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A subsidiary of a national bank wants to originate residential mortgage loans in Illinois. Under the Residential Mortgage License Act, this subsidiary:

Correct Answer

B) Must obtain a mortgage lender license because subsidiaries are not exempt entities

Under Illinois law, the exemption for federally chartered banks does not automatically extend to their subsidiaries. An operating subsidiary of a national bank that is a separate legal entity must obtain its own Illinois mortgage license.

Answer Options
A
Is automatically exempt because its parent is a national bank
B
Must obtain a mortgage lender license because subsidiaries are not exempt entities
C
Can operate under the parent bank's federal charter without state licensing
D
Only needs to register with IDFPR but does not need a full license

Why This Is the Correct Answer

Under Illinois law, the exemption for federally chartered banks does not automatically extend to their subsidiaries. An operating subsidiary of a national bank that is a separate legal entity must obtain its own Illinois mortgage license.

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