6-1302

6-1302. Scope of chapter; exemptions

A. Any person who acts as an advance fee loan broker shall register with the
superintendent 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 permitted 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.