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The $10,000 bond is how an Ohio precious metals dealer applicant meets the financial responsibility test in ORC 4728.03 without documenting and holding $10,000 of net worth. It fits a new buying operation or a thin balance sheet. Just remember the bond outlives the shop: Ohio requires it for two years after you stop doing business in the state.
Ohio Revised Code 4728.03 requires a precious metals dealer applicant to show net worth of at least $10,000, or in place of that showing, obtain a surety bond of not less than $10,000 from a surety company authorized to do business in Ohio. The bond protects any person injured by a violation of Chapter 4728 and must be kept for at least two years after the dealer stops doing business in the state. The Division of Financial Institutions issues the license and manages it through NMLS.
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Ohio's licensing standard for precious metals dealers asks for sufficient financial responsibility and experience in the business of a precious metals dealer or a related business. Part of that is financial: ORC 4728.03 calls for net worth of at least $10,000, maintained while licensed. In place of that demonstration, the applicant may obtain a surety bond of at least $10,000.
The bond must be issued by a surety company authorized to do business in Ohio. It runs in favor of any person, and of the state for the benefit of any person, injured by a violation of Chapter 4728.
This is the part dealers miss. A licensee who chooses the bond must keep it for at least two years after the date the licensee ceases to conduct business in Ohio. Cancelling the bond the week the counter closes leaves the dealer out of compliance.
ORC 4728.02 bars anyone from acting as a precious metals dealer without a license from the Division of Financial Institutions. Pawnbrokers licensed under Chapter 4727 may deal in precious metals without a separate dealer license, but remain subject to the same requirements. Section 4728.11 lists persons the chapter does not reach, including banks, credit unions and savings associations, some retail jewelers under a percentage test, and buyers of coins and ingots as numismatic objects rather than for their metal content.
The division charges a nonrefundable initial investigation fee of $200 and a license fee set by the superintendent that may not exceed $300. A license expires on the last day of June following issuance, or annually on another date the superintendent sets. DFI lists the Ohio Precious Metals Dealer Act among the licenses applicants apply for and manage through NMLS. That is the only connection to NMLS. This is not a mortgage license.
A licensed dealer can also obtain a temporary exhibition permit to buy at a bona fide auction, convention, exhibition, fair or show, for no more than seven days per event. Recordkeeping and daily reporting to the local police department under sections 4728.06 and 4728.07 apply whether the dealer bonds or shows net worth.
ORC 4728.03 accepts either. Showing net worth means documenting it and keeping it at $10,000 or more for as long as you hold the license. The bond replaces that showing, so a dip in equity does not put the license at risk.
Not right away. The statute requires a licensee who obtains a surety bond to maintain it for at least two years after the date it ceases to conduct business in Ohio.
Any person injured by a violation of Chapter 4728, directly or through the State of Ohio acting for their benefit. The surety pays valid claims up to the bond amount and then looks to the dealer for repayment.
ORC 4728.02 lets a pawnbroker licensed under Chapter 4727 deal in precious metals without a separate dealer license, while staying subject to the requirements imposed on licensed precious metals dealers.
The Division of Financial Institutions runs several license types through NMLS, and the Ohio Precious Metals Dealer Act is one of them. You apply and manage the license there. It has nothing to do with mortgage lending.
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