reglab/housing_qa huggingface dataset:
KS Stat § 50-1001 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 10 - Loan Brokers|50-1001 Definitions.

50-1001. Definitions. As used in this act:(a) "Commissioner" refers to the securities commissioner appointed under K.S.A. 75-6301, and amendments thereto.(b) "Loan" means any agreement to advance money or property in return for the promise to make payments for the money or property.(c) "Loan broker" means any person who, in return for a fee from any person, promises to procure a loan for any person or assist any person in procuring a loan from any third party, or who promises to consider whether or not to make a loan to any person. Loan broker does not include:(1) Any bank, savings bank, trust company, savings and loan association, credit union or any other financial institution regulated by any agency of the United States or any state;(2) any person authorized to sell and service loans for the federal national mortgage association or the federal home loan mortgage corporation, issue securities backed by the government national mortgage association, make loans insured by the department of housing and urban development, make loans guaranteed by the veterans administration, or act as a correspondent of loans insured by the department of housing and urban development or guaranteed by the veterans administration;(3) any insurance company; or(4) any person arranging financing for the sale of the person's product.(d) "Creditor" means any person to whom a loan is initially payable on the face of the note or contract evidencing the loan.History: L. 1988, ch. 328, § 1; July 1.
KS Stat § 50-1002 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 10 - Loan Brokers|50-1002 Registration required.

50-1002. Registration required. It shall be unlawful for any person to engage in the business of loan brokering unless registered under this act.History: L. 1988, ch. 328, § 2; July 1.
KS Stat § 50-1003 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 10 - Loan Brokers|50-1003 Application for registration; contents; bond; issuance; effective date; consent to secretary of state as process agent.

50-1003. Application for registration; contents; bond; issuance; effective date; consent to secretary of state as process agent. (a) In order to be registered under this act a loan broker shall file an application for registration with the commissioner. The application for registration shall contain:(1) The disclosure document required under subsection (b) of K.S.A. 50-1006, and amendments thereto, and the form of the disclosure statement proposed to be used under subsection (b)(1) of K.S.A. 50-1006, and amendments thereto;(2) consent to service of process under subsection (e);(3) evidence of the bond required in subsection (b); and(4) a fee of $250.(b) A loan broker must maintain a bond satisfactory to the commissioner in the amount of $25,000, which shall be in favor of the state.(c) Whenever the provisions of this act have been complied with, the commissioner shall issue a certificate of registration to the applicant, authorizing the applicant to engage in the business of loan brokering.(d) An application for registration becomes effective as of the date specified on the certificate of registration. Every registration is effective until January 1 of the year after it goes into effect.(e) Every applicant for registration shall file with the commissioner, in such form as the commissioner prescribes, an irrevocable consent appointing the secretary of state to be the applicant's agent to receive service of any lawful process in any noncriminal suit, action or proceeding against the applicant arising from the violation of any provision of this act. Service shall be made in accordance with article 3 of chapter 60 of the Kansas Statutes Annotated.History: L. 1988, ch. 328, § 3; L. 1992, ch. 226, § 8; July 1.
KS Stat § 50-1004 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 10 - Loan Brokers|50-1004 Renewal of registration; fee.

50-1004. Renewal of registration; fee. (a) A loan broker may not continue engaging in the business of loan brokering unless the broker's registration is renewed annually. A loan broker shall renew the registration by filing with the commissioner, at least 30 days before the expiration of the registration, an application containing any information the commissioner may require to indicate any material change from the information contained in the applicant's original application or any previous application.(b) An application for renewal must be accompanied by a fee of $100.History: L. 1988, ch. 328, § 4; July 1.
KS Stat § 50-1005 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 10 - Loan Brokers|50-1005 Fees and funds; accounting and deposit in general fund.

50-1005. Fees and funds; accounting and deposit in general fund. All fees and funds accruing from the administration of this act shall be accounted for by the commissioner and shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.History: L. 1988, ch. 328, § 5; L. 2001, ch. 5, § 188; July 1.
KS Stat § 50-1007 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 10 - Loan Brokers|50-1007 Contracts required to be in writing; retention of copy by borrowing party.

50-1007. Contracts required to be in writing; retention of copy by borrowing party. To be enforceable, every contract for the services of a loan broker shall be in writing and signed by all contracting parties.The borrowing party shall retain a copy of the signed contract at the time it is signed.History: L. 1988, ch. 328, § 7; July 1.
KS Stat § 50-1008 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 10 - Loan Brokers|50-1008 Denial, suspension or revocation of registration; orders and hearing.

