reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 15 - COLLECTION AGENCIES › Section R20-4-1508 - Representations of the Law

Current through Register Vol. 30, No. 28, July 12, 2024
A collection agency shall not:
1. Misrepresent the state of the law to a
				debtor;
2. Send a debtor written
				material that simulates legal process; or
3. Represent or imply that a debtor is, or
				may be, subject to criminal prosecution or arrest because of a failure to pay
				the debt.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 15 - COLLECTION AGENCIES › Section R20-4-1509 - Representations as to Fees, Costs, and Legal Proceedings; Disinterested Counsel Required

Current through Register Vol. 30, No. 28, July 12, 2024
A. A collection
				agency shall not threaten to collect, or attempt to collect, an attorney's fee,
				collection cost, or other fee that the debtor is not obliged to pay under the
				debtor's contract with the collection agency's creditor client.
B. A collection agency shall not inform a
				debtor that legal proceedings have been started unless, in fact, a lawsuit has
				been filed against the debtor.
C. A
				collection agency shall not threaten to start legal proceedings against a
				debtor unless the collection agency actually intends, at the time of the
				threat, to sue.
D. A collection
				agency shall not threaten to turn an account over to a lawyer unless the
				collection agency actually intends to do so at the time of the
				threat.
E. A collection agency
				shall not file a lawsuit against a debtor unless the lawsuit is filed by an
				attorney who has no personal or financial interest in the collection agency
				filing the lawsuit against the debtor.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 15 - COLLECTION AGENCIES › Section R20-4-1510 - Representations as to Rights Waived or Remedies Available

Current through Register Vol. 30, No. 28, July 12, 2024
A. A collection
				agency shall not inform a debtor that:
1. The debtor waives
				any legal right or legal defense by a failure to contact the collection agency,
				and
2. The collection agency has
				the power or right to bypass the legal process.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 15 - COLLECTION AGENCIES › Section R20-4-1511 - Prohibition of Harassment

Current through Register Vol. 30, No. 28, July 12, 2024
A. A collection
				agency shall not use unauthorized or oppressive tactics designed to harass any
				person to pay a debt.
B. A
				collection agency shall not use written or oral communications that ridicule,
				disgrace, or humiliate any person , or tend to ridicule, disgrace, or humiliate
				any person.
C. A collection agency
				shall not state, imply, or tend to imply, in written or oral communications ,
				that any person is guilty of fraud or any other crime.
D. A collection agency shall not permit its
				agents, employees, representatives, debt collectors, or officers to use obscene
				or abusive language in efforts to collect a debt.
E. A collection agency or its agents,
				employees, representatives or officers are subject to penalties listed in
				A.R.S. §
									32-1056(B)  for
				any violation of this Article, as well as other liabilities imposed under any
				other provision of law.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 15 - COLLECTION AGENCIES › Section R20-4-1512 - Contacts with Debtors and Others

Current through Register Vol. 30, No. 28, July 12, 2024
A. A collection
				agency shall contact a debtor by telephone only during reasonable hours. A
				collection agency shall make a reasonable attempt to contact a debtor at the
				debtor's residence. A collection agency may contact a debtor at the debtor's
				place of employment if a reasonable attempt to contact the debtor at the
				debtor's residence has failed.
B. A
				collection agency shall not threaten to or contact a third party, including a
				debtor's friend, relative, neighbor, or employer and:
1. Inform the third party of the
				debt;
2. Ask the third party to
				pressure the debtor into paying the debt ; or
3. Ask the third party to pay the debt,
				unless the third party is legally obligated to pay the debt.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 15 - COLLECTION AGENCIES › Section R20-4-1513 - Cessation of Communication with the Debtor

Current through Register Vol. 30, No. 28, July 12, 2024
A. A collection
				agency shall stop contacting a debtor, directly or indirectly, if the debtor
				tells the collection agency that the debtor is represented by a lawyer and
				wants the collection agency to communicate with the debtor through the debtor's
				lawyer. The collection agency may later contact the debtor if the collection
				agency contacts the lawyer named by the debtor and learns that the lawyer does
				not represent the debtor.
B. A
				collection agency shall stop contacting a debtor, directly or indirectly, if
				the debtor gives the collection agency written notice that the debtor:
1. Refuses to pay the debt, or
2. Wants the collection agency to stop all
				further communication with the debtor.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 15 - COLLECTION AGENCIES › Section R20-4-1514 - Disclosure of Information to Debtor

