2004 Minnesota Statutes

     332.335 Exemption from licensure. 

    Subdivision 1.    Requirements.  An exempt out-of-state 
 collection agency, as defined by section 332.31, subdivision 7, 
 that has obtained a certificate of exemption under subdivision 2 
 is exempt from the collector registration requirements and 
 collection agency licensing requirements of this chapter, but is 
 subject to all other provisions of sections 45.027 and 332.31 to 
 332.45. 

    Subd. 2.    Certificate of exemption.  To qualify as an 
 exempt out-of-state collection agency, a person, except for 
 those excluded from the definition of collection agency under 
 section 332.32, must, before initiating collection activity, 
 obtain a certificate of exemption from the commissioner.  A 
 certificate of exemption must be issued upon the applicant's 
 filing an application on a form approved by the commissioner if 
 the applicant is found to be qualified under this chapter.  The 
 form must include: 

    (1) a signed statement that the exempt out-of-state 
 collection agency holds a valid license to do business as a 
 collection agency in another state whose requirements for 
 licensing are similar to the requirements imposed under this 
 chapter along with a copy of the licensing document from the 
 other state; 

    (2) certification that the exempt out-of-state collection 
 agency will not solicit or collect claims for any creditor who 
 has a business presence in this state.  A creditor has a 
 business presence in this state if either the creditor or an 
 affiliate or subsidiary of the creditor has an office in this 
 state; 

    (3) certification that the exempt out-of-state collection 
 agency will not establish a physical presence in this state and 
 that all collection activity in this state will be conducted 
 exclusively by means of interstate communications including 
 telephone, mail, or facsimile transmission; 

    (4) evidence of a corporate surety bond substantially 
 similar, as determined by the commissioner, to the bond required 
 under section 332.34; 

    (5) appointment of the commissioner as the exempt 
 out-of-state collection agency's agent for service of process in 
 this state; and 

    (6) written acknowledgment that the exempt out-of-state 
 collection agency agrees to be subject to the jurisdiction of 
 Minnesota courts and the Minnesota Administrative Procedure Act, 
 chapter 14, in connection with the commissioner's enforcement of 
 Minnesota law pertaining to collection activities in Minnesota, 
 including compliance with this chapter and chapter 45. 

    Subd. 3.    Notice.  An exempt out-of-state collection 
 agency must advise the commissioner of any material changes to 
 the information submitted in the most recent application within 
 ten days of the change. 

    Subd. 4.    Loss of exemption.  In addition to fines and 
 other authorized sanctions, a certificate of exemption is 
 considered revoked if the exempt out-of-state collection agency 
 is found to be in violation of any provision of chapter 45 or 
 332, or the Fair Debt Collection Practices Act of 1977, United 
 States Code, title 15, sections 1691 to 1693r. 

    HIST: 2000 c 389 s 2; 2004 c 208 s 2