50-1008. Denial, suspension or revocation of registration; orders and hearing. (a) The commissioner may deny, suspend or revoke the registration of a loan broker if the loan broker:(1) Fails to maintain the bond required under K.S.A. 50-1003;(2) is insolvent;(3) has violated any provision of this act;(4) has filed with the commissioner any document or statement containing any false representation of a material fact or omitting to state a material fact; or(5) has been convicted, within 10 years before the date of the application, renewal or review, of any crime involving fraud or deceit.(b) The commissioner may not enter a final order denying, suspending or revoking the registration of a loan broker without prior notice to all interested parties, opportunity for a hearing and written findings of fact and conclusions of law. The commissioner may by summary order deny, suspend or revoke a registration pending final determination of any proceeding under this section. Upon the entry of a summary order, the commissioner shall promptly notify all interested parties that it has been entered, of the reasons for the summary order and, that upon receipt by the commissioner of a written request from a party, the matter will be set for hearing which shall be conducted in accordance with the provisions of the Kansas administrative procedure act. If no hearing is requested and none is ordered by the commissioner, the order remains in effect until it is modified or vacated by the commissioner. If a hearing is requested or ordered, the commissioner, after notice of the hearing has been given to all interested persons and the hearing has been held, may modify or vacate the order or extend it until final determination.History: L. 1988, ch. 328, § 8; July 1.
KS Stat § 50-1010 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 10 - Loan Brokers|50-1010 Certified copies of documents or records admissible in actions or proceedings under act.

50-1010. Certified copies of documents or records admissible in actions or proceedings under act. Copies of any statement or document filed with the commissioner, and copies of any records of the commissioner, certified to by the commissioner are admissible in any prosecution, action, suit or proceeding based upon, or arising out of or under, the provisions of this act to the same effect as the original of the statement, document or record would be if actually produced.History: L. 1988, ch. 328, § 10; July 1.
KS Stat § 50-1011 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 10 - Loan Brokers|50-1011 Violations; civil penalties, enforcement.

50-1011. Violations; civil penalties, enforcement. (a) If the commissioner determines, after notice and opportunity for a hearing, that a person has violated this act, the commissioner may, in addition to all other remedies, impose a civil penalty upon the person in an amount not to exceed $5,000 for each violation.(b) The commissioner may bring an action in the district court of Shawnee county to enforce payment of any penalty imposed under this section.History: L. 1988, ch. 328, § 11; July 1.
KS Stat § 50-1012 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 10 - Loan Brokers|50-1012 Same; liability of loan broker to damaged parties; rights of prospective borrower.

50-1012. Same; liability of loan broker to damaged parties; rights of prospective borrower. Any person who violates this act, in connection with a contract for the services of a loan broker, is liable to any person damaged by the violation, for the amount of the actual damages suffered, interest at the legal rate, and attorney fees. If a loan broker violates any provision of this act, in connection with a contract for loan brokering services, the contract is void, and the prospective borrower is entitled to receive from the loan broker all sums paid to the loan broker.History: L. 1988, ch. 328, § 12; July 1.
KS Stat § 50-1013 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 10 - Loan Brokers|50-1013 Violation of act or cease and desist order, penalties; prosecution.

50-1013. Violation of act or cease and desist order, penalties; prosecution. (a) Any person who willfully violates any provision of this act or knowingly violates any cease and desist order issued under this act commits a severity level 7, nonperson felony. Any violation of this act committed on or after July 1, 1993, resulting in a loss of $25,000 or more, regardless of its location on the sentencing grid block, shall have a presumptive sentence of imprisonment.(b) Prosecution for any crime under this act must be commenced within five years after the alleged violation. A prosecution is commenced when a complaint or information is filed, or an indictment returned, and a warrant thereon is delivered to the sheriff or other officer for execution. No such prosecution shall be deemed to have been commenced if the warrant so issued is not executed without unreasonable delay.(c) The commissioner shall prepare and refer such evidence as may be available concerning criminal violations of this act or of any rule and regulation or order hereunder to the attorney general, or in consultation with the attorney general to the proper county or district attorney, who may, in such prosecutor's discretion, with or without such a reference, institute the appropriate criminal proceedings under the laws of this state. The commissioner may pay extradition and witness expenses and other costs associated with the case. The commissioner and persons employed by the administrator shall assist in the prosecution of criminal cases as requested by the attorney general or county or district attorney.History: L. 1988, ch. 328, § 13; L. 1992, ch. 226, § 11; L. 1993, ch. 291, § 227; L. 2017, ch. 81, § 10; July 1.
KS Stat § 50-1014 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 10 - Loan Brokers|50-1014 Rescission of contract under Truth-in-Lending Act; notice to creditor; timely return of consideration required; computation of time period for avoidance of contract.

