. |
Type of business |
Health Care Facilities Health care facilities, as well as Health Care Providers, must be licensed. Respite and Long Term Care Facilities Must be licensed. Other Licensing Requirements The State also issues general operating licenses and licenses specific to the type of business seeking licensing. |
Procedures for obtaining a license |
Licensing requirements are listed in the State website under Department of Labor and Industry, Business and Standards Division. |
Agency contact |
Department of Labor and Industry, Business and Standards Division (406) 841-2300 |
Nebraska |
Fiduciary Services Banks and trust companies require a charter. |
Type of license |
Health Care Providers Licenses are required for hospitals, health clinics, skilled nursing facilities and mental health centers. Respite and Long Term Care Facilities Residential care facilities, home health services, substance abuse centers, and centers for the developmentally disabled must be licensed. Other Licensing Requirements Business licenses are specific to the type of business seeking licensing. |
Procedures for obtaining a license |
Application procedures are specific to the state agency involved. |
Agency contact |
Nebraska Secretary of State (402) 471-4079 (402) 471-2385 |
Nevada |
Fiduciary Services A business that provides Fiduciary Services and is considered a trust company must be licensed in this state, with some exceptions. These are: attorneys, trustees under a deed of trust, a court appointed fiduciary or a person who acts as a fiduciary if such relationship is not one of his principal occupation, or who serves as a fiduciary for a relative by blood or marriage. |
Type of license |
Health Care Facilities Licenses are required for medical facilities and facilities for the dependant. Respite and Long Term Care Facilities Hospice programs must be licensed. Other Licensing Requirements All businesses operating in the State of Nevada are required to have a state business license. Some other specific licenses are required in addition to a general business license; among them are group foster homes and trust companies. |
Procedures for obtaining a license |
Several procedures are in place: for a state business license, submit the application to the Nevada Dept. of Taxation. Foster home license: Submit the application to the Division of Child and Family Services of the State Dept. of Human Resources. Trust Company license: Submit the application to the Commissioner of Financial Institutions. |
Agency contact |
Nevada Dept. of Human Resources (775) 684-5708 |
New Hampshire |
Fiduciary Services This state does not have a provision relating to the generic management of other people's money. |
Type of license |
Health Care Providers Community health centers are exempt from licensing requirements, as well as health care-related facilities such as physician's offices and facilities providing only room and board. Respite and Long Term Care Facilities Licenses are required for all facilities that provide medical services on an ongoing basis. Other Licensing Requirements Are quite specific to the type of business involved. |
|
Procedures for Obtaining a license |
Businesses must file an application disclosing ownership and the type of services provided. In the financial area, a bond sometimes may be required. All required fees must be paid. |
Agency contact |
New Hampshire Office of The Secretary of State (603) 271-3242 |
New Jersey |
Fiduciary Services: The State of New Jersey has compiled a listing of the occupations and business activities that require some form of registration, license or certification. New Jersey Commerce and Economic Growth Commission, New Jersey License and Certification Guide (2002) (“NJ Guide”). For each occupation or business activity listed, the NJ Guide indicates the type of requirement, the fee requirement and the agency that should be contacted to obtain the appropriate license, certificate, permit, etc. |
Type of licenses |
Health Care Providers See above paragraph. Respite and Long Term Care Facilities See above paragraph. Other Licensing Requirements See above paragraph. |
Procedures for obtaining a license |
With respect to the procedures for obtaining a license, certificate, etc., we recommend that the field offices contact the appropriate regulatory agency listed in the NJ Guide. |
Agency contact |
NJ Commerce & Economic Growth Commission (609) 777-2642 |
New Mexico |
Fiduciary Services No specific requirement is in place for licensing businesses that manage other people's money. |
Type of license |
Health Care Providers Community health centers and mental health providers do not need a specific license other than the general operating license required for all health care facilities. This includes, but is not limited to, profit or non-profit boarding homes, shelter care homes, and free standing hospices. Respite and Long Term Care Facilities See above paragraph. Other Licensing Requirements Specific licenses are issued for a particular type of business. |
Procedures for obtaining a license |
The facility must submit an application and pay the required fee. |
Agency contact |
New Mexico Regulation & Licensing Department (505) 827-7000 |
New York |
Fiduciary Services Not shown. |
Type of licenses |
Health Care Providers Residential facilities or institutions for the care, custody or treatment of the mentally disabled require an operating certificate. Comprehensive psychiatric emergency programs of general hospitals must be licensed. Respite and Long Term Care Facilities Community residential facilities for the disabled require an operating certificate. A certificate of authority is required to maintain or operate a continuing care retirement community. Home care services agencies must be licensed. Other Licensing Requirements Charitable organizations are required to register. Other licenses are issued specific to the type of business seeking the license and must be considered on a case-by-case basis. |
