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A Georgia W-2 processor at a licensee also owns a separate company that processes files for 3 other lenders. Does the outside processing-company ownership create a licensing requirement despite the W-2 role?

Correct Answer

A) A license is required: owning a processing company ends the exemption

A W-2 employee of a licensee meeting the exemption conditions needs no license, but a loan processor who works as an independent contractor, or who owns or controls a company that does loan processing, is required to have one. Other choices: the W-2 role is what the outside ownership defeats; the number of outside lenders is not the test; and the rule reaches the individual as well. Source: Ga. Comp. R. & Regs. 80-11-4-.07(2)

Answer Options
A
A license is required: owning a processing company ends the exemption
B
No license, because the W-2 employment at the licensee still clearly stands
C
No license while the outside company serves only 3 other lenders
D
A license is required of the company rather than of the individual

Why This Is the Correct Answer

A W-2 employee of a licensee meeting the exemption conditions needs no license, but a loan processor who works as an independent contractor, or who owns or controls a company that does loan processing, is required to have one. Other choices: the W-2 role is what the outside ownership defeats; the number of outside lenders is not the test; and the rule reaches the individual as well. Source: Ga. Comp. R. & Regs. 80-11-4-.07(2)

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