As Reported by the House Financial Institutions Committee      1            

122nd General Assembly                                             4            

   Regular Session                            Sub. H. B. No. 522   5            

      1997-1998                                                    6            


     REPRESENTATIVES SCHULER-GARCIA-MOTTLEY-MILLER-SALERNO-        8            

             VERICH-WILSON-HOUSEHOLDER-HAINES-MYERS                9            


                                                                   11           

                           A   B I L L                                          

             To amend sections 1155.08, 1163.11, 1322.01,          13           

                1322.02, 1322.03, 1322.04, 1322.10, and 1322.101,  14           

                to enact new section 1322.05, and to repeal        16           

                section 1322.05 of the Revised Code to modify the  18           

                registration requirements of mortgage brokers; to  20           

                require that mortgage loans be originated from a   21           

                location at which the mortgage  broker             22           

                registration certificate is maintained; to         23           

                require that a mortgage  broker business location  24           

                be in this state; to eliminate the net worth       25           

                requirements  of mortgage brokers and to           27           

                substitute certain surety bond requirements; to    28           

                specify fines to be charged for a violation of a   29           

                law or rule adopted under the Mortgage Broker      30           

                Law; to eliminate the requirement that the board   32           

                of directors or auditing committee  of a savings   33           

                and loan association or savings bank attest to     34           

                the contents  of annual and semiannual reports     36           

                filed with the Superintendent of  Financial        37           

                Institutions; and to eliminate the requirement     38           

                that a savings and  loan association or savings    39           

                bank publish its annual statement of assets and    40           

                liabilities in a local  newspaper.                 42           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        44           

      Section 1.  That sections 1155.08, 1163.11, 1322.01,         46           

                                                          2      

                                                                 
1322.02, 1322.03, 1322.04, 1322.10, and 1322.101 be amended and    48           

new section 1322.05 of the Revised Code be enacted to read as      50           

follows:                                                                        

      Sec. 1155.08.  (A)(1)  The annual and semiannual reports     59           

required from a building SAVINGS and loan association by section   60           

1155.07 of the Revised Code shall be in such A form and contain    62           

such information as THAT is prescribed by the superintendent of    64           

building and loan associations.  They shall be sworn to by the     66           

managing officer of the association to the best of his knowledge   68           

and belief, and their correctness may be attested to by at least   69           

three of its directors or an auditing committee appointed by its                

board of directors FINANCIAL INSTITUTIONS.  The original annual    70           

and semiannual reports shall be filed with the superintendent      72           

within thirty days after the close of the respective half year.    73           

The annual statement of assets and liabilities shall be published  74           

in a newspaper or periodical, regularly issued and of general      75           

circulation in the county in which such association is located.    76           

A                                                                               

      (2)  A copy of the ANNUAL statement as published OF          79           

CONDITION shall be available for public inspection on demand at    81           

the association's place of business.                                            

      (B)  All monthly reports which may be required by the        83           

superintendent shall be filed by the tenth day of the succeeding   84           

month.                                                             85           

      (C)  When an association is in process of liquidation, the   87           

liquidating officers shall make all reports to the superintendent  88           

that are required by law from solvent associations.                89           

      Sec. 1163.11.  (A)(1)  The annual and semiannual reports     98           

required from a savings bank by section 1163.09 of the Revised     99           

Code shall be in a form and contain information that is            100          

prescribed by the superintendent of savings banks, they shall be   101          

sworn to by the managing officer of the savings bank to the best   102          

of his knowledge and belief, and their correctness may be          104          

attested to by at least three of its directors or an auditing      105          

                                                          3      

                                                                 
committee appointed by its board of directors FINANCIAL                         

INSTITUTIONS.  The original annual and semiannual reports shall    107          

be filed with the superintendent within thirty days after the      108          

close of the respective half year.  The annual statement of        109          

assets and liabilities shall be published in a newspaper or        110          

periodical, regularly issued and of general circulation in the     111          

county in which the savings bank is located.  A                    112          

      (2)  A copy of the ANNUAL statement as published OF          116          

CONDITION shall be available for public inspection on demand at    117          

the savings bank's place of business.                              118          

      (B)  All monthly reports that may be required by the         120          

superintendent shall be filed by the tenth day of the succeeding   121          

month.                                                             122          

      (C)  When a savings bank is in process of liquidation, the   124          

liquidating officers shall make all reports to the superintendent  125          

that are required by law from solvent savings banks.               126          

      Sec. 1322.01.  As used in sections 1322.01 to 1322.12 of     135          

the Revised Code:                                                               

