1.1.................... moves to amend H.F. No. 2705 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2011 Supplement, section 82.641, subdivision 1,
1.4is amended to read:
1.5 Subdivision 1.
License required. A Except as otherwise provided in subdivision
1.66, a person shall not act as a real estate closing agent unless licensed as provided in
1.7this section. The commissioner shall issue a license as a closing agent to a person who
1.8qualifies for the license under the terms of this chapter.
1.9EFFECTIVE DATE.This section is effective the day following final enactment.
1.10 Sec. 2. Minnesota Statutes 2010, section 82.641, subdivision 6, is amended to read:
1.11 Subd. 6.
Exemption. The following persons, when acting as closing agents,
1.12are exempt from the requirements of
this section and sections
82.75 and
82.81 unless
1.13otherwise required in this chapter:
1.14(1) a direct employee of a title insurance company authorized to do business in this
1.15state, or a direct employee of a title company, or a person who has an agency agreement
1.16with a title insurance company or a title company in which the agent agrees to perform
1.17closing services on the title insurance company's or title company's behalf and the title
1.18insurance company or title company assumes responsibility for the actions of the agent as
1.19if the agent were a direct employee of the title insurance company or title company;
1.20(2) a licensed attorney or a direct employee of a licensed attorney;
1.21(3) a licensed real estate broker or salesperson;
1.22(4) a direct employee of a licensed real estate broker if the broker maintains all funds
1.23received in connection with the closing services in the broker's trust account;
1.24(5) a bank, trust company, savings association, credit union, industrial loan and thrift
1.25company, regulated lender under chapter 56, public utility, or land mortgage or farm loan
2.1association organized under the laws of this state or the United States, when engaged in
2.2the transaction of businesses within the scope of its corporate powers as provided by law;
2.3(6) a title insurance company authorized to do business in this state; and
2.4(7) a title company that has a contractual agency relationship with a title insurance
2.5company authorized to do business in this state, where the title insurance company
2.6assumes responsibility for the actions of the title company and its employees or agents as
2.7if they were employees or agents of the title insurance company.
2.8EFFECTIVE DATE.This section is effective the day following final enactment."