12 CFR §1008.105 — Minimum loan originator license requirements (SAFE Act)
Federal floor of state MLO licensing standards (Regulation H): eligibility criteria covering license-revocation history, felony convictions, character & fitness, pre-licensing education, NMLSR test, surety-bond/net-worth/state-fund coverage, and FBI fingerprint background check.
Verbatim regulatory text
Verbatim provisions from 12 CFR §1008.105 — Minimum loan originator license requirements (SAFE Act) — each quote is a verified substring of the regulator-published source snapshot, not retyped. Quoted for reference; this is not legal advice. The operational layer (P&P updates, prompts) lives in the regulation update kits.
12 CFR §1008.105
For an individual to be eligible for a loan originator license required under § 1008.103(a) and (d) , a state must require and find, at a minimum, that an individual:
12 CFR §1008.105(a)
(a) Has never had a loan originator license revoked in any governmental jurisdiction, except that a formally vacated revocation shall not be deemed a revocation;
12 CFR §1008.105(b)
(b) (1) Has never been convicted of, or pled guilty or nolo contendere to, a felony in a domestic, foreign, or military court:
12 CFR §1008.105(i)
(i) During the 7-year period preceding the date of the application for licensing; or (ii) At any time preceding such date of application , if such felony involved an act of fraud, dishonesty, a breach of trust, or money laundering. (2) For purposes of this paragraph (b):
12 CFR §1008.105(i)
(i) Expunged convictions and pardoned convictions do not, in themselves, affect the eligibility of the individual ; and (ii) Whether a particular crime is classified as a felony is determined by the law of the jurisdiction in which an individual is convicted.
12 CFR §1008.105(c)
(c) Has demonstrated financial responsibility, character, and general fitness, such as to command the confidence of the community and to warrant a determination that the loan originator will operate honestly, fairly, and efficiently, under reasonable standards established by the individual state .
12 CFR §1008.105(d)
(d) Completed at least 20 hours of pre-licensing education that has been reviewed and approved by the Nationwide Mortgage Licensing System and Registry. The pre-licensing education completed by the individual must include at least: (1) 3 hours of Federal law and regulations; (2) 3 hours of ethics, which must include instruction on fraud, consumer protection , and fair lending issues; and (3) 2 hours of training on lending standards for the nontraditional mortgage product marketplace.
12 CFR §1008.105(e)
(e) (1) Achieved a test score of not less than 75 percent correct answers on a written test developed by the NMLSR in accordance with 12 U.S.C. 5105(d) . (2) To satisfy the requirement under paragraph (e)(1) of this section, an individual may take a test three consecutive times, with each retest occurring at least 30 days after the preceding test. If an individual fails three consecutive tests, the individual must wait at least 6 months before taking the test again. (3) If a formerly state -licensed loan originator fails to maintain a valid license for 5 years or longer, not taking into account any time during which such individual is a registered loan originator , the individual must retake the test and achieve a test score of not less than 75 percent correct answers.
12 CFR §1008.105(f)
(f) Be covered by either a net worth or surety bond requirement, or pays into a state fund, as required by the state loan originator supervisory authority.
12 CFR §1008.105(g)
(g) Has submitted to the NMLSR fingerprints for submission to the Federal Bureau of Investigation and to any government agency for a state and national criminal history background check; and
12 CFR §1008.105(h)
(h) Has submitted to the NMLSR personal history and experience, which must include authorization for the NMLSR to obtain: (1) Information related to any administrative, civil, or criminal findings by any governmental jurisdiction; and (2) An independent credit report. CFR Toolbox Law about... Articles from Wex Table of Popular Names Parallel Table of Authorities Accessibility About LII Contact us Advertise here Help Terms of use Privacy
Operationalizing 12 CFR §1008.105 — Minimum loan originator license requirements (SAFE Act)
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