Procedures for obtaining a license |
Complete proper applications and pay the scheduled fees. |
Agency contact |
New York Dept. of State (212) 417-5800 (518) 474-0050 |
North Carolina |
Fiduciary Services Specific licenses are issued for each particular type of business by various state agencies and commissions. The state itself would not require a rep payee organization to obtain a license but would refer the case to the North Carolina Banking Commission to see if the payee must be licensed or registered. Local city or county requirements may also be needed. |
Type of license |
Health Care Providers Data not available. Respite and Long Term Care Facilities Data not available. Other Licensing Requirements |
Procedures for obtaining a license |
Complete a written application and submit all the required information. No fees are required. |
Agency contact |
North Carolina Business Lic. Division (919) 807-2000 |
North Dakota |
Fiduciary Services The State does not require a specific license for businesses or individuals that manage other people's money. |
Type of license |
Health Care Providers Health care facilities, as well as Health Care Providers, must be licensed. Respite and Long Term Care Facilities Data not available. Other Licensing Requirements The State also issues general operating licenses and licenses specific to the type of business seeking licensing. |
Procedures for obtaining a license |
The State Department of Human Services and Office of the Secretary of State set licensing requirements. See: |
Agency contact |
State Department of Human Services (701) 328-8940 Office of the Secretary of State (701) 328-2900 |
Northern Mariana Islands |
Fiduciary Services Individuals and/or corporations acting in a business capacity as fiduciaries in the Commonwealth of the Northern Mariana Islands (CNMI) must be licensed. |
Type of license |
Health Care Providers Data not available. Respite and Long Term Care Facilities Data not available. Other Licensing Requirements Individuals and/or corporations acting in a business capacity as fiduciaries in the Commonwealth of the Northern Mariana Islands (CNMI) must be licensed. |
Procedures for obtaining a license |
Obtain a general business license which costs $50.00 and is issued by the CNMI Department of Commerce. |
Agency contact |
Commonwealth of the Northern Mariana Islands, Dept. of Commerce P.O. Box 10007, Saipan, MP, 96950 Tel: (670) 664-3000 Fax: 664-3010 |
Ohio |
Fiduciary Services No specific requirements are in place for the licensing of fiduciary activities. |
Type of license |
Health Care Providers It is unclear whether particular community health and mental health care centers require a license, beyond a business license required of all business in general. Respite and Long Term Care Facilities Must be licensed. Other Licensing Requirements The state of Ohio does not license profit or non-profit organizations. NOTE: Such organizations are required to register with the state and receive a registration certificate to comply with state requirements. |
Procedures for obtaining a license |
Contact the applicable state agency and complete the prescribed application forms. Pay the scheduled fees. |
Agency contact |
Ohio Office of the Secretary of State (614) 466-2655 |
Oklahoma |
Fiduciary Services This state does not issue a specific operating license for businesses that manage other people's money. |
Type of license |
Health Care Providers An operating license is required for community-based structured crisis centers and community mental health providers. Some community health providers must also be certified. Respite and Long Term Care Facilities Hospices and drug alcohol abuse centers must submit an application. Community-based structured crisis centers and community mental health centers must file an application and abide by the Dept of Mental Health and Substance Abuse Service's rules. Other Licensing Requirements No general licenses are issued. The license must be specific to the type of business. |
Procedures for obtaining a license |
Complete the necessary paperwork and pay the appropriate fees |
Agency contact |
Oklahoma Small Business Dev. Center (Legal/Licensing Info) 1-800-522-6154 Ok Dept. of Mental Health and Substance Abuse Services (405) 522-3908 |
Oregon |
Fiduciary Services No specific language was found requiring operating licenses for businesses that manage other people's money. |
Type of license |
Health Care Providers Health Care Providers must be licensed. Facilities established for the treatment of substance abuse and community mental health and developmental disabilities programs are excluded from licensing requirements. Respite and Long Term Care Facilities Data not available. Other Licensing Requirements Specific licenses are issued according to the type of business seeking a license. |
Procedure for obtaining a license |
Submit an application in writing using prescribed forms and pay the scheduled fees. |
Agency contact |
Oregon Secretary of State, Business Info. Center 503-986-2200 |
Pennsylvania |
Fiduciary Services The Commonwealth issues no specific operating licenses for businesses that manage other people's money. |
Type of licenses |
Health Care Providers Community health or mental health centers and institutions require a license. Respite and Long Term Care Facilities Require a license. Other Licensing Requirements All nonprofit corporations must file articles of incorporation and other documents with the Corporation Bureau of the Department of State. All nonprofit charitable organizations must register with the Department of State's Bureau of Charitable Organizations. All organizations that hire employees must register with the Department of Labor and Industry and the Department of Revenue. Fictitious business names must be filed with the Pa. Department of State, Corporation Bureau. |
