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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.
History: 2000 c 389 s 2; 2004 c 208 s 2

Official Publication of the State of Minnesota
Revisor of Statutes