      (A)  "Buyer" means an individual who is solicited to         137          

purchase or who purchases the services of a mortgage broker for    138          

purposes other than obtaining a business loan as described in      139          

division (B)(6) of section 1343.01 of the Revised Code.            140          

      (B)  "Consumer reporting agency" has the same meaning as in  142          

the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A.        143          

1681a, as amended.                                                 144          

      (C)  "Mortgage" means any indebtedness secured by a deed of  146          

trust, security deed, or other lien on real property.              147          

      (D)  "Mortgage banker" means any person that makes,          149          

services, or buys and sells mortgage loans, and is approved as a   150          

direct endorsement lender REQUIRED TO SUBMIT AUDITED FINANCIAL     153          

STATEMENTS TO, AND IS SUBJECT TO A POSSIBLE AUDIT by, the United   156          

States department of housing and urban development, the United     157          

States department of veterans affairs, the federal national        158          

mortgage association, the federal home loan mortgage corporation,  159          

                                                          4      

                                                                 
OR the government national mortgage association, or an approved    160          

correspondent with the United States department of housing and     161          

urban development.                                                              

      (E)  "Mortgage broker" means a person that, in the regular   163          

course of business, holds himself, herself, or itself THAT PERSON  165          

out as being able to assist a buyer in obtaining a mortgage and    166          

charges or receives money or other valuable consideration readily  168          

convertible into money for providing this assistance.  "Mortgage   169          

broker" does not include any of the following:                     170          

      (1)  A person that makes or collects loans, to the extent    172          

these activities are subject to licensure or registration by this  173          

state;                                                             174          

      (2)  A lender approved by the United States secretary of     176          

housing and urban development for participation in a mortgage      177          

insurance program under the "National Housing Act," 48 Stat. 1246  178          

(1934), 12 U.S.C.A. 1701, as amended;                              179          

      (3)  A bank, savings bank, or savings and loan association,  181          

or a subsidiary or an affiliate of a bank, savings bank, or        182          

savings and loan association.  For purposes of division (E)(3) of  184          

this section, "affiliate" has the same meaning as in division (A)  185          

of section 1101.01 of the Revised Code, and "bank," as used in     186          

division (A) of section 1101.01 of the Revised Code, is deemed to  187          

include a savings bank or savings and loan association.            188          

      (4)  A credit union organized and qualified under Chapter    190          

1733. of the Revised Code or the "Federal Credit Union Act," 84    191          

Stat. 994 (1970), 12 U.S.C.A. 1751, as amended;                    192          

      (5)  A budget and debt counseling service, as defined in     194          

division (D) of section 2716.03 of the Revised Code, provided      195          

that the service is a nonprofit organization exempt from taxation  196          

under section 501(c)(3) of the "Internal Revenue Code of 1986,"    197          

100 Stat. 2085, 26 U.S.C.A. 501, as amended, and that the service  198          

is in compliance with Chapter 4710. of the Revised Code;           199          

      (6)  A consumer reporting agency that is in substantial      201          

compliance with the "Fair Credit Reporting Act," 84 Stat. 1128,    202          

                                                          5      

                                                                 
15 U.S.C.A. 1681a, as amended;                                     203          

      (7)  A mortgage banker;                                      205          

      (8)  Any political subdivision, or any governmental or       207          

other public entity, corporation, or agency, in or of the United   208          

States or any state of the United States;                          209          

      (9)  A college or university, or controlled entity of a      211          

college or university, as defined in section 1713.05 of the        212          

Revised Code.                                                      213          

      (F)  "Registrant" means any person that has been issued a    216          

certificate of registration under sections 1322.01 to 1322.12 of   217          

the Revised Code.                                                  218          

      (G)  "Superintendent of financial institutions" includes     220          

the deputy superintendent for consumer finance as provided in      221          

section 1181.21 of the Revised Code.                               222          

      Sec. 1322.02.  (A)  No person, on the person's own behalf    231          

or on behalf of any other person, shall act as a mortgage broker   234          

without first having obtained a certificate of registration from   235          

the superintendent of financial institutions for the person's      236          

main office and for every other office to be maintained by the     238          

person for the transaction of business as a mortgage broker in     239          

this state.  A REGISTRANT SHALL MAINTAIN AN OFFICE LOCATION IN     241          

THIS STATE FOR THE TRANSACTION OF BUSINESS AS A MORTGAGE BROKER    243          

IN THIS STATE.                                                                  

