State of Illinois
91st General Assembly
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Public Act 91-0586

SB445 Enrolled                                 LRB9102296JSpc

    AN ACT to amend the Residential Mortgage License  Act  of
1987 by changing Sections 2-2, 2-9, and 4-2.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Residential Mortgage License Act of  1987
is amended by changing Sections 2-2, 2-9, and 4-2 as follows:

    (205 ILCS 635/2-2) (from Ch. 17, par. 2322-2)
    Sec. 2-2.  Application process; investigation; fee.
    (a)  The   Commissioner   shall   issue  a  license  upon
completion of all of the following:
         (1)  The filing of an application for license.
         (2)  The filing with the Commissioner of  a  listing
    of  judgments  entered  against, and bankruptcy petitions
    by, the license applicant for the preceding 10 years.
         (3)  The   payment,   in   certified    funds,    of
    investigation  and  application  fees, the total of which
    shall be in an amount equal to $1,800 annually,  however,
    the  Commissioner  may  increase  the  investigation  and
    application fees by rule as provided in Section 4-11.
         (4)  Except   for  a  broker  applying  to  renew  a
    license, the filing of an audited balance sheet including
    all footnotes prepared by a certified  public  accountant
    in   accordance   with   generally   accepted  accounting
    principles and  generally  accepted  auditing  principles
    which  evidences  that  the applicant meets the net worth
    requirements of Section 3-5.
         (5)  The  filing  of  proof  satisfactory   to   the
    Commissioner  that  the applicant, the members thereof if
    the  applicant  is  a  partnership  or  association,  the
    members or managers thereof that retain any authority  or
    responsibility  under  the  operating  agreement  if  the
    applicant is a limited liability company, or the officers
    thereof  if  the  applicant is a corporation have 3 years
    experience preceding application in real estate  finance.
    Instead  of  this  requirement,  the  applicant  and  the
    applicant's  officers  or  members,  as  applicable,  may
    satisfactorily  complete  a  program of education in real
    estate finance and  fair  lending,  as  approved  by  the
    Commissioner,  prior  to within 9 months of receiving the
    initial license.  The Commissioner shall promulgate rules
    regarding   proof   of   experience   requirements    and
    educational  requirements and the satisfactory completion
    of those requirements.  The Commissioner may establish by
    rule a list of duly licensed professionals and others who
    may be exempt from this requirement.
         (6)  An investigation of the averments  required  by
    Section   2-4,   which   investigation   must  allow  the
    Commissioner to issue positive findings stating that  the
    financial   responsibility,  experience,  character,  and
    general fitness of  the  license  applicant  and  of  the
    members thereof if the license applicant is a partnership
    or  association, of the officers and directors thereof if
    the license  applicant  is  a  corporation,  and  of  the
    managers   and  members  that  retain  any  authority  or
    responsibility  under  the  operating  agreement  if  the
    license applicant is a limited liability company are such
    as to command the confidence  of  the  community  and  to
    warrant   belief  that  the  business  will  be  operated
    honestly, fairly and efficiently within  the  purpose  of
    this  Act.   If the Commissioner shall not so find, he or
    she shall not issue such license, and  he  or  she  shall
    notify the license applicant of the denial.
    (b)  All  licenses  shall be issued in duplicate with one
copy being transmitted  to  the  license  applicant  and  the
second being retained with the Commissioner.
    Upon  receipt  of  such  license,  a residential mortgage
licensee shall  be  authorized  to  engage  in  the  business
regulated  by  this  Act.   Such license shall remain in full
force  and  effect  until  it  expires  without  renewal,  is
surrendered by  the  licensee  or  revoked  or  suspended  as
hereinafter provided.
(Source: P.A. 89-355, eff. 8-17-95; 89-508, eff. 7-3-96.)