50-1014. Rescission of contract under Truth-in-Lending Act; notice to creditor; timely return of consideration required; computation of time period for avoidance of contract. (a) If a transaction for which a loan broker has charged any fee or collected any costs is rescinded by any person under the provisions of the Truth-in-Lending Act (15 U.S.C. 1601-1667e) within 20 calendar days after a notice of the rescission has been delivered to the creditor, the loan broker shall return to the person any money or property that has been given to the loan broker, including property or money the loan broker delivered or directed to third parties.(b) For purposes of calculating the time period during which a person may avoid a contract under K.S.A. 50-640, and amendments thereto, a contract with a loan broker shall be considered to be a sale of services that occurs on the date the person receives the disclosure document required by subsection (d) of K.S.A. 50-1006.History: L. 1988, ch. 328, § 14; July 1.
KS Stat § 50-1015 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 10 - Loan Brokers|50-1015 Account numbers required to be assigned to agreements; loan brokers required to maintain certain records; period and manner of maintenance.

50-1015. Account numbers required to be assigned to agreements; loan brokers required to maintain certain records; period and manner of maintenance. (a) Each loan broker agreement shall be given an account number and all instruments taken in connection with that agreement must bear this number. Each loan broker shall keep and maintain the following records or their equivalent:(1) A loan broker agreement register that consists of a chronological listing of all loan broker agreements that have been entered into. For each loan broker agreement the register shall contain the following:(A) The account number;(B) the date of the agreement;(C) the name of the borrower or any proposed borrower;(D) the amount of any fees charged; and(E) the cost and type of any insurance required.(2) A file for each borrower or proposed borrower shall contain the following:(A) The name and address of the borrower or any proposed borrower;(B) a copy of the signed loan broker agreement;(C) a copy of any other papers or instruments used in connection with the loan broker agreement and signed by the borrower or any proposed borrower, including a copy of the disclosure document required by subsection (d) of K.S.A. 50-1006 that contains an acknowledged receipt by the borrower or any proposed borrower;(D) if a loan was obtained for the borrower, the name and address of the creditor;(E) if a loan is accepted by the borrower, a copy of the loan agreement; and(F) the amount of the loan broker's fee that the borrower has paid. If there is an unpaid balance, the status of any collection efforts.(3) All receipts from or for the account of borrowers or any proposed borrowers and all disbursements to or for the account of borrowers or any proposed borrowers, recorded so that the transactions are readily identifiable.(4) A general ledger that shall be posted at least monthly, and a trial balance sheet and profit and loss statement prepared within 30 days of the commissioner's request for the information.(5) A copy of:(A) All advertisements, pamphlets, circulars, letters, articles or communications published in any newspaper, magazine or periodical;(B) scripts of any recording, radio or television announcement; and(C) any sales kits or literature to be used in solicitation of borrowers.(b) The records listed in subsection (a) shall be kept for a period of six years in the loan broker's principal office and must be separate or readily identifiable from the records of any other business that is conducted in the office of the loan broker.History: L. 1988, ch. 328, § 15; July 1.
KS Stat § 50-1016 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 10 - Loan Brokers|50-1016 Persons exempt from registration and other duties under act; burden of proof thereof.

50-1016. Persons exempt from registration and other duties under act; burden of proof thereof. (a) The following persons are exempt from the requirements of K.S.A. 50-1002, 50-1003, 50-1004, 50-1006, 50-1007, 50-1008, 50-1014 and 50-1015, and amendments thereto:(1) Any attorney while engaging in the practice of law;(2) any certified public accountant with a permit to practice under K.S.A. 1-310, and amendments thereto, while engaged in practice as a certified public accountant or any independent public accountant engaged in the practice of public accounting whose service in relation to procurement of a loan is incidental to their practice;(3) any person licensed as a real estate broker or salesperson under K.S.A. 58-3039, and amendments thereto, while rendering services in the ordinary course of a transaction in which a license as a real estate broker or salesperson is required;(4) any broker-dealer, agent, investment adviser or investment adviser representative registered under K.S.A. 2005 Supp. 17-12a401, 17-12a402, 17-12a403 or 17-12a404, and amendments thereto;(5) any person whose fee is wholly contingent on the successful procurement of a loan from a third party and to whom no fee, other than a bona fide third party fee, is paid before the procurement;(6) any person who is a creditor, or proposed to be a creditor, for any loan; and(7) any feedlot operator licensed under K.S.A. 47-1503, and amendments thereto.(b) As used in this section, "bona fide third party fee" includes fees for:(1) Credit reports, appraisals and investigations; and(2) if the loan is to be secured by real property, title examinations, an abstract of title, title insurance, a property survey and similar purposes.(c) As used in this section, "successful procurement of a loan" means that a binding commitment from a creditor to advance money has been received and accepted by the borrower.(d) The burden of proof of any exemption or classification provided in this act shall be on the party claiming the exemption or classification.History: L. 1988, ch. 328, § 16; L. 2004, ch. 154, § 61; July 1, 2005.
KS Stat § 50-1017 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 10 - Loan Brokers|50-1017 Prohibited acts.

