N.D. Cent. Code § 13-04.1-02.1

Current through 2023 Legislative Sessions

Section 13-04.1-02.1 - Entities exempted from licensing requirements

This chapter does not apply to:

1. Banks;

2. Credit unions;

3. Savings and loan associations;

4. Insurance companies;

5. Residential mortgage lenders licensed under chapter 13-12;

6. Individuals licensed under chapter 13-10 solely pursuant to the individual's official duties as a mortgage loan originator;

7. State or federal agencies and employees of state or federal agencies solely pursuant to the individual's official duties as an employee of the state or federal agency;

8. Institutions chartered by the farm credit administration;

9. Trust companies;

10. Any other person or business regulated and licensed to lend money by the state of North Dakota;

11. A real estate broker, broker, or a real estate salesperson as defined in section 43-23-06.1 in the brokering of loans to assist a person in obtaining financing for real estate sold by the real estate broker, broker, or real estate salesperson;

12. Any person, retail seller, or manufacturer providing or arranging financing for its own property or inventory held as a normal course of business, or to leases on any real property;

13. A bona fide pawnbrokering transaction made by a pawnbroker licensed by a North Dakota county or municipality;

14. A certified development corporation that qualifies as a nonprofit entity under section 501(c)(3) of the federal Internal Revenue Code [26 U.S.C. 501 (c)(3)] in the offers of:

a. Loan products primarily limited to the small business administration, United States department of agriculture, or other government loan products; or

b. Nongovernmental loan products that are limited to loans to promote community development or home ownership, and these loans are offered with favorable terms including an interest rate at or below the wall street journal prime rate and loan fees of less than a quarter percent of the loan origination balance; or

15. A nonprofit corporation that qualifies as a nonprofit entity under section 501(c)(3) of the Internal Revenue Code [26 U.S.C. 501 (c)(3)] which is not primarily in the business of soliciting or brokering loans, if the nonprofit corporation makes five or fewer loans in a given calendar year, makes these loans to promote community development or home ownership, and offers these loans on favorable terms, including an interest rate at or below the wall street journal prime rate and loan fees of less than a quarter percent of the loan origination balance.

N.D.C.C. § 13-04.1-02.1

Amended by S.L. 2023 , ch. 138( SB 2090 ), § 2, eff. 7/1/2023.

Amended by S.L. 2021 , ch. 112( SB 2103 ), § 1, eff. 8/1/2021.

Amended by S.L. 2015 , ch. 120( HB 1101 ), § 2, eff. 7/1/2015.