    (205 ILCS 635/2-9) (from Ch. 17, par. 2322-9)
    Sec. 2-9.  Posting of license.  The license of a licensee
whose  home  office  is within the State of Illinois or of an
out-of-state licensee shall be conspicuously posted in  every
office  of  the  licensee  located in Illinois.  Out-of-state
licensees  without  an  Illinois  office  shall  produce  the
license upon request.  Licensees  originating  loans  on  the
Internet  shall post on their Internet web site their license
number  and  the  address  and  telephone   number   of   the
Commissioner.   The  license  shall  state  the full name and
address  of  the  licensee.   The  license   shall   not   be
transferable  or  assignable. A separate certificate shall be
issued for posting in each full service Illinois office.
(Source: P.A. 86-137; 87-642.)

    (205 ILCS 635/4-2) (from Ch. 17, par. 2324-2)
    Sec. 4-2.  Examination; prohibited activities.
    (a)  The business affairs of a licensee  under  this  Act
shall  be  examined  for compliance with this Act as often as
the   Commissioner   deems   necessary   and   proper.    The
Commissioner shall  promulgate  rules  with  respect  to  the
frequency and manner of examination.   The Commissioner shall
appoint  a  suitable person to perform such examination.  The
Commissioner and his appointees may examine the entire books,
records, documents, and operations of each licensee  and  may
examine  any of the licensee's officers, directors, employees
and agents under oath.
    (b)  The Commissioner shall prepare a  sufficiently  full
and  detailed  report  of  each licensee's examination, shall
issue a copy of such report to  each  licensee's  principals,
officers,  or  directors  and shall take appropriate steps to
ensure correction of violations of this Act.
    (c)  Affiliates  of  a  licensee  shall  be  subject   to
examination  by  the  Commissioner  on  the same terms as the
licensee, but only when reports from,  or  examination  of  a
licensee   provides   for  documented  evidence  of  unlawful
activity  between  a  licensee  and   affiliate   benefiting,
affecting  or  deriving from the activities regulated by this
Act.
    (d)  The expenses of any examination of the licensee  and
affiliates shall be borne by the licensee and assessed by the
Commissioner as established by regulation.
    (e)  Upon completion of the examination, the Commissioner
shall  issue  a  report  to  the  licensee.   The examination
report, and the work papers of the report shall belong to the
Commissioner's office and may  not  be  disclosed  to  anyone
other  than  the licensee, law enforcement officials or other
regulatory  agencies  that  shall   be   defined   in   rules
promulgated  by  the Commissioner, or to a party presenting a
lawful subpoena to the Office of  the  Commissioner.  Reports
required  of licensees by the Commissioner under this Act and
results of examinations performed by the  Commissioner  under
this  Act  shall be the property of only the licensee and the
Commissioner.  Access under this Act to the books and records
of each licensee shall be limited to the Commissioner and his
agents as provided in this Act and to the  licensee  and  its
authorized  agents and designees.  No other person shall have
access to the books and records of a licensee under this Act.
    (f)  The   Commissioner,   deputy   commissioners,    and
employees  of  the  Office  of Banks and Real Estate shall be
subject to the restrictions provided in Section  2.5  of  the
Office  of  Banks  and  Real  Estate  Act  including, without
limitation, the restrictions on (i) owning shares of stock or
holding any other equity  interest  in  an  entity  regulated
under  this Act or in any corporation or company that owns or
controls an entity regulated under this Act;  (ii)  being  an
officer,  director, employee, or agent of an entity regulated
under this Act; and (iii) obtaining a  loan  or  accepting  a
gratuity from an entity regulated under this Act.
    (g)  After  the  initial  examination for those licensees
whose only mortgage activity is servicing  fewer  than  1,000
Illinois  residential  loans,  the  examination  required  in
subsection (a) may be waived upon submission of a letter from
the   licensee's   independent  certified  auditor  that  the
licensee serviced fewer than 1,000 Illinois residential loans
during the year in which the audit was performed.
(Source: P.A. 89-355,  eff.  8-17-95;  89-508,  eff.  7-3-96;
90-301, eff. 8-1-97.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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