      (B)  NO REGISTRANT OR EMPLOYEE OF A REGISTRANT SHALL         245          

ORIGINATE A MORTGAGE LOAN, UNLESS THE MORTGAGE LOAN IS ORIGINATED  246          

AT A LOCATION WHERE THE REGISTRANT'S CERTIFICATE OF REGISTRATION   247          

IS MAINTAINED, AND WHERE THE REGISTRANT OR THE EMPLOYEE OF THE     248          

REGISTRANT REGULARLY TRANSACTS MORTGAGE BROKER BUSINESS.           249          

      (C)  NO PERSON SHALL ORIGINATE MORTGAGE LOANS FOR A          252          

REGISTRANT, UNLESS THAT PERSON IS AN EMPLOYEE OF THE REGISTRANT.   253          

      (D)  AS USED IN THIS SECTION:                                255          

      (1)  "EMPLOYEE" MEANS A PERSON WHO MAY BE REQUIRED OR        257          

DIRECTED BY A REGISTRANT TO ORIGINATE MORTGAGE LOANS IN            258          

CONSIDERATION OF DIRECT OR INDIRECT GAIN OR PROFIT.  "EMPLOYEE"    259          

                                                          6      

                                                                 
DOES NOT INCLUDE AN INDEPENDENT CONTRACTOR OR ANY PERSON WHO HAS   260          

A SIMILAR EMPLOYMENT RELATIONSHIP WITH A MORTGAGE BROKER.          261          

      (2)  "ORIGINATE" MEANS ANY OF THE FOLLOWING:                 263          

      (a)  TO NEGOTIATE OR ARRANGE, OR TO OFFER TO NEGOTIATE OR    266          

ARRANGE, A MORTGAGE LOAN BETWEEN A PERSON THAT MAKES OR FUNDS                   

MORTGAGE LOANS AND A BUYER;                                        267          

      (b)  TO ISSUE A COMMITMENT FOR A MORTGAGE LOAN TO A BUYER;   270          

      (c)  TO PLACE, ASSIST IN PLACEMENT, OR FIND A MORTGAGE LOAN  273          

FOR A BUYER.                                                                    

      Sec. 1322.03.  (A)  An application for a certificate of      283          

registration as a mortgage broker shall be in writing, under       284          

oath, and in the form prescribed by the superintendent of          285          

financial institutions.  The application shall be accompanied by   287          

an application fee of three hundred fifty dollars for each                      

location of an office to be maintained by the applicant IN         288          

ACCORDANCE WITH DIVISION (A) OF SECTION 1322.02 OF THE REVISED     289          

CODE and shall provide all of the following:                       290          

      (1)  The location or locations where the business is to be   292          

transacted and whether any location is a residence.  If any        293          

location where the business is to be transacted is a residence,    294          

the application shall be accompanied by a certified copy of a      295          

zoning permit authorizing the use of the residence for commercial  296          

purposes, or shall be accompanied by a written opinion or other    297          

document issued by the county or political subdivision where the   298          

residence is located certifying that the use of the residence to   299          

transact business as a mortgage broker is not prohibited by the    300          

county or political subdivision.  THE APPLICATION ALSO SHALL BE    302          

ACCOMPANIED BY A PHOTOGRAPH OF EACH LOCATION AT WHICH THE          303          

BUSINESS WILL BE TRANSACTED.                                                    

      (2)(a)  In the case of a sole proprietor, the name and       305          

address of the sole proprietor;                                    306          

      (b)  In the case of a partnership, the name and address of   309          

each partner;                                                                   

      (c)  In the case of a corporation, the name and address of   312          

                                                          7      

                                                                 
each shareholder owning five per cent or more of the corporation;  313          

      (d)  IN THE CASE OF ANY OTHER ENTITY, THE NAME AND ADDRESS   316          

OF ANY PERSON THAT OWNS FIVE PER CENT OR MORE OF THE ENTITY THAT   317          

WILL TRANSACT BUSINESS AS A MORTGAGE BROKER.                                    

      (3)(a)  If the applicant is a partnership, the applicant     319          

shall designate one of the partners named in the application       322          

pursuant to division (A)(2)(b) of this section as responsible for  323          

managing the operations of the location or locations where THE     324          

business is to be transacted.                                                   

      (b)  If the applicant is a corporation, the applicant shall  327          

designate one of the shareholders named in the application         329          

pursuant to division (A)(2)(c) of this section as responsible for  330          

managing the operations of the location or locations where THE     331          

business is to be transacted.                                                   