Current through Register Vol. 30, No. 28, July 12, 2024
A. Within five days
				after the initial communication with the debtor, a collection agency shall
				obtain and be able to inform the debtor of:
1. The name of the creditor;
2. The time and place of the creation of the
				debt;
3. The merchandise, services,
				or other value provided in exchange for the debt; and
4. The date when the account was turned over
				to the collection agency by the creditor.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 15 - COLLECTION AGENCIES › Section R20-4-1515 - Aiding and Abetting

Current through Register Vol. 30, No. 28, July 12, 2024
A collection agency shall not help or encourage, directly or
				  indirectly, any person to evade or violate any provision of:
1. This Article, or
2. A.R.S. Title 32, Chapter 9.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 15 - COLLECTION AGENCIES › Section R20-4-1516 - Advertising

Current through Register Vol. 30, No. 28, July 12, 2024
A collection agency shall not use any form of communication
				  to state or imply that the collection agency is:
1. Approved, bonded by, or affiliated with
				the state of Arizona;
2. A state
				agency;
3. The director of any
				state agency; or
4. Authorized to
				practice law.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 15 - COLLECTION AGENCIES › Section R20-4-1518 - Agreements with Clients

Current through Register Vol. 30, No. 28, July 12, 2024
A collection agency's records shall document each client's
				  account in writing. The records for an account shall include either a written
				  agreement between the client creditor and the collection agency, or a written
				  direction from the creditor to the collection agency concerning a specific debt
				  placed for collection. The collection agency shall keep records that are
				  specific, easily understood, and unambiguous. A provision of a written
				  agreement or written direction that suggests the collection agency has
				  authority to represent the client in court , or to practice law in any other
				  way , is void and prohibited by this Section. The records for an account shall
				  separately state:
1. The names of the
				parties to the agreement or written direction,
2. The terms or rate of compensation paid to
				the collection agency,
3. The
				length of time the agreement or written direction is intended to be in effect,
				and
4. Any conditions regarding
				collection of a particular debt.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 15 - COLLECTION AGENCIES › Section R20-4-1519 - Licensee Names and Control

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department
				shall not issue a license with a name that is:
1. Similar to, or that may be confused with,
				any federal, state, county, or municipal government function or
				agency;
2. Descriptive of any
				business activity that the applicant does not actually conduct;
3. The same as, or similar to, the name of
				any existing collection agency, or
4. Otherwise deceptive or
				misleading.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 15 - COLLECTION AGENCIES › Section R20-4-1520 - Representations of Collection Agency Employees' Identity or Position

Current through Register Vol. 30, No. 28, July 12, 2024
A. A collection
				agency shall not allow its debt collector, agent, representative, employee, or
				officer to:
1. Misrepresent the person's true
				position with the collection agency;
2. Claim to be, or imply that the person is,
				an attorney unless the person is licensed to practice law;
3. Claim to be, or imply that the person is,
				a public official, peace officer, or any other type of public employee;
				or
4. Claim to be, or imply that
				the person is, any other third party.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 15 - COLLECTION AGENCIES › Section R20-4-1521 - Duty of Investigation

Current through Register Vol. 30, No. 28, July 12, 2024
A collection agency shall give copies of its evidence of the
				  debt to the debtor or the debtor's attorney upon request. After providing the
				  evidence, but before continuing its collection efforts against the debtor, the
				  collection agency shall investigate any claim by the debtor or the debtor's
				  attorney that:
1. The debtor has been
				misidentified,
2. The debt has been
				paid,
3. The debt has been
				discharged in bankruptcy, or
4.
				Based on any other reasonable claim, the debt is not owed.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 16 - ACQUIRING CONTROL OF FINANCIAL INSTITUTIONS › Section R20-4-1601 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions provided in A.R.S. §
									6-141, the following terms apply to
				  this Article unless the context otherwise requires:
"Acquiring party" means a person who intends to acquire
				  control of a bank, trust company, savings and loan association, or controlling
				  person under A.R.S. Title 6, Chapter 1, Article 4.
"Bank" has the meaning stated in A.R.S. §
									6-101.
"Director" has the meaning stated in A.R.S. §
									6-101(7).
"Savings and loan association" means a person required to
				  possess a permit issued by the Director under A.R.S. Title 6, Chapter 3.
"Target company" means a bank, savings and loan association,
				  trust company, or controlling person to be acquired by an acquiring
				  party.
"Trust company" has the meaning stated in A.R.S. §
									6-851.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 16 - ACQUIRING CONTROL OF FINANCIAL INSTITUTIONS › Section R20-4-1602 - Application for Approval to Acquire Control of Financial Institution

