Section 22100 Of Article 3. Licensing From California Financial Code >> Division 9. >> Chapter 1. >> Article 3.
22100
. (a) No person shall engage in the business of a finance
lender or broker without obtaining a license from the commissioner.
(b) Every licensee engaging in the business of making or brokering
residential mortgage loans shall require that every mortgage loan
originator employed or compensated by that licensee obtains and
maintains a mortgage loan originator license from the commissioner
under this division or Division 20 (commencing with Section 50000),
or has first obtained a license endorsement from the Commissioner of
Real Estate pursuant to Article 2.1 (commencing with Section
10166.01) of Chapter 3 of Part 1 of Division 4 of the Business and
Professions Code.
(c) A finance lender or broker shall not employ a mortgage loan
originator whose license or license endorsement has lapsed.
(d) A finance lender or broker may not make or broker a
residential mortgage loan unless that loan is offered by, negotiated
by, or applied for through a licensed mortgage loan originator.
(e) Every licensee engaged in the business of making or brokering
residential mortgage loans and every mortgage loan originator
licensed under this division shall register with and maintain a valid
unique identifier issued by the Nationwide Mortgage Licensing System
and Registry.
(f) An individual shall not engage in the business of a mortgage
loan originator with respect to any dwelling located in this state
without first obtaining and maintaining annually a license in
accordance with the requirements of this division and any rules
promulgated by the commissioner under this chapter.
(g) A registered mortgage loan originator, as defined in
subdivision (c) of Section 22013, is exempt from licensure under this
section when he or she is employed by:
(1) A depository institution.
(2) A subsidiary of a depository institution that is owned and
controlled by a depository institution and regulated by a federal
banking agency.
(3) An institution regulated by the Farm Credit Administration.