      (c)  IF THE APPLICANT IS ANY OTHER ENTITY, THE APPLICANT     334          

SHALL DESIGNATE A NATURAL PERSON THAT OWNS FIVE PER CENT OR MORE   335          

OF THE ENTITY THAT WILL TRANSACT BUSINESS AS A MORTGAGE BROKER AS  336          

RESPONSIBLE FOR MANAGING THE OPERATIONS OF THE LOCATION OR         337          

LOCATIONS WHERE THE BUSINESS IS TO BE TRANSACTED.                  338          

      (4)  Evidence that at least one of the following applies to  340          

the sole proprietor, partner, or shareholder, OR NATURAL PERSON    342          

designated on the application pursuant to division (A)(3) of this  343          

section as responsible for managing the operations of the          345          

location or locations where the business is to be transacted:      346          

      (a)  The  EXCEPT AS PROVIDED IN DIVISION (D)(2) OF THIS      348          

SECTION, THE sole proprietor, partner, or shareholder, OR NATURAL  350          

PERSON has earned at least an associate's ASSOCIATE degree in an   351          

area relating to finance, banking, or business administration,     352          

and the degree was earned at an accredited college or university,  353          

including an accredited community or technical college.            354          

      (b)  The sole proprietor, partner, or shareholder, OR        356          

NATURAL PERSON possesses at least three years of experience in     358          

the mortgage and lending field, which experience may include       359          

employment with or as a mortgage broker or with a financial        361          

                                                          8      

                                                                 
institution, mortgage lending institution, or other lending        362          

institution, or possesses at least three years of other                         

experience RELATED SPECIFICALLY TO THE BUSINESS OF MORTGAGE LOANS  363          

that the superintendent determines meets the requirements of       364          

division (A)(4)(b) of this section.  Evidence of experience        366          

submitted with the application may include letters of employment   367          

from present or prior employers.                                   368          

      (5)  Evidence of compliance with the financial SURETY BOND   370          

requirements of section 1322.05 of the Revised Code and with       372          

sections 1322.01 to 1322.12 of the Revised Code;                   373          

      (6)  In the case of a foreign corporation, evidence that it  375          

maintains a license pursuant to Chapter 1703. of the Revised Code  376          

to transact business in this state;                                377          

      (7)  A statement that the applicant has not been convicted   379          

of or pleaded guilty to a criminal offense, the violation of       380          

which is a felony, or any criminal offense involving fraud;        381          

      (8)  Any further information that the superintendent         383          

requires.                                                          384          

      (B)  Upon the filing of the application and payment of the   386          

application fee, the superintendent shall investigate the          387          

applicant.  If, in order to issue a certificate of registration    388          

to an applicant, investigation by the superintendent outside this  390          

state is necessary, the superintendent may require the applicant   391          

to advance sufficient funds to pay the actual expenses of the      392          

investigation, if it appears that these expenses will exceed       393          

three hundred fifty dollars.  The superintendent shall provide     394          

the applicant with an itemized statement of the actual expenses    395          

that the applicant is required to pay.                             396          

      (C)  All funds advanced and application and renewal fees     398          

paid to the superintendent under this section and section 1322.04  400          

of the Revised Code shall be paid by the superintendent to the     401          

treasurer of state to the credit of the consumer finance fund      403          

created in section 1321.21 of the Revised Code.                                 

      (D)(1)  Division (A)(4) of this section does not apply to    406          

                                                          9      

                                                                 
any registrant that, on the effective date of this amendment       408          

MARCH 4, 1996, is registered AS A MORTGAGE BROKER under sections   409          

1322.01 to 1322.12 of the Revised Code under a certificate of      411          

registration issued pursuant to those sections prior to the        413          

effective date of this amendment MARCH 4, 1996, provided that the  415          

certificate of registration is not surrendered by the registrant   416          

or revoked or refused renewal by the superintendent of consumer    418          

finance FINANCIAL INSTITUTIONS at any time after the effective     420          

date of this amendment MARCH 4, 1996.                              421          

      (2)  EXCEPT AS PROVIDED IN DIVISION (D)(3) OF THIS SECTION,  424          

ON AND AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, EVIDENCE OF     425          

EDUCATION PROVIDED IN DIVISION (A)(4)(a) OF THIS SECTION SHALL     427          

NOT BE ACCEPTED ON AN APPLICATION OF A PERSON APPLYING AS A NEW    428          

APPLICANT FOR A CERTIFICATE OF REGISTRATION AS A MORTGAGE BROKER.  430          

HOWEVER, ON AND AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, A      431          

