§ 12.45.050. Registration of rental agencies.  


Latest version.
  • A.

    Registration. Each person intending to engage in business as a rental agency shall first register with the chief fiscal officer on an application form provided by the department before such rental agency rents or leases a motor vehicle. An applicant applying for a certificate of registration under this chapter shall obtain a financial guarantee in accordance with section 12.45.055 and a copy of such financial guarantee shall be submitted to the department with the application.

    B.

    (Reserved)

    C.

    A registration application shall contain the applicant's:

    1.

    Registered and business name;

    2.

    Physical addresses and locations at which it conducts business;

    3.

    Mailing address;

    4.

    Registered address;

    5.

    Form of business organization and Alaska business license number;

    6.

    Complete disclosure of all motor vehicles intended for rental use that are owned or controlled by the applicant as of the date the registration application is filed, including all motor vehicles for which the applicant has entered into a contractual arrangement, written or oral, to acquire the vehicles but has not yet taken physical control of the motor vehicle;

    7.

    The address of each location where the applicant will engage in business operations, including, but not limited to, business office(s), service counter(s), vehicle storage lot(s), maintenance and equipment storage area(s);

    8.

    Names and addresses of all responsible parties for the rental agency;

    9.

    A corporation that applies for a certificate of registration shall provide the names and addresses of the principal officers including president, vice-president, secretary, managing officer, and all stockholders who own ten percent or more of the stock in the corporation. A partnership, including a limited partnership, that applies for a certificate of registration shall provide the names and addresses of all general partners and all partners with an interest of ten percent or more. A limited liability organization that applies for a certificate of registration shall provide the names and addresses of all members with an ownership interest of ten percent or more and the names and addresses of all managers; and

    10.

    Such other information as the department may require.

    D.

    Upon receipt of a properly completed application from an eligible applicant, the chief fiscal officer shall, without charge, issue a certificate of registration to the rental agency. The certificate shall be valid only for the business name and address listed thereon. A person's application for and acceptance of the certificate of registration issued under this section constitutes confirmation of the person's acknowledgement on behalf of the applicant and rental agency of the fiduciary duties pursuant to this chapter.

    E.

    A rental agency shall prominently display its certificate of registration to its customers.

    F.

    (Reserved)

    G.

    The department may refuse to issue a certificate of registration if there is reasonable cause to believe that the applicant has structured its business organization to avoid payment of delinquent taxes, penalties, interest, or costs due under this chapter; has willfully withheld information requested to determine the applicant's eligibility to receive a certificate; or that information submitted in the application is false or misleading and is not made in good faith.

    H.

    Every rental agency electing to provide a surety bond to fulfill the requirement for a financial guarantee under this chapter shall annually register under this section to renew its certificate of registration.

    I.

    Non-transferable. The certificate of registration issued under this section is not assignable or transferable, except that in the case of death, bankruptcy, receivership, or incompetency of the rental agency (or its principals if the rental agency is an entity), or if the certificate is transferred to another by operation of law, the department may extend the certificate for a limited time to the executor, administrator, trustee, receiver, or the transferee.

    J.

    The certificate of registration issued under this section is a privilege for a rental agency to have, and there is no right, entitlement or property interest created by the issuance of a certificate to a rental agency.

(AO No. 2000-116(S), § 3, 7-18-00; AO No. 2003-107, §§ 2, 3, 7-1-03; AO No. 2015-48, § 4, 5-14-15 )

Editor's note

It should be noted that the above section 12.45.050 is effective July 18, 2000.