SB 556 Text

ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 556
(By Senator Minard, By Request)
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[Originating in the Committee on the Judiciary;
reported February 26, 2004.]
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A BILL to amend and reenact §46A-6C-2 of the code of West Virginia, 1931, as amended, relating to credit services organizations; and exempting retailers of automobiles and trucks from the definition of credit services organizations.

Be it enacted by the Legislature of West Virginia:
That §46A-6C-2 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 6C. CREDIT SERVICES ORGANIZATIONS.

§46A-6C-2. Credit services organization.

(a) A credit services organization is a person who, with respect to the extension of credit by others and in return for the payment of money or other valuable consideration, provides, or represents that the person can or will provide, any of the following services:
(1) Improving a buyer's credit record, history or rating;
(2) Obtaining an extension of credit for a buyer; or
(3) Providing advice or assistance to a buyer with regard to subdivision (1) or (2) of this subsection.
(b) The following are exempt from this article:
(1) A person authorized to make loans or extension of credit under the law of this state or the United States who is subject to regulation and supervision by this state or the United States, or a lender approved by the United States secretary of housing and urban development for participation in a mortgage insurance program under the National Housing Act (12 U. S. C. Section 1701, et seq.);
(2) A bank or savings and loan association whose deposit or accounts are eligible for insurance by the federal deposit insurance corporation or the federal savings and loan insurance corporation or a subsidiary of such a bank or savings and loan association;
(3) A credit union doing business in this state;
(4) A nonprofit organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986;
(5) A person licensed as a real estate broker or salesman under the Real Estate Brokers License Act acting within the course and scope of that license;
(6) A person licensed to practice law in this state acting within the course and scope of the person's practice as an attorney;
(7) A broker-dealer registered with the securities and exchange commission or the commodity future trading commission acting within the course and scope of that regulation;
(8) A consumer reporting agency;
(9) A person whose primary business is making loans secured by liens on real property; ~~and~~
(10) A person whose primary business is the retail sale of automobiles and trucks; and
(11) A person licensed to practice public accounting in this state acting within the course and scope of the person's practice as an accountant.

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