PERSON WHO, PRIOR TO THAT DATE, SUBMITTED EVIDENCE OF EDUCATION    432          

AS PROVIDED FOR IN DIVISION (A)(4)(a) OF THIS SECTION MAY RENEW A  434          

CERTIFICATE OF REGISTRATION AS A MORTGAGE BROKER, PROVIDED THAT    435          

THE PERSON IS REGISTERED ON THAT DATE AS A MORTGAGE BROKER         436          

PURSUANT TO SECTION 1322.04 OF THE REVISED CODE, AND A             438          

CERTIFICATE OF REGISTRATION AS A MORTGAGE BROKER IS NOT            439          

SURRENDERED BY THE PERSON OR REVOKED OR REFUSED RENEWAL BY THE     440          

SUPERINTENDENT AT ANY TIME AFTER THAT DATE.                        441          

      (3)  FOR A PERIOD ENDING THREE YEARS AFTER THE EFFECTIVE     443          

DATE OF THIS AMENDMENT, EVIDENCE THAT THE PERSON DESIGNATED AS     444          

RESPONSIBLE FOR MANAGING THE OPERATION OF A LOCATION OR LOCATIONS  445          

WHERE BUSINESS IS OR WILL BE TRANSACTED MEETS THE EDUCATIONAL      446          

REQUIREMENTS SPECIFIED IN DIVISION (A)(4)(a) OF THIS SECTION       447          

SHALL BE ACCEPTABLE ON AN APPLICATION FOR A CERTIFICATE OF         448          

REGISTRATION AS A MORTGAGE BROKER, IF THE SUPERINTENDENT           449          

DETERMINES THAT BOTH OF THE FOLLOWING APPLY:                       450          

      (a)  PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT, THE      453          

PERSON WAS DESIGNATED PURSUANT TO DIVISION (A)(3) OF THIS SECTION  454          

AS RESPONSIBLE FOR MANAGING THE OPERATIONS OF A LOCATION OR        455          

                                                          10     

                                                                 
LOCATIONS WHERE A REGISTRANT'S BUSINESS WAS TRANSACTED, HAVING     456          

MET THE EDUCATIONAL REQUIREMENTS PROVIDED IN DIVISION (A)(4)(a)    457          

OF THIS SECTION;                                                   458          

      (b)  THE PERSON IS DESIGNATED AS RESPONSIBLE FOR MANAGING    461          

THE OPERATIONS OF AN ENTITY DESCRIBED IN DIVISION (A)(2) OF THIS   462          

SECTION WHERE THE MORTGAGE BROKER BUSINESS IS OR WILL BE           463          

TRANSACTED.                                                                     

