1. 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.

2. B. The required regulation of the transactions listed in subsection (A) includes:

   1. 1. Rules governing a claimant’s accounting and recordkeeping practices;
   2. 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. 3. The ability to place a claimant into receivership or conservatorship with regard to the claimant’s mortgage banking activities, or mortgage lending activities, or both.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 2094, effective June 10, 1999 (Supp. 99-2). Amended by final rulemaking at 31 A.A.R. 2324 (July 11, 2025), effective August 17, 2025 (Supp. 25-2).