Registration -- Exemptions.

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  • (1)
    • (a) Except as provided in Subsection (2), a person may not engage in business as a lender, broker, or servicer in this state before the day on which the person:
      • (i) provides evidence satisfactory to the commissioner that the person is registered with the nationwide database; and
      • (ii) pays a fee required by Section 70D-2-203.
    • (b) The commissioner may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provide for the transition of persons registering with the nationwide database.
  • (2) The following persons are exempt from this part, except for a reimbursement or fee described in Subsection 70D-2-203(2):
    • (a) a federally insured depository institution;
    • (b) a wholly owned subsidiary of a depository institution described in Subsection (2)(a); and
    • (c) a person who:
      • (i) is required to be licensed with the Division of Real Estate pursuant to Title 61, Chapter 2c, Utah Residential Mortgage Practices and Licensing Act; and
      • (ii) is not a:
        • (A) servicer; or
        • (B) mortgage lender.
  • (3) A mortgage lender who is required to be registered under this chapter is not exempt from Title 61, Chapter 2c, Utah Residential Mortgage Practices and Licensing Act.




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