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Indiana passes loan broker provisions

March 24, 2022

On March 18, the Indiana governor signed HB 1092, which amends the provisions regarding loan brokers that include requirements for licensing, as well as contract for the services of a loan broker. Among other things, the bill establishes that a loan processing company notice filing must be made on a form prescribed by the commissioner and include the: (i) loan processing company’s business name, address, and state of incorporation or business registration; (ii) names of the owners, officers, members, or partners who control the loan processing company; and (iii) name of each individual who is employed by the loan processing company, including the unique identifier from the Nationwide Multistate Licensing System (NMLS) of each loan processor. Additionally, when a contract for the services of a loan broker is assigned, the loan broker shall provide a copy of the signed contract and a written disclosure of any agreement entered into by the loan broker to procure loans exclusively from one lender to each party to the contract. The bill is effective July 22.