Procedures for obtaining a license. |
Complete the appropriate application forms and pay the scheduled fees. |
Agency contact |
Dept. of Economic and Community Development 1-800-379-7448 PA Dept. of State (717) 787-1057 |
Puerto Rico |
Fiduciary Services Data not available. |
Type of licenses |
Health Care Providers Centers for the prevention of drug addiction and alcoholism must be licensed. Licenses are required to establish, operate or maintain an establishment for the care of children. Licenses are also required to establish, operate or maintain an establishment for the care of the elderly. Respite and Long Term Care Facilities Data not available. Other Licensing Requirements Other licenses might be specific to the type of business seeking a license. |
Procedures for obtaining a license |
File an application and pay the appropriate fees. Some financial operations may require a bond. |
Agency contact |
www.ocpr.gov.pr (Note: Site is in Spanish) Puerto Rico Division de Contralor (Office of the Comptroller) (787) 754-3030 |
Rhode Island |
Fiduciary Services There are no specific provisions concerning the management of other people's money. |
Type of licenses |
Health Care Providers Numerous types of facilities that provide health care services must be licensed. Respite and Long Term Care Facilities Community residences, adult foster homes, day treatment programs, and rehabilitation programs must be licensed. Other Licensing Requirements Licensing requirements are specific for the type of business involved. |
Procedures for obtaining a license |
File application with the appropriate licensing agency or authority and pay the appropriate fee. |
Agency contact |
RI Office of the Secretary of State (401) 222-3040 |
South Carolina |
Fiduciary Services No data available. |
Type of license |
Health Care Providers No data available. Respite and Long Term Care Facilities No data available. Other Licensing Requirements General operating licenses are only for retail businesses. Other businesses are licensed and controlled by either state entities specific to that type of business or by the Secretary of State. |
Procedures for obtaining a license |
Complete the application processes and pay the scheduled fees. |
Agency contact |
SC Dept. of Licensing and Regulation (803) 896-4300 |
South Dakota |
Fiduciary Services The State does not require a specific license for businesses or individuals that manage other people's money. |
Type of license |
Health Care Providers Health care facilities, as well as Health Care Providers, must be licensed. Respite and Long Term Care Facilities Must be licensed. Other Licensing Requirements The State also issues general operating licenses and licenses specific to the type of business seeking licensing. |
Procedures for obtaining a license. |
Licensing requirements are set by the State Department of Health. |
Agency contact |
State Department of Health (605) 773-3361 |
Tennessee |
Fiduciary Services No specific operating licenses are issued for businesses that manage other people's money. |
Type of license |
Fiduciary Services No specific operating licenses are issued for businesses that manage other people's money. |
Procedures for obtaining a license |
Businesses must submit an application, pass certain tests or requirements, and pay all required fees. |
Agency contact |
TN Office of the Secretary of State (615) 741-6488 |
Texas |
Fiduciary Services The State of Texas does not issue operating licenses for businesses that manage other people's money. |
Type of license |
Health Care Providers Community health centers and mental health providers must be licensed. Respite and Long Term Care Facilities Institutions must be licensed. Other Licensing Requirements Texas does not issue general operating licenses for businesses, the licenses must be specific. |
Procedures for obtaining a license |
Complete the prescribed application forms and pay the scheduled fees. |
Agency contact |
TX Dept. of Licensing and Regulation (800) 888-0511 |
Utah |
Fiduciary Services The State does not require a specific license for businesses or individuals that manage other people's money. |
Type of license |
Health Care Providers Health care facilities, as well as Health Care Providers, must be licensed. Respite and Long Term Care Facilities Must be licensed. Other Licensing Requirements The State also issues general operating licenses and licenses specific to the type of business seeking licensing. |
Procedures for obtaining a license |
The Utah State Department of Human Services set licensing requirements. |
Agency contact |
State Division of Occupational and Professional Licensing (801) 530-6628 |
Vermont |
Fiduciary Services No specific instructions are shown for managing other people's money. |
Type of licenses |
Health Care Providers Data not available. Respite and Long Term Care Facilities Data not available. Other Licensing Requirements Licenses are specific to the type of business involved. Vermont requires licenses for numerous professions and businesses. |
Procedure for obtaining a license |
Businesses must file applications with the appropriate licensing agency or authority and pay the appropriate fee. |
Agency contact |
VT Office of the Secretary of State (802) 828-2453 |
Virgin Islands |
Fiduciary Services Not available. |
Type of license |
