WSR 22-21-059
PERMANENT RULES
DEPARTMENT OF
FINANCIAL INSTITUTIONS
(Securities Division)
[Filed October 12, 2022, 12:56 p.m., effective November 12, 2022]
Effective Date of Rule: Thirty-one days after filing.
Purpose: To repeal the entirety of chapter 460-33A WAC, which created an optional method of registration for mortgage paper securities. The last issuer to register an offering of mortgage paper securities under these rules was in 2012. Changes in federal law over the past 10 years, including the Jumpstart Our Business Startups (JOBS) Act of 2012, have diminished the usefulness of the rules contained in chapter 460-33A WAC.
Citation of Rules Affected by this Order: Repealing chapter 460-33A WAC.
Statutory Authority for Adoption: RCW 21.20.450.
Adopted under notice filed as WSR 22-16-117 on August 3, 2022.
A final cost-benefit analysis is available by contacting Patrick Stickney, P.O. Box 9033, Olympia, WA 98507-9033, phone 360-902-8760, email Patrick.Stickney@dfi.wa.gov, website www.dfi.wa.gov. No cost-benefit analysis was required to be prepared.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 31.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 31.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: October 12, 2022.
Charles Clark
Director
OTS-3993.1
REPEALER
The following chapter of the Washington Administrative Code is repealed:
WAC 460-33A-010
Application.
WAC 460-33A-015
Definitions.
WAC 460-33A-017
Registration not required.
WAC 460-33A-020
Optional registration procedures for mortgage paper securities.
WAC 460-33A-025
Contents of the general offering circular.
WAC 460-33A-030
Contents and filing of the specific offering circular.
WAC 460-33A-031
Minimum investor suitability requirements.
WAC 460-33A-035
Limitations on the use of optional registration of this chapter.
WAC 460-33A-036
Participation agreement.
WAC 460-33A-037
Disclosure requirements in the sale of real estate owned property.
WAC 460-33A-038
Real estate broker's opinion of value in the sale of real estate owned property.
WAC 460-33A-040
Net worth or bond requirement.
WAC 460-33A-055
Escrow account.
WAC 460-33A-060
Recordation.
WAC 460-33A-065
Service agreement.
WAC 460-33A-070
Origination and assignment.
WAC 460-33A-075
Advertising.
WAC 460-33A-080
Registration and examination of mortgage broker-dealers.
WAC 460-33A-081
Expiration of mortgage broker-dealer registration, renewal procedure.
WAC 460-33A-085
Registration and examination of mortgage securities salespersons.
WAC 460-33A-086
Expiration of mortgage securities salesperson registration, renewal procedure.
WAC 460-33A-090
Dishonest and unethical practices—Mortgage broker-dealers.
WAC 460-33A-095
Fiduciary duty—Mortgage broker-dealers.
WAC 460-33A-100
Written statement.
WAC 460-33A-105
Appraisals.
WAC 460-33A-110
Financial statements and annual reports.
WAC 460-33A-115
Books and records.
WAC 460-33A-116
Access to loan records by investors.
WAC 460-33A-120
Preservation of records.
WAC 460-33A-125
Notice of changes by mortgage broker-dealers.
WAC 460-33A-130
Notice of complaint.