Current through Register Vol. 30, No. 28, July 12, 2024
A. An applicant
				seeking approval to acquire control of a bank, savings and loan association, or
				controlling person of a bank or savings and loan association, under A.R.S.
				Title 6, Chapter 1, Article 4, shall file with the Director copies of all
				application documents filed with federal regulatory agencies in connection with
				the planned acquisition of control.
B. As used in this subsection, "executive
				officer" includes the chairman of the board, president, each vice president,
				cashier, secretary, treasurer, and every other person who participates in major
				policymaking functions of the applicant. Under A.R.S. §
									6-145(A), an
				applicant seeking approval to acquire control of a trust company or controlling
				person of a trust company, under A.R.S. Title 6, Chapter 1, Article 4 shall
				supply all information the Director requires under this subsection. The
				Director may require an applicant to supplement or amend its application based
				on issues raised by the initial submission. The initial application shall
				consist of the following items:
1. A copy of
				the signed purchase agreement;
2.
				The applicant's audited financial statement;
3. A personal history statement, on a form
				supplied by the Department, for each executive officer and each director of the
				acquiring party;
4. Each executive
				officer's and each director's personal financial statement;
5. A full set of fingerprints for each
				executive officer and each director; and
6. A copy of each executive officer's and
				each director's driver's license.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 17 - ARIZONA INTERSTATE BANK AND SAVINGS AND LOAN ASSOCIATION ACT › Section R20-4-1701 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions provided in A.R.S. §
									6-321, the following terms apply to
				  this Article unless the context otherwise requires:
"Applicant" means an out-of-state financial institution that
				  intends to acquire control of an in-state financial institution.
"Director" has the meaning stated in A.R.S. §
									6-101(7).
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 17 - ARIZONA INTERSTATE BANK AND SAVINGS AND LOAN ASSOCIATION ACT › Section R20-4-1702 - Notice to the Director of Intent to Acquire Control of an In-state Financial Institution; Surrender of an Acquired Financial Institution's Charter

Current through Register Vol. 30, No. 28, July 12, 2024
A. An applicant
				shall give written notice of an acquisition to the Director in the form of a
				courtesy copy of its federal application. The acquiring entity shall ensure
				that the notice is delivered to the Director not less than ten days before the
				effective date of the acquisition. No other application is required under the
				provisions of A.R.S. Title 6, Chapter 2, Article 7, the Arizona Interstate Bank
				and Savings and Loan Association Act. The Director may impose conditions on an
				acquisition under the authority of A.R.S. §§
									6-324 and
				6-328.
B. An acquired in-state financial institution
				shall surrender, by delivery to the Director, all permits and certificates
				issued by the Director within ten days after the effective date of the
				acquisition unless the acquired institution intends to continue operating,
				after the acquisition, as a stand-alone subsidiary under the authority of its
				existing Arizona banking permit.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 17 - ARIZONA INTERSTATE BANK AND SAVINGS AND LOAN ASSOCIATION ACT › Section R20-4-1704 - Public Notice

Current through Register Vol. 30, No. 28, July 12, 2024
A. An applicant
				shall transmit to the Director one copy of each notice and the publisher's
				affidavit of publication required by the Federal Reserve Board, the Federal
				Deposit Insurance Corporation, or other regulatory authority that has
				concurrent jurisdiction.
B. An
				applicant shall provide the Director copies of any protests known to have been
				received by the Federal Reserve Board, the Federal Deposit Insurance
				Corporation, or other regulatory authority that has concurrent
				jurisdiction.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 18 - MORTGAGE BANKERS › Section R20-4-1801 - Exemption for an Entity Regulated by an Agency of This State, Other States, or by the United States

