Persons who may provide a guaranteed asset protection waiver -- Requirement to be licensed or registered.

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  • (1) Except as provided in Subsection (2), on and after July 1, 2010, a person may not sell, offer to sell, or otherwise provide a guaranteed asset protection waiver to a borrower in this state unless the person:
    • (a)
      • (i) is:
        • (A) a creditor; or
        • (B) an administrator; and
      • (ii) is registered in accordance with this part; or
    • (b)
      • (i) is an individual who sells vehicles at retail; and
      • (ii) holds a limited line producer license in accordance with Section 31A-23a-103.
  • (2)
    • (a) Subject to the other provisions of this Subsection (2), an entity retail seller of a vehicle may sell, offer to sell, or otherwise provide a guaranteed asset protection waiver to a borrower without being registered under this chapter if the retail seller assigns finance agreements within 90 days.
    • (b) The commissioner may assess each retail seller described in Subsection (2)(a) that is located in this state an annual assessment in accordance with this Subsection (2).
    • (c) The commissioner may assess an annual assessment under this section only if the fees received by the commissioner under Section 31A-6b-202 do not equal or exceed $100,000.
    • (d) The commissioner shall determine the amount of the annual assessment under this section in accordance with Section 31A-3-103, except that:
      • (i) the annual assessment may not exceed $50; and
      • (ii) the commissioner may not impose an amount that would reasonably be expected to result in the commissioner receiving in excess of $100,000 in a fiscal year from the aggregate of:
        • (A) the fees received under Section 31A-6b-202; and
        • (B) the annual assessments under this section.
    • (e) The commissioner shall deposit an annual assessment collected under this section into the restricted account.




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