6-1302. Scope of chapter; exemptions

318 words·~1 min read·/az/title-6/6-1302

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. Any person who acts as an advance fee loan broker shall register with the deputy director as provided in this chapter. A person who is not exempt under subsection B of this section and who advertises for, solicits or purports to be willing to make or procure a loan or extension of credit for an advance fee is presumed to be engaged in the business of an advance fee loan broker.

B. This chapter does not apply to:

1. Individuals not regularly engaged in the business of making or procuring loans or extensions of credit for an advance fee.

2. A person doing business as allowed by any law of any state or of the United States relating to banks, savings banks, trust companies, savings and loan associations, credit unions, insurance companies, consumer lenders or profit sharing and pension trusts.

3. A person licensed as a mortgage broker, a mortgage banker or a commercial mortgage banker pursuant to chapter 9 of this title.

4. A person who makes a loan with the person's own money or for the person's own investment.

5. A person licensed as a real estate broker or salesperson pursuant to title 32, chapter 20, article 2.

6. A person who is licensed to practice law in this state but who is not actively and principally engaged in the business of making or procuring loans or extensions of credit, if this person renders services in the course of the person's practice as an attorney.

7. An institutional investor as defined in section 6-971 unless the institutional investor advertises for, solicits or holds himself out as willing to make or procure for an advance fee a loan or extension of credit other than a commercial mortgage loan as defined in section 6-971.

8. This state including any political subdivision of this state.

9. The United States or any department or agency of the United States.