§ 12-103. Applicability of subtitle -- Exempt entities

   (a) Exempt entities. -- This subtitle does not apply to:

   (1) Any bank, trust company, savings bank, savings and loan association, or credit union incorporated or chartered under the laws of this State or the United States that maintains its principal office in this State;

   (2) Any out-of-state bank, as defined in § 5-1001 of this article, having a branch that accepts deposits in this State; and

   (3) Any institution incorporated under federal law as a savings association or savings bank that does not maintain its principal office in this State but has a branch that accepts deposits in this State.

(b) Subsidiaries or affiliates. -- A subsidiary or affiliate of an institution described in subsection (a) of this section is exempt from all requirements of licensing under this subtitle provided the subsidiary or affiliate:

   (1) Is subject to audit or examination by a regulatory body or agency of this State, the United States, or the state where the subsidiary or affiliate maintains its principal office; and

   (2) Submits to the Commissioner in writing and prior to providing check cashing services the following information:

      (i) The subsidiary's or affiliate's name and address, and the names and addresses of each:

         1. Owner who owns 5% or more of the subsidiary or affiliate; and

         2. Officer, director, or principal of the subsidiary or affiliate;

      (ii) 1. Each address at which check cashing services will be provided; and

         2. If a mobile unit will be used to provide check cashing services, the vehicle identification number of the mobile unit and the geographic area in which the mobile unit will be operating; and

      (iii) Any other information that the Commissioner requests.

(c) Applicability of other sections. --

   (1) An exempt entity is not subject to the provisions of § 12-106 through 12-112, inclusive, and § 12-122 of this subtitle.

   (2) An exempt entity is subject to:

      (i) The provisions of § 12-113 through 12-121, inclusive, and § 12-123 through 12-127, inclusive, of this subtitle; and

      (ii) Any regulation, except to the extent the regulation concerns licensing, adopted under this subtitle.

HISTORY: 2000, ch. 614, § 2.