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				exemption under A.R.S. §
									6-942(A)(1)
				 only applies to a person whose offers to
				make or negotiate a "mortgage banking loan" or a "mortgage loan," as those
				terms are defined in A.R.S. §
									6-941, and all
				mortgage banking loans and mortgage loans made or negotiated by the person are
				regulated directly by an agency of this state, any other state, or the United
				States.
B. The required regulation
				of the transactions listed in subsection (A) includes:
1. Rules governing a claimant's accounting
				and recordkeeping practices;
2. The
				authority to examine a claimant's books and records relating to its mortgage
				banking activities or mortgage lending activities, or both; and
3. The ability to place a claimant in a
				receivership or conservatorship with regard to the claimant's mortgage banking
				activities, mortgage lending activities, or both.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 18 - MORTGAGE BANKERS › Section R20-4-1802 - Equivalent and Related Experience

Current through Register Vol. 30, No. 28, July 12, 2024
A. An applicant may satisfy the three years'
				experience requirement of A.R.S. §
									6-943
				by the types of lending-related experience listed in this subsection. The
				Department counts each month in the following types of work experience toward
				the three years required either for a mortgage banker license, or as a
				responsible individual, both under A.R.S. §
									6-943(C).
				The Department counts a fractional month of experience, at least 15 days long,
				as a full month.
1. Mortgage banker with an
				Arizona license, responsible individual, or branch manager for a
				licensee;
2. Mortgage broker with
				an Arizona license, responsible individual, or branch manager for a
				licensee;
3. Loan officer with
				responsibility primarily for loans secured by lien interests on real
				property;
4. Lender's branch
				manager with responsibility primarily for loans secured by lien interests on
				real property;
5. Mortgage banker
				with license from another state, or responsible individual for the mortgage
				banker;
6. Mortgage broker with
				license from another state, or responsible individual for the mortgage
				broker;
7. Attorney certified by
				any state as a real estate specialist.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 18 - MORTGAGE BANKERS › Section R20-4-1803 - Restrictions on the Term of a Cash Alternative to a Surety Bond

Current through Register Vol. 30, No. 28, July 12, 2024
A licensee or applicant shall not place a certificate of
				  deposit or investment certificate as a cash alternative to a surety bond with
				  the Superintendent that is renewable or expires earlier than 12 months from the
				  date of issuance.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 18 - MORTGAGE BANKERS › Section R20-4-1804 - Requirements for a Person Intended to Oversee a Branch Office

Current through Register Vol. 30, No. 28, July 12, 2024
A person designated to oversee the operations of a branch
				  office shall be knowledgeable about the branch activities of the licensee,
				  supervise compliance by the branch with applicable law and rules, and have
				  sufficient authority to ensure such compliance. One person may oversee more
				  than one branch.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 18 - MORTGAGE BANKERS › Section R20-4-1805 - Notification of Change of Address

Current through Register Vol. 30, No. 28, July 12, 2024
If a licensee changes the licensee's principal place of
				  business, or the location of a branch office, the licensee shall notify the
				  Superintendent at least five business days before the address change. With the
				  notice, a licensee shall provide the Superintendent with the license for the
				  office changing its address and the fee required by A.R.S. §
									6-126
				  for changing an office address. A copy of the license shall continue to be
				  displayed at the place of business until a new license is
				  issued.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 18 - MORTGAGE BANKERS › Section R20-4-1806 - Recordkeeping Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Superintendent shall approve a licensee's use of a computer or mechanical
				recordkeeping system if the licensee gives the Superintendent advanced written
				notice that it intends to do so. The Department shall not require a licensee to
				keep a written copy of the records if the licensee can generate all information
				required by this Section in a timely manner for examination or other purposes.
				A licensee may add, delete, modify, or customize an approved computer or
				mechanical recordkeeping system's hardware or software components. When
				requested, or in response to a written notice of an examination, a licensee
				shall report to the Superintendent any alteration in the approved system's
				fundamental character, medium, or function if the alteration changes:
1. Any approved computer or mechanical system
				back to a paper-based system; or
2.
				An approved mechanical system to a computer system; or
3. An approved computer system to a
				mechanical system.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 18 - MORTGAGE BANKERS › Section R20-4-1807 - Providing Copies of Records

