Title 19
Financial Institutions

Chapter 14
Licensed Activities

§ 19-14-25. Transactions and place of business limited by license — Remote locations.

(a) No licensee shall transact the business provided for by this chapter under any other name or at any other place of business than that named in the license or branch certificate, unless that place is for the exclusive convenience of the customer or meets the requirements for a remote location. The fact that closings occur at a place other than a licensed place of business shall not be deemed to be a violation of this section.

(b) Notwithstanding anything to the contrary under this chapter or chapter 14.10 of this title, employees of a licensee may perform services for the licensee or act as a mortgage loan originator from a remote location subject to each of the following requirements:

(1) The employee is subject to the supervision of the licensee;

(2) The remote location is the employee’s residence or other location identified in the records of the licensee and is within a reasonable distance of a place of business named in the licensee’s license or branch certificate, as established by regulations adopted by the director or the director’s designee;

(3) The licensee has written policies and procedures for supervision of, and employs appropriate risk-based monitoring and oversight process of work performed by, employees working from remote locations;

(4) Access to the licensee’s computer platforms and to customer information is in accordance with the licensee’s comprehensive written information security plan. The licensee must maintain appropriate safeguards for licensee and consumer data, information, and records, including the use of secure virtual private networks (“VPNs”) where appropriate;

(5) No in-person customer interaction occurs at the remote location, and the licensee will not designate the remote location to consumers or customers as a business location unless the remote location is properly licensed as a branch;

(6) Physical records related to the licensee’s business, including consumer information, are not maintained at the remote location;

(7) The licensee must ensure consumer and licensee information and records remain accessible and available for regulatory oversight and exams; and

(8) The licensee must provide training to keep all conversations about, and with, consumers conducted from a remote location confidential, as if conducted from a licensed commercial location, and to ensure remote employees work in an environment conducive and appropriate to that privacy.

(c) A remote location shall not be considered a branch of the licensee; however, activities conducted at a remote location shall be subject to examination under this chapter and § 19-14.10-5.

(d) The director, or the director’s designee, shall have the authority to promulgate rules to establish requirements and standards relating to remote locations.