§ 19-14.8-3 - Exempt agreements and person.
SECTION 19-14.8-3
§ 19-14.8-3 Exempt agreements and person.– (a) This chapter does not apply to an agreement with an individual who theprovider has no reason to know resides in this state at the time of theagreement.
(b) This chapter does not apply to a provider to the extentthat the provider:
(1) Provides or agrees to provide debt-management,educational, or counseling services to an individual who the provider has noreason to know resides in this state at the time the provider agrees to providethe services; or
(2) Receives no compensation for debt-management servicesfrom or on behalf of the individuals to whom it provides the services or fromtheir creditors.
(c) This chapter does not apply to the following persons ortheir employees when the person or the employee is engaged in the regularcourse of the person's business or profession:
(1) A judicial officer, a person acting under an order of acourt or an administrative agency, or an assignee for the benefit of creditors;
(2) A bank chartered under the laws of the United States orof this state;
(3) An affiliate, as defined in subdivision19-14.8-2(2)(b)(i), of a bank described in subsection (2) if the affiliate isregulated by a federal or state banking regulatory authority;
(4) A title insurer, escrow company, or other person thatprovides bill-paying services if the provision of debt-management services isincidental to the bill-paying services; or
(5) A bank chartered under the laws of another state, so longas the laws of such other state expressly authorize such bank to operate insuch state, under conditions no more restrictive than those imposed by the lawsof this state, as determined by the director or the director's designee; or
(6) An affiliate, as defined in subdivision19-14.8-2(2)(b)(i), of a bank described in subsection (5) above if theaffiliate is regulated by a federal or state banking regulatory authority.