Michigan Compiled Laws
Act 148 of 1975 - Debt Management Act (451.411 - 451.437)
Section 451.413 - Business of Debt Management as Financial Planning Service Requiring License; Exception.

Sec. 3.
(1) Except as provided in subsection (2), a person engaged in the business of debt management is rendering a financial planning service and must obtain a license under this act.
(2) Subsection (1) does not apply to the following when engaged in the regular course of their respective businesses and professions:
(a) An attorney at law, if providing debt management advice incidental to his or her law practice.
(b) A certified public accountant, if providing debt management advice incidental to his or her accounting practice.
(c) A bank, fiduciary, savings and loan institution, or credit union duly authorized and admitted to transact business in this state and performing credit and financial adjusting service in the regular course of its principal business.
(d) A title insurer or abstract company, while doing an escrow business.
(e) An employee or agent of a licensee, acting solely in the capacity of agent for the licensee.
(f) A judicial officer or person acting under court order.
History: 1975, Act 148, Eff. Mar. 31, 1976 ;-- Am. 2000, Act 255, Imd. Eff. June 29, 2000 Compiler's Notes: For transfer of statutory authority, powers, duties, and functions of the corporations, securities and land development bureau to the office of financial and insurance services by type III transfer, see E.R.O. No. 2000-2, compiled at MCL 445.2003 of the Michigan compiled laws.

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 451 - Securities, Real Estate, and Debt Management

Act 148 of 1975 - Debt Management Act (451.411 - 451.437)

Section 451.411 - Short Title.

Section 451.412 - Definitions.

Section 451.413 - Business of Debt Management as Financial Planning Service Requiring License; Exception.

Section 451.414 - License Required; Contract Made by Unlicensed Person Void; Persons Eligible for Exemption.

Section 451.415 - License; Application; Filing Requirements; Expiration and Renewal of License; Books and Records; Financial Statement; Licensee With Board of Directors or Equivalent.

Section 451.416 - License; Investigation; Grounds for Issuance or Nonissuance; Evidence of Certification as Certified Counselor.

Section 451.417 - Applicability of Examination Provisions.

Section 451.418 - License Renewal; Application; Fee; Financial Statements; Failure to Pay Fee or Penalty.

Section 451.418a - Fraud; Notice of Intent to Prohibit Licensure; Hearing; Order; Judicial Review; Enforcement; Violation of Final Order as Misdemeanor; Penalty; Definitions.

Section 451.419 - License; Grounds for Denial, Revocation, Suspension, or Postponement; Notice; Proceedings.

Section 451.420 - Rules; Rights, Remedies, and Procedures.

Section 451.421 - License; Applicable Provisions.

Section 451.422 - Budget Analysis.

Section 451.423 - Initial Fee; Consent of Creditor; Presumption.

Section 451.424 - Contract Between Licensee and Debtor; Requirements.

Section 451.425 - Trust Account.

Section 451.426 - Duties of Licensee.

Section 451.427 - Examination of Licensee.

Section 451.428 - Fee Under Debt Management Plan; Purchase of Credit Reports or Educational Materials and Products; Charge for Cancellation or Default; When Contract Effective; Cancellation of Contract; Excessive Charge.

Section 451.429 - Prohibited Practices.

Section 451.430 - Advertisement.

Section 451.431 - Assignment of Wages.

Section 451.432 - Rules; Decisions, Orders, and Rulings; Electronic Filing.

Section 451.433 - Cease and Desist Order; Statement; Misdemeanor; Powers of Department; Court Order; Self-Incrimination; Injunction or Restraining Order; Criminal Proceedings.

Section 451.434 - Violations; Penalties; Jurisdiction; Remedies.

Section 451.435 - Statute of Limitations.

Section 451.436 - Disposition of Fees.

Section 451.437 - Repeal of MCL 451.451 to 451.468