50-1017. Prohibited acts. A loan broker shall not, in connection with an offer of or a contract for the services of a loan broker, either directly or indirectly, do any of the following:(1) Employ any device, scheme or artifice to defraud;(2) make any untrue statements of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of circumstances under which they are made, not misleading; or(3) engage in any act, practice or course of business that operates or would operate as a fraud or deceit upon any person.History: L. 1988, ch. 328, § 17; L. 1992, ch. 226, § 12; July 1.
KS Stat § 50-1018 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 10 - Loan Brokers|50-1018 False or misleading filing or statement; penalty.

50-1018. False or misleading filing or statement; penalty. It is unlawful for any person to make or cause to be made, in any document filed with the commissioner or in any proceeding under this act, any statement which is, at the time and in the light of the circumstances under which it is made, false or misleading in any material respect.History: L. 1992, ch. 226, § 7; July 1.
KS Stat § 50-1116 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 11 - Credit Services Organizations|50-1116 Kansas credit services organization act; citation; scope.

50-1116. Kansas credit services organization act; citation; scope. (a) K.S.A. 50-1116 through 50-1135, and amendments thereto, shall be known and may be cited as the Kansas credit services organization act.(b) Any individual licensed to practice law in this state acting within the course and scope of such individual's practice as an attorney, and such individual's law firm, shall be exempt from the provisions of this act.History: L. 2004, ch. 22, § 1; L. 2012, ch. 161, § 16; May 31.
KS Stat § 50-1117 (2021)
2021 Kansas Statutes|Chapter 50 - Unfair Trade And Consumer Protection|Article 11 - Credit Services Organizations|50-1117 Same; definitions.

50-1117. Same; definitions. Definitions as used in this act: (a) "Commissioner" means the state bank commissioner or designee, who shall be the deputy commissioner of the consumer and mortgage lending division of the office of the state bank commissioner.(b) "Consumer" means an individual who is a resident of this state.(c) "Credit services organization" means a person who engages in, or holds out to the public as willing to engage in, the business of debt management services for a fee, compensation or gain, or in the expectation of a fee, compensation or gain.(d) "Debt management service" means:(1) Receiving or offering to receive funds from a consumer for the purpose of distributing the funds among such consumer's creditors in full or partial payment of such consumer's debts;(2) improving or offering to improve a consumer's credit record, history, rating or score; or(3) negotiating or offering to negotiate to defer or reduce a consumer's obligations with respect to credit extended by others.(e) "Insolvent" means a person whose debts exceed their assets.(f) "Law firm" means a lawyer or lawyers in a law partnership, professional corporation, sole proprietorship or other association authorized to practice law; or lawyers employed in a legal services organization or the legal department of a corporation or other organization.(g) "Licensee" means a person who is licensed by the commissioner as a credit services organization.(h) "Nationwide mortgage licensing system and registry" means a mortgage licensing system developed and maintained by the conference of state bank supervisors and the American association of residential mortgage regulators for the licensing and registration of licensed mortgage loan originators and other financial service providers.(i) "Person" means any individual, corporation, partnership, association, unincorporated organization or other form of entity, however organized, including a nonprofit entity.(j) "Trust account" means an account established by the applicant or licensee in a federally insured financial institution used to hold funds paid by consumers to a credit services organization for designation indicating the funds in the account are:(1) Not funds of the applicant or licensee or its owners, officers or employees; and(2) unavailable to creditors of the applicant or licensee.History: L. 2004, ch. 22, § 2; L. 2012, ch. 161, § 17; L. 2017, ch. 52, § 13; July 1.