Health Care Providers All health facilities and health services must be licensed. Respite and Long Term care Providers Institutions are required to obtain a license. Other Licensing Requirements A list of the types of business required to obtain a license annually is set forth by statute. We recommend that the field offices consult this list. However, the list does not include all health facilities and health services which must be licensed. Nor does the list include banks, which also require licensing. Other licenses are specific to the type of business seeking a license. |
Procedures for obtaining a license |
No specific procedures for obtaining a license. Written application on prescribed forms must be submitted to the appropriate department. A fee must be paid. |
Agency contact |
USVI Licensing and Consumer Affairs (340) 774-3130 |
Virginia |
Fiduciary Services No specific operating license is issued for businesses that manage other people's money. |
Type of license |
Health Care Providers The Virginia Department of Health issues licenses to community health and mental health centers, institutions, and nursing homes. Charitable organizations must register with the Virginia Department of Agriculture and Consumer Services' Office of Consumer Affairs. Respite and Long Term Care Facilities Must be licensed. Other Licensing Requirements Every corporation must first register with the State Corporation Commission before beginning its operations in Virginia. The Commonwealth of Virginia does not issue business licenses. Business licenses are obtained at the local government level. Organization should check with Local Commissioner of Revenue office to see if a local license is required and with the local planning and zoning office to see if a permit is required. |
Procedures for obtaining a license |
Complete the appropriate application forms and pay the scheduled fees. |
Agency contact |
Virginia Dept. of Business and Licensing (804) 371-8200 Virginia Dept. of Agriculture and Consumer Services' Office of Consumer Affairs (804) 786-2042 |
Washington |
Fiduciary Services No specific information was found about issuing operating licenses for businesses that manage other people's money. |
Type of license |
Health Care Providers Community health and mental health centers must be licensed. Respite and Long Term Care Facilities Must be licensed. Other Licensing Requirements Business licenses are specific to the type of business seeking the license. Additional information can be found in the state website at the address listed below. |
Procedures for obtaining a license |
Complete the prescribed application forms and pay the scheduled fees. |
Agency contact |
Washington State Dept. of Licensing (360) 902-3600 |
West Virginia |
Fiduciary Services No specific operating license is issued to businesses that manage other people's money. |
Type of licenses |
Health Care Providers Community health, mental health centers, and health institutions require a license through the Bureau for Public Health, Office of Health Facility. Respite and Long Term Care Facilities Must have a license. Other Licensing Requirements Nonprofit corporations must file organizational papers (articles of incorporation) with the Secretary of State. Associations must file articles of Association with the Secretary of State. Chapter 36 of the West Virginia Code governs unincorporated nonprofit associations. Every organization intending to do business in the state must obtain a business registration certificate from the West Virginia State Tax Department and non-profits must obtain IRS 501(c) status before doing so. (A nonprofit business is not required to pay the $30.00 registration fee). The organization must also reserve name with Secretary of State. Any organization with employees in the state must file for Unemployment Compensation coverage and for Worker's Compensation Insurance coverage. Certain types of charitable organizations that solicit funds from the general public must register with the Secretary of State and pay an annual registration fees. (Specific exemptions are provided by statute WV Code §29-1-6). Organization should check with the appropriate County Commission and City Clerk for any county or municipal requirements. |
Procedures for obtaining a license |
Complete the appropriate application and pay the scheduled fees. |
Agency contact |
WV Secretary of State Tax/Licensing Dept. (304) 558-3333 West Virginia Office of Business Registration (304) 558-8000 |
Wisconsin |
Fiduciary Services No specific requirements for licensing fiduciary activities. |
Type of license |
Health Care Providers It is unclear whether particular community health and mental health care centers require a license, beyond a business license required of all business in general. If it is unclear whether a particular facility must be licensed, you may submit the issue to the ARC-MOS, who will request a legal opinion from the Office of the Regional Chief Counsel, if appropriate. Respite and Long Term Care Facilities Must be licensed. Other Licensing Requirements Businesses (profit and nonprofit) are required to register with the state and be licensed to do business. Certain types of professions and occupations must be licensed. |
Procedures for obtaining a license |
Contact the applicable state agency and complete the prescribed application forms. Pay the corresponding fees. |
Agency contact |
|
Wyoming |
Fiduciary Services The State does not require a specific license for businesses or individuals that manage other people's money. |
Type of license |
Health Care Providers Health care facilities, as well as Health Care Providers, must be licensed. Respite and Long Term Care Facilities Must be licensed. Other Licensing Requirements The State also issues general operating licenses and licenses specific to the type of business seeking licensing. |
Procedures for obtaining a license |
General procedures not specified. Contact the WY Secretary of State or consult the state website at See www.state.wy.us/buisness.html |
Agency contact |
WY Office of the Secretary of State (307) 777-7378 |