8 Ill. Adm. Code 1300.103
Financial Disclosure
Section 1300.103 Financial Disclosure
a) When
applying for a Conditional Adult Use Cultivation Center License, the applicant
shall disclose all relevant financial information to the Department. The
applicant shall have a continuing duty to disclose promptly any material
changes in the financial information provided to the Department. If an
applicant is issued an Adult Use Cultivation Center License, this duty of
ongoing disclosure shall continue throughout the licensed period. These disclosures
shall include:
1) The
ownership structure of the cultivation center;
2) A
current organizational chart that includes position descriptions and the names
and resumes of persons holding each position, to the extent those positions
have been filled. To the extent not revealed by the resume, include additional
pages with each resume setting out the employee's particular skills, education,
experience or significant accomplishments that are relevant to owning or
operating a cultivation center;
3) Documents
such as the articles of incorporation, articles of association, charter,
by-laws, partnership agreement, agreements between any 2 or more members of the
applicant that relate in any manner to the assets, property or profit of the
applicant, or any other comparable documents that set forth the legal structure
of the applicant or relate to the organization, management or control of the
applicant;
4) A
copy of all compensation agreements with directors, owners, officers and growers;
5) The
nature, type, terms, covenants and priorities of all outstanding bonds, loans,
mortgages, trust deeds, pledges, lines of credit, notes, debentures or other
forms of indebtedness issued or executed, or to be issued or executed, in
connection with opening or operating the proposed cultivation center; and
6) Audited
financial statements for the previous fiscal year, which shall include, but are
not limited to, an income statement, balance sheet, statement of retained
earnings or owners' equity, statement of cash flows, and all notes to these
statements and related financial schedules, prepared in accordance with
generally accepted accounting principles, along with the accompanying
independent auditor's report. If the applicant was formed within the year
preceding the application for license, provide certified financial statements
for the period of time the applicant has been in existence and any pro forma
financials used for business planning purposes.
b) The
applicant shall disclose all sources of funding used to acquire or develop the
business for which the license is sought, and shall provide independent
documentation concerning the source of the funds and copies of closing
documents in connection with the purchase of a registered business.
c) The
applicant shall disclose the estimated expenditures to be incurred before the
cultivation center is operational.
d) The
applicant shall disclose whether any principal officer and/or board member:
1) Has
ever filed for bankruptcy;
2)
Is
more than 30 days delinquent in complying with a child support order
[5
ILCS 100/10-65c]; or
3) Has been disciplined or
sanctioned by a State or federal agency.
e) The
applicant shall disclose whether there are currently, or have ever been, any State
or federal tax liens against the property of the applicant, as well as the
property of any principal officer and/or board member.