      Sec. 1322.04.  (A)  Upon the conclusion of the               472          

investigation required under division (B) of section 1322.03 of    473          

the Revised Code, the superintendent of financial institutions     475          

shall issue a certificate of registration to the applicant if the  477          

superintendent finds that the following conditions are met:        478          

      (1)  The application is accompanied by the application fee   480          

of three hundred fifty dollars for each location of an office to   481          

be maintained by the applicant IN ACCORDANCE WITH DIVISION (A) OF  482          

SECTION 1322.02 OF THE REVISED CODE and complies with division     483          

(A) of section 1322.03 of the Revised Code.                        484          

      (2)  If the application is for a location that is a          486          

residence, that the applicant has obtained a valid zoning permit   487          

authorizing the use of the residence for commercial purposes, or   488          

has obtained a valid written opinion or other document issued by   490          

the county or political subdivision where the residence is         491          

located certifying that the use of the residence to transact       492          

business as a mortgage broker is not prohibited by the county or   493          

political subdivision.  THE APPLICATION ALSO IS ACCOMPANIED BY A   494          

PHOTOGRAPH OF EACH LOCATION AT WHICH THE MORTGAGE BROKER'S         495          

BUSINESS WILL BE TRANSACTED.                                       496          

      (3)(a)  The sole proprietor, partner, or shareholder, OR     499          

NATURAL PERSON designated on the application, pursuant to          501          

division (A)(3) of section 1322.03 of the Revised Code, as         502          

responsible for managing the operation of the location or          504          

locations where THE business is to be transacted meets the         506          

educational or experience requirements described PROVIDED in       507          

division (A)(4) of section 1322.03 of the Revised Code.            508          

                                                          11     

                                                                 
      (b)  IF A PARTNER, SHAREHOLDER, OR NATURAL PERSON            511          

DESIGNATED PURSUANT TO DIVISION (A)(3) OF SECTION 1322.03 OF THE   513          

REVISED CODE CEASES TO BE RESPONSIBLE FOR MANAGING THE OPERATION   516          

OF THE LOCATION OR LOCATIONS WHERE THE BUSINESS IS TO BE           517          

TRANSACTED, THE APPLICANT SHALL COMPLY WITH THE REQUIREMENTS THAT  518          

APPLY TO A REGISTRANT UNDER DIVISION (E) OF THIS SECTION.          519          

      (4)  In the case of a foreign corporation, the applicant     521          

maintains a license pursuant to Chapter 1703. of the Revised Code  522          

to transact business in this state.                                523          

      (5)  The applicant complies with the financial SURETY BOND   525          

requirements of section 1322.05 of the Revised Code.               527          

      (6)  The applicant complies with sections 1322.01 to         529          

1322.12 of the Revised Code.                                       530          

      (7)  The applicant has not pleaded guilty to or been         532          

convicted of a criminal offense, the violation of which is a       533          

felony, or any criminal offense involving fraud.                   534          

      (8)  The applicant's financial responsibility, experience,   536          

character, and general fitness command the confidence of the       537          

public and warrant the belief that the business will be operated   538          

honestly and fairly in compliance with the purposes of sections    539          

1322.01 to 1322.12 of the Revised Code.                            540          

      For purposes of determining whether an applicant that is a   542          

partnership or, corporation, OR OTHER ENTITY has met the           544          

conditions set forth in division (A)(8) of this section, the       546          

superintendent shall determine which partners or, shareholders,    547          

OR PERSONS named in the application pursuant to division (A)(2)    549          

of section 1322.03 of the Revised Code must meet the conditions    551          

set forth in division (A)(8) of this section.  This determination  552          

shall be based on the extent and nature of the partner's or,       553          

shareholder's, OR PERSON'S ownership interest in the partnership   555          

or, corporation, OR ENTITY that is the applicant.                  556          

      (B)  The certificate of registration issued pursuant to      558          

division (A) of this section may be renewed annually on or before  559          

the thirtieth day of April upon payment of a renewal fee of three  560          

                                                          12     

                                                                 
hundred fifty dollars for each location of an office to be         561          

maintained by the applicant IN ACCORDANCE WITH DIVISION (A) OF     562          

SECTION 1322.02 OF THE REVISED CODE and a finding by the           563          

superintendent that the applicant meets the conditions set forth   564          

in divisions (A)(2) to (8) of this section and that the            565          

applicant's certificate of registration is not subject to an       566          

order of suspension or revocation by the superintendent.  If a     567          

renewal fee is submitted to RECEIVED BY the superintendent after   569          

the thirtieth day of April but prior to the first day of June,     571          

the fee shall be accompanied by a late renewal fee of one hundred  572          

dollars for each location of an office maintained by the                        

applicant for which the renewal fee is late, THE CERTIFICATE OF    573          

REGISTRATION SHALL NOT BE CONSIDERED RENEWED, AND THE APPLICANT    575          

SHALL CEASE ACTIVITY AS A MORTGAGE BROKER AND APPLY FOR A          576          

CERTIFICATE OF REGISTRATION AS A MORTGAGE BROKER.                  577          

      (C)  No application, OR renewal, or late renewal fee         579          

required by division (A) or (B) of this section shall be returned  581          

after a certificate of registration has been issued or renewed by  582          

the superintendent.                                                             

      (D)  Division (A)(3) of this section does not apply to any   585          

registrant that, on the effective date of this amendment MARCH 4,  587          

1996, is registered AS A MORTGAGE BROKER under sections 1322.01    588          

to 1322.12 of the Revised Code under a certificate of              589          

registration issued pursuant to those sections prior to the        591          

effective date of this amendment MARCH 4, 1996, provided that the  593          

certificate of registration is not surrendered by the registrant   594          

or revoked or refused renewal by the superintendent of consumer    596          

finance FINANCIAL INSTITUTIONS at any time after the effective     598          

date of this amendment MARCH 4, 1996.                              599          

      (E)  IF A PARTNER, SHAREHOLDER, OR NATURAL PERSON            601          

DESIGNATED PURSUANT TO DIVISION (A)(3) OF SECTION 1322.03 OF THE   603          

REVISED CODE IS NO LONGER RESPONSIBLE FOR MANAGING THE OPERATION   605          

OF THE LOCATION OR LOCATIONS WHERE BUSINESS IS TO BE TRANSACTED,   606          

THE REGISTRANT SHALL DO ALL OF THE FOLLOWING:                      608          

                                                          13     

                                                                 
      (1)  DESIGNATE ANOTHER PARTNER, SHAREHOLDER, OR NATURAL      611          

PERSON AS RESPONSIBLE FOR MANAGING THE OPERATION OF THE LOCATION   613          

OR LOCATIONS WHERE BUSINESS IS TO BE TRANSACTED;                                