Current through Register Vol. 30, No. 28, July 12, 2024
For each loan closed in an Arizona mortgage broker's name
				  with a concurrent assignment of beneficial interest to a mortgage banker, the
				  mortgage banker licensee shall provide to the mortgage broker in whose name the
				  loan closed a copy of:
1. The closing
				instructions;
2. Any applicable
				rescission notice;
3. The HUD-1
				settlement statement;
4. The final
				truth-in-lending disclosure;
5. The
				note;
6. The executed deed of trust
				or mortgage; and
7. Each assignment
				of beneficial interest by the mortgage banker licensee.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 18 - MORTGAGE BANKERS › Section R20-4-1808 - Authorization to Complete Blank Spaces

Current through Register Vol. 30, No. 28, July 12, 2024
An authorization, under A.R.S. §
									6-947, allowing a
				  licensee or escrow agent to complete certain blank spaces in a document after
				  it is signed by a party to the transaction shall:
1. Specifically identify the document and the
				blank spaces to be completed;
2. Be
				in writing, dated, and signed by the authorizing parties, and
3. Contain the following notice,
				conspicuously printed on its face: YOUR SIGNATURE BELOW AUTHORIZES YOUR
				MORTGAGE BANKER OR ESCROW AGENT TO FILL IN SPACES YOU LEFT BLANK IN SPECIFIED
				LOAN DOCUMENTS YOU ARE ABOUT TO SIGN OR MAY HAVE ALREADY SIGNED. UNDER STATE
				LAW YOU CAN GIVE THIS AUTHORITY, BUT YOU ARE NOT REQUIRED TO DO SO. YOU CAN
				REFUSE TO SIGN ANY DOCUMENTS UNTIL ALL BLANKS ARE COMPLETELY FILLED
				IN.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 18 - MORTGAGE BANKERS › Section R20-4-1809 - Determining Loan Amounts

Current through Register Vol. 30, No. 28, July 12, 2024
The amount of a mortgage banking loan or a mortgage loan
				  under A.R.S. §
									6-947(E)
				   or
				  6-947(K),
				  is the principal amount of the loan and does not include any points, interest,
				  finance charges, insurance premiums of any kind, compensation paid to third
				  parties, or compensation retained by a mortgage banker or its
				  agents.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 18 - MORTGAGE BANKERS › Section R20-4-1810 - Delay or Cause Delay

Current through Register Vol. 30, No. 28, July 12, 2024
A mortgage banker does not delay or cause delay if the delay
				  occurs due to events outside the control of the mortgage
				  banker.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 18 - MORTGAGE BANKERS › Section R20-4-1811 - Impound Account

Current through Register Vol. 30, No. 28, July 12, 2024
The total of all funds retained by a mortgage banker from all
				  periodic payments made by a borrower to maintain a cushion, as defined in
				  R20-4-102,
				  shall not exceed 1/6th of the estimated total annual payments from the impound
				  account.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 18 - MORTGAGE BANKERS › Section R20-4-1812 - Acquisition of Additional Interest in Licensee by Majority Owner

Current through Register Vol. 30, No. 28, July 12, 2024
A person that owns 51% or more of a licensee's outstanding
				  voting equity interests, and that acquires the power to vote additional
				  fractional equity interests, shall deliver written notice of the acquisition to
				  the Superintendent. The person shall deliver the notice before completing the
				  acquisition. Within 10 days after completing the acquisition, the person shall
				  deliver documentation evidencing the acquisition to the
				  Superintendent.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 18 - MORTGAGE BANKERS › Section R20-4-1813 - Conversion to Mortgage Broker License

Current through Register Vol. 30, No. 28, July 12, 2024
Under A.R.S. §
									6-949
				  to apply for a conversion from a mortgage banker license to a mortgage broker
				  license, the applicant shall submit during the renewal period all applicable
				  renewal documents and renewal fees required by A.R.S. §§
									6-126
				  and
				  6-903
				  for mortgage brokers.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 19 - COMMERCIAL MORTGAGE BANKERS › Section R20-4-1901 - Exemption for an Institutional Investor

