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Final 2014 IndyBar Bill Watch Report: Commercial & Bankruptcy Law-Related Legislation - Commercial & Bankruptcy Law News

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Commercial & Bankruptcy Law News


Posted on: Apr 2, 2014

Please see below for the latest Bill Watch report concerning commercial and bankruptcy law-related legislation. This will be the final weekly report as Governor Pence has conducted his final review of all of the bills placed on his desk. The Governor has signed all bills, except for one that will become law without his signature.

SB334 MORTGAGE LENDING (WALKER G)
Provides that a federal savings bank that is exempt from the Indiana statute concerning the licensing of creditors in first lien mortgage transactions may voluntarily register with the department of financial institutions (department) for the purpose of sponsoring, under an exclusive written agreement, licensed mortgage loan originators as independent agents if the federal savings bank does the following: (1) Assumes responsibility for and reasonably supervises the activities of the licensed mortgage loan originators. (2) Complies with certain requirements under the statute concerning: (A) registering with the Nationwide Mortgage Licensing System and Registry (NMLSR); (B) maintaining a surety bond; (C) submitting reports to the NMLSR; and (D) filing financial statements with the department. (3) Cooperates with the department, and provides access to records and documents, as required by the department to examine the activities of the licensed mortgage loan originators. (4) Agrees to comply as the director of the department determines necessary to ensure that the activities of the licensed mortgage loan originators comply with specified federal law and with Indiana law. Provides that a licensed loan originator sponsored by a federal savings bank under the provisions must: (1) hold a valid insurance producer license; and (2) sell, solicit, or negotiate insurance exclusively for a licensed insurance company that is a subsidiary of the federal savings bank's parent company. Makes conforming amendments to similar provisions in the Uniform Consumer Credit Code concerning the licensing of creditors in subordinate lien mortgage transactions.
Current Status: 3/25/2014 - SIGNED BY GOVERNOR

SB394 CONSUMER PROTECTION (BRAY R)
Makes various changes to consumer protection provisions enforced by the attorney general, including: (1) enforcement of investigative demands by the attorney general; (2) acceptance of written assurance of voluntary compliance for certain violations concerning nonprofit corporations; and (3) changes to the definition of "consumer transaction" and to acts, omissions, and practices by a supplier that are prohibited in connection with consumer transactions for purposes of the deceptive consumer sales law.
Current Status: 3/24/2014 - SIGNED BY GOVERNOR


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