      (2)  WITHIN TEN DAYS AFTER THE DESIGNATION DESCRIBED IN      616          

DIVISION (E)(1) OF THIS SECTION, NOTIFY THE SUPERINTENDENT IN      618          

WRITING OF THE DESIGNATION;                                        619          

      (3)  SUBMIT ANY ADDITIONAL INFORMATION THAT THE              622          

SUPERINTENDENT REQUIRES TO ESTABLISH THAT THE NEWLY DESIGNATED     623          

PARTNER, SHAREHOLDER, OR NATURAL PERSON COMPLIES WITH THE                       

EXPERIENCE REQUIREMENTS SET FORTH IN DIVISION (A)(4)(b) OF         625          

SECTION 1322.03 OF THE REVISED CODE.                               627          

      Sec. 1322.05.  (A)  NO REGISTRANT SHALL CONDUCT BUSINESS IN  630          

THIS STATE, UNLESS THE REGISTRANT HAS OBTAINED A CORPORATE SURETY  632          

BOND ISSUED BY A BONDING COMPANY OR INSURANCE COMPANY AUTHORIZED   633          

TO DO BUSINESS IN THIS STATE.  THE BOND SHALL BE IN FAVOR OF THE   634          

SUPERINTENDENT OF FINANCIAL INSTITUTIONS AND IN THE PRINCIPAL SUM  635          

OF AT LEAST TWENTY-FIVE THOUSAND DOLLARS AND AN ADDITIONAL         636          

PRINCIPAL SUM OF FIVE THOUSAND DOLLARS FOR EACH LOCATION, IN       637          

EXCESS OF ONE, AT WHICH THE REGISTRANT CONDUCTS BUSINESS.  A COPY  638          

OF THE BOND SHALL BE FILED WITH THE SUPERINTENDENT.  THE PROCEEDS  639          

OF THE BOND SHALL CONSTITUTE A TRUST FUND FOR THE EXCLUSIVE        640          

BENEFIT OF ANY PERSON INJURED BY A VIOLATION OF ANY PROVISION OF   641          

SECTIONS 1322.01 TO 1322.12 OF THE REVISED CODE.                   643          

      (B)  THE REGISTRANT SHALL GIVE NOTICE TO THE SUPERINTENDENT  646          

BY CERTIFIED MAIL OF ANY ACTION THAT IS BROUGHT AGAINST THE        647          

REGISTRANT AND OF ANY JUDGMENT THAT IS ENTERED AGAINST THE         648          

REGISTRANT BY A PERSON INJURED BY A VIOLATION OF ANY PROVISION OF  649          

SECTIONS 1322.01 TO 1322.12 OF THE REVISED CODE.  THE NOTICE       652          

SHALL PROVIDE DETAILS SUFFICIENT TO IDENTIFY THE ACTION OR         653          

JUDGMENT, AND SHALL BE FILED WITH THE SUPERINTENDENT WITHIN TEN    654          

DAYS AFTER THE COMMENCEMENT OF THE ACTION OR NOTICE TO THE         655          

REGISTRANT OF ENTRY OF A JUDGMENT.  THE CORPORATE SURETY, WITHIN   656          

TEN DAYS AFTER IT PAYS ANY CLAIM OR JUDGMENT, SHALL GIVE NOTICE    657          

TO THE SUPERINTENDENT BY CERTIFIED MAIL OF THE PAYMENT, WITH       658          

                                                          14     

                                                                 
DETAILS SUFFICIENT TO IDENTIFY THE PERSON AND THE CLAIM OR         659          

JUDGMENT PAID.                                                     660          

      (C)  WHENEVER THE PRINCIPAL SUM OF THE CORPORATE SURETY      663          

BOND IS REDUCED BY ONE OR MORE RECOVERIES OR PAYMENTS, THE         664          

REGISTRANT SHALL FURNISH A NEW OR ADDITIONAL BOND UNDER THIS       665          

SECTION, SO THAT THE TOTAL OR AGGREGATE PRINCIPAL SUM OF THE BOND  666          

OR BONDS EQUALS THE SUM REQUIRED BY THIS SECTION, OR SHALL         667          

FURNISH AN ENDORSEMENT EXECUTED BY THE CORPORATE SURETY            668          

REINSTATING THE BOND TO THE REQUIRED PRINCIPAL SUM OF IT.          669          

      (D)  THE LIABILITY OF THE CORPORATE SURETY ON THE BOND TO    672          

THE SUPERINTENDENT AND TO ANY PERSON INJURED BY A VIOLATION OF     673          

ANY PROVISION OF SECTIONS 1322.01 TO 1322.12 OF THE REVISED CODE   676          

SHALL NOT BE AFFECTED IN ANY WAY BY ANY MISREPRESENTATION, BREACH  677          

OF WARRANTY, OR FAILURE TO PAY THE PREMIUM, BY ANY ACT OR          678          

OMISSION UPON THE PART OF THE REGISTRANT, BY THE INSOLVENCY OR     679          

BANKRUPTCY OF THE REGISTRANT, OR BY THE INSOLVENCY OF THE          680          

REGISTRANT'S ESTATE.  THE LIABILITY FOR ANY ACT OR OMISSION THAT   681          

OCCURS DURING THE TERM OF THE CORPORATE SURETY BOND SHALL BE       682          

MAINTAINED AND IN EFFECT FOR AT LEAST TWO YEARS AFTER THE DATE ON  683          

WHICH THE CORPORATE SURETY BOND IS TERMINATED OR CANCELED.         684          

      (E)  THE CORPORATE SURETY BOND SHALL NOT BE CANCELED BY THE  687          

REGISTRANT OR THE CORPORATE SURETY EXCEPT UPON NOTICE TO THE       688          

SUPERINTENDENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED.  THE   689          

CANCELLATION SHALL NOT BE EFFECTIVE PRIOR TO THIRTY DAYS AFTER     690          

THE SUPERINTENDENT RECEIVES THE NOTICE.                            691          

      (F)  NO REGISTRANT SHALL FAIL TO COMPLY WITH THIS SECTION.   695          

      Sec. 1322.10.  (A)  After notice and opportunity for a       704          

hearing conducted in accordance with Chapter 119. of the Revised   705          

Code, the superintendent of financial institutions may suspend DO  707          

THE FOLLOWING:                                                                  