Current through Register Vol. 30, No. 28, July 12, 2024
A. The exemption from the licensure
				requirement for an institutional investor, solely as that term is used in
				A.R.S. §§
									6-971,
				6-972, and this
				Article, applies only if a person claiming the exemption meets all the
				following criteria:
1. The claimant
				originates or directly or indirectly makes, negotiates, or offers to make or
				negotiate commercial mortgage loans that are all exclusively funded by the
				claimant's own resources, as defined in A.R.S. §
										6-971;
2. The claimant does so in the regular course
				of business;
3. The claimant makes
				only commercial mortgage loans, as defined in A.R.S. §
										6-971;
4. The claimant makes each loan on the
				security of commercial property, as defined in A.R.S. §
										6-971; and
5. The claimant makes only loans of more than
				$250,000.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 19 - COMMERCIAL MORTGAGE BANKERS › Section R20-4-1902 - Exemption for an Entity Regulated by an Agency of This State, Other States, or by the United States

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				exemption under A.R.S. §
									6-972(9)
				 only applies to a person whose offers to
				make or negotiate a "commercial mortgage loan," as that term is defined in
				A.R.S. §
									6-971, and all
				commercial mortgage loans made or negotiated by the person are regulated
				directly by an agency of this state, any other state, or the United
				States.
B. The required regulation
				of the transactions listed in subsection (A) includes:
1. Rules governing a claimant's accounting
				and recordkeeping practices;
2. The
				authority to examine a claimant's books and records relating to its commercial
				mortgage lending activities;
3. The
				ability to place a claimant in a receivership or conservatorship with regard to
				the claimant's commercial mortgage lending activities.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 19 - COMMERCIAL MORTGAGE BANKERS › Section R20-4-1903 - Equivalent and Related Experience

Current through Register Vol. 30, No. 28, July 12, 2024
A. An applicant may satisfy the three years'
				experience requirement of A.R.S. §
									6-973
				by the types of lending-related experience listed in this subsection. The
				Department counts each month in the following types of work experience towards
				the three years required either for a commercial mortgage banker license, or as
				a responsible individual, both under A.R.S. §
									6-973(D).
				The Department counts a fractional month of experience, at least 15 days long,
				as a full month.
1. Commercial mortgage
				banker with an Arizona license, or Responsible Individual or branch manager for
				a licensee;
2. Mortgage broker with
				Arizona license, or Responsible Individual or branch manager for a
				licensee;
3. Mortgage banker with
				an Arizona license, or Responsible Individual or branch manager for a
				licensee;
4. Loan officer, with
				responsibility primarily for loans secured by lien interests on commercial real
				property;
5. Lender's branch
				manager, with responsibility primarily for loans secured by lien interests on
				commercial real property;
6.
				Commercial mortgage banker with license from another state, or Responsible
				Individual for the commercial mortgage banker;
7. Mortgage broker with license from another
				state, or Responsible Individual for the mortgage broker;
8. Mortgage banker with license from another
				state, or responsible individual for the mortgage banker;
9. Attorney certified by any state as a real
				estate specialist.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 19 - COMMERCIAL MORTGAGE BANKERS › Section R20-4-1904 - Restrictions on the Term of a Cash Alternative to a Surety Bond

Current through Register Vol. 30, No. 28, July 12, 2024
A licensee or applicant shall not place a certificate of
				  deposit or investment certificate as a cash alternative to a surety bond with
				  the Superintendent that is renewable or expires earlier than 12 months from the
				  date of issuance.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 19 - COMMERCIAL MORTGAGE BANKERS › Section R20-4-1905 - Requirements for a Person Intended to Oversee a Branch Office

Current through Register Vol. 30, No. 28, July 12, 2024
A Person designated to oversee the operations of a branch
				  office shall be knowledgeable about the branch activities of the licensee,
				  supervise compliance by the branch with applicable law and rules, and have
				  sufficient authority to ensure such compliance. One Person may oversee more
				  than one branch.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 19 - COMMERCIAL MORTGAGE BANKERS › Section R20-4-1906 - Notification of Change of Address