      (1)  SUSPEND, revoke, or refuse to issue or renew a          709          

certificate of registration if the superintendent finds a          712          

violation of division (B) of section 1322.02 OR 1322.06, or        714          

section 1322.05, 1322.07, 1322.08, or 1322.09 of the Revised Code  715          

                                                          15     

                                                                 
or the rules adopted thereunder UNDER THOSE SECTIONS;              716          

      (2)  IMPOSE A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS,    719          

FOR EACH DAY A VIOLATION OF A LAW OR RULE IS COMMITTED, REPEATED,  720          

OR CONTINUED.  IF THE REGISTRANT ENGAGES IN A PATTERN OF REPEATED  721          

VIOLATIONS OF A LAW OR RULE, THE SUPERINTENDENT MAY IMPOSE A FINE  722          

OF NOT MORE THAN TWO THOUSAND DOLLARS FOR EACH DAY THE VIOLATION   723          

IS COMMITTED, REPEATED, OR CONTINUED.  ALL FINES COLLECTED         725          

PURSUANT TO THIS DIVISION SHALL BE PAID TO THE TREASURER OF STATE  727          

TO THE CREDIT OF THE CONSUMER FINANCE FUND CREATED IN SECTION      728          

1321.21 OF THE REVISED CODE.  IN DETERMINING THE AMOUNT OF A FINE  729          

TO BE IMPOSED PURSUANT TO THIS DIVISION, THE SUPERINTENDENT SHALL  731          

CONSIDER ALL OF THE FOLLOWING:                                     732          

      (a)  THE SERIOUSNESS OF THE VIOLATION;                       735          

      (b)  THE REGISTRANT'S GOOD FAITH EFFORTS TO PREVENT THE      738          

VIOLATION;                                                                      

      (c)  THE REGISTRANT'S HISTORY REGARDING VIOLATIONS AND       741          

COMPLIANCE WITH DIVISION ORDERS;                                                

      (d)  THE REGISTRANT'S FINANCIAL RESOURCES;                   744          

      (e)  ANY OTHER MATTERS THE SUPERINTENDENT CONSIDERS          747          

APPROPRIATE IN ENFORCING SECTIONS 1322.01 TO 1322.12 OF THE        748          

REVISED CODE.                                                                   

      (B)  The superintendent may investigate alleged violations   750          

of section 1322.01 to 1322.12 of the Revised Code, or the rules    751          

adopted thereunder, UNDER THOSE SECTIONS or complaints concerning  753          

any such violation. The superintendent may make application to     754          

the court of common pleas for an order enjoining any such          755          

violation, and, upon a showing by the superintendent that a        756          

person has committed, or is about to commit, such a violation,     757          

the court shall grant an injunction, restraining order, or other   758          

appropriate relief.                                                             

      (C)  In conducting any investigation pursuant to this        760          

section, the superintendent may compel, by subpoena, witnesses,    761          

to testify in relation to any matter over which the                762          

superintendent has jurisdiction, and may require the production    763          

                                                          16     

                                                                 
of any book, record, or other document pertaining to such THAT     764          

matter.  If a person fails to file any statement or report, obey   765          

any subpoena, give testimony, produce any book, record, or other   766          

document as required by such a subpoena, or permit photocopying    767          

of any book, record, or other document subpoenaed, the court of    768          

common pleas of any county in this state, upon application made    769          

to it by the superintendent, shall compel obedience by attachment  770          

proceedings for contempt, as in the case of disobedience of the    771          

requirements of a subpoena issued from the court or a refusal to   772          

testify therein.                                                   773          

      (D)  If the superintendent determines that a person is       775          

engaged in, or is believed to be engaged in, activities that may   776          

constitute a violation of sections 1322.01 to 1322.12 of the       777          

Revised Code, the superintendent may, after notice and a hearing   778          

conducted in accordance with Chapter 119. of the Revised Code,     779          

MAY issue a cease and desist order.  Such an order shall be        780          

enforceable in the court of common pleas.                          781          

      Sec. 1322.101.  On receipt of a notice pursuant to section   791          

2301.373 of the Revised Code, the division of consumer finance                  

FINANCIAL INSTITUTIONS shall comply with that section with         793          

respect to a certificate issued pursuant to this chapter.                       

      Section 2.  That existing sections 1155.08, 1163.11,         795          

1322.01, 1322.02, 1322.03, 1322.04, 1322.10, and 1322.101 and      797          

section 1322.05 of the Revised Code are hereby repealed.           798