Current through Register Vol. 30, No. 28, July 12, 2024
If a licensee changes the licensee's principal place of
				  business, or the location of a branch office, the licensee shall notify the
				  Superintendent within five business days after the address change. With the
				  notice, a licensee shall provide the Superintendent with the license for the
				  office changing its address and the fee required by A.R.S. §
									6-126
				  for changing an office address. A copy of the license shall continue to be
				  displayed at the place of business until a new license is
				  issued.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 19 - COMMERCIAL MORTGAGE BANKERS › Section R20-4-1907 - Recordkeeping Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Superintendent shall approve a licensee's use of a computer or mechanical
				recordkeeping system if the licensee gives the Superintendent advanced written
				notice that it intends to do so. The Department shall not require a licensee to
				keep a written copy of the records if the licensee can generate all information
				required by this Section in a timely manner for examination or other purposes.
				A licensee may add, delete, modify, or customize an approved computer or
				mechanical recordkeeping system's hardware or software components. When
				requested, or in response to a written notice of an examination, a licensee
				shall report to the Superintendent any material alteration in the approved
				system's fundamental character, medium, or function if the alteration changes:
1. Any approved computer or mechanical system
				back to a paper-based system; or
2.
				An approved mechanical system to a computer system; or
3. An approved computer system to a
				mechanical system.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 19 - COMMERCIAL MORTGAGE BANKERS › Section R20-4-1908 - Impound Accounts

Current through Register Vol. 30, No. 28, July 12, 2024
The total of all funds, if any, retained by the commercial
				  mortgage banker from all periodic payments made by the borrower to maintain a
				  Cushion, as defined in
				  R20-4-102,
				  is limited only by the written agreement of the parties, if at
				  all.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 19 - COMMERCIAL MORTGAGE BANKERS › Section R20-4-1909 - Authorization to Complete Blank Spaces

Current through Register Vol. 30, No. 28, July 12, 2024
An authorization, under A.R.S. §
									6-984, allowing a
				  licensee or escrow agent to complete certain blank spaces in a document after
				  it is signed by a party to the transaction shall:
1. Specifically identify the document and the
				blank spaces to be completed;
2. Be
				in writing, dated, and signed by the authorizing party, and
3. Contain the following notice,
				conspicuously printed on its face: YOUR SIGNATURE BELOW AUTHORIZES YOUR
				COMMERCIAL MORTGAGE BANKER OR ESCROW AGENT TO FILL IN SPACES YOU LEFT BLANK IN
				SPECIFIED LOAN DOCUMENTS YOU ARE ABOUT TO SIGN OR MAY HAVE ALREADY SIGNED.
				UNDER STATE LAW YOU CAN GIVE THIS AUTHORITY, BUT YOU ARE NOT REQUIRED TO DO SO.
				YOU CAN REFUSE TO SIGN ANY DOCUMENTS UNTIL ALL BLANKS ARE COMPLETELY FILLED
				IN.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 19 - COMMERCIAL MORTGAGE BANKERS › Section R20-4-1910 - Delay or Cause Delay

Current through Register Vol. 30, No. 28, July 12, 2024
A commercial mortgage banker does not delay or cause delay if
				  the delay occurs due to events outside the control of the commercial mortgage
				  banker.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 04 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - FINANCIAL INSTITUTIONS › Article 19 - COMMERCIAL MORTGAGE BANKERS › Section R20-4-1911 - Acquisition of Additional Interest in Licensee by Majority Owner

Current through Register Vol. 30, No. 28, July 12, 2024
A person that owns 51% or more of a licensee's outstanding
				  voting equity interests, and that acquires the power to vote additional
				  fractional equity interests, shall deliver written notice of the acquisition to
				  the Superintendent. The person shall deliver the notice before completing the
				  acquisition. Within 10 days after completing the acquisition, the person shall
				  deliver documentation evidencing the acquisition to the
				  Superintendent.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-101 - Application of the Article; Notice of Rules; Part of Record

Current through Register Vol. 30, No. 28, July 12, 2024
A. This Article
				applies to all actions and proceedings before the Commission resulting from:
1. Injuries that occurred on or after January
				1, 1969;
2. Petitions to Reopen or
				Petitions for Readjustment or Rearrangement of Compensation filed on or after
				that date; and
3. Requests for
				hearing under A.R.S. §§
										23-907(H),
				(I), and (J).
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-102 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In this Article, unless the context otherwise
				  requires:
"Act" means the Arizona Workers' Compensation Act, A.R.S.
				  Title 23, Ch. 6, Articles 1 through 11.
"Authorized representative" means an individual authorized by
				  law to act on behalf of a party who files with the Commission a written
				  instrument advising of the individual's authority to act on behalf of the
				  party.
"Carrier" or "insurance carrier" means the state compensation
				  fund and every insurance carrier authorized by the Arizona Department of
				  Insurance to underwrite workers' compensation insurance in Arizona.
"Claimant" means an employee who files a claim for workers'
				  compensation.
"Filing" means actual receipt of a report, document,
				  instrument, videotape, audiotape, or other written matter at a Commission
				  office during office hours as set forth in
				  R20-5-103.
"Physician" means a licensed physician or other licensed
				  practitioner of the healing arts.
"Self-insured employer" means an employer or workers'
				  compensation pool granted authority by the Commission to self- insure for
				  workers' compensation.
"Uninsured employer" or "noncomplying employer" means an
				  employer that is subject to and fails to comply with A.R.S. §§
									23-961
				  or
				  23-962.
"Working days" means all days except Saturdays, Sundays, and
				  state legal holidays.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-103 - Location of Industrial Commission Offices and Office Hours

Current through Register Vol. 30, No. 28, July 12, 2024
The main office of the Industrial Commission of Arizona is
				  located in Phoenix, Arizona. An office is also located in Tucson, Arizona. The
				  offices are open for business from 8:00 a.m. until 5:00 p.m. every day except
				  Saturdays, Sundays, and state legal holidays.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-104 - Address of Claimant and Uninsured Employer

Current through Register Vol. 30, No. 28, July 12, 2024
A. A claimant shall advise the Commission and
				carrier or self-insured employer of the claimant's current mailing address and
				place of residence. If a claimant files a workers' compensation claim against
				an uninsured employer, the claimant shall advise the special fund division of
				the claimant's current mailing address and place of residence.
B. An uninsured employer against whom a
				claimant files a workers' compensation claim shall advise the special fund
				division of the uninsured employer's current mailing address and place or
				places of residence.
C. Providing
				the address of a claimant's or uninsured employer's attorney or authorized
				representative is not sufficient to meet the requirements of this
				Section.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-105 - Filing Requirements; Time for Filing; Computation of Time; Response to Motion

Current through Register Vol. 30, No. 28, July 12, 2024
A. A report,
				document, instrument, videotape, audiotape, or other written matter required to
				be filed with the Commission under A.R.S. §
									23-901
				et seq. and this Article shall be filed at a Commission office within the time
				required by law and this Article.
B. For purposes of computing time under this
				Article, the following applies:
1. The
				Commission shall not include in the computation of time the day of the act or
				event from which the designated period begins to run.
2. The Commission shall include in the
				computation of time the last day of the designated period, unless the last day
				is a Saturday, Sunday, or state legal holiday, in which event the period runs
				until the end of the next day that is not a Saturday, Sunday, or state legal
				holiday.
3. If this Article or
				other law requires that a report, document, instrument, videotape, audiotape,
				or other written matter be filed within a designated period of time before
				hearing, the Commission shall not include the day of the act or event from
				which the designated period of time begins to run. The Commission shall include
				the last day of the designated period unless that day is a Saturday, Sunday, or
				state legal holiday, in which event the period runs to the end of the next day
				that is not a Saturday, Sunday, or state legal holiday.
4. If the period of time prescribed is less
				than 11 days, the Commission shall not include intermediate Saturdays, Sundays,
				or state legal holidays in the computation of time.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-106 - Commission Forms

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				following forms shall be used when applicable:
1. Employer's report of industrial injury
				(form 101) shall contain:
a. Employee,
				employer, and carrier identification;
b. Description of employment;
c. Description of accident and
				injury;
d. Description of medical
				treatment received by employee;
e.
				Employee's wage data;
f. Date,
				signature, and title of employer or the employer's representative;
				and
g. Statement doubting the
				validity of the claim, if the employer doubts the validity of the
				claim.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-107 - Manner of Completion of Forms and Documents

Current through Register Vol. 30, No. 28, July 12, 2024
A. An individual completing a form or
				document shall fill out the form or document legibly in ink or by
				typewriter.
B. A party or a party's
				authorized representative shall sign any form or document that is required by
				the Act, this Article, or other law to be signed.
C. Unless otherwise provided in this Article,
				if a party is required to sign a form or document, the Commission shall not
				accept a typewritten name or stamped signature.
D. If, within the time period prescribed by
				law, a party files an incomplete form or document, or files an instrument other
				than a form or document when a form or document is required, the Commission
				shall serve notice to the party that the form or document fails to comply with
				this Section. The Commission deems the report or document timely filed if the
				party files a properly completed and signed form or document within 14 days
				after the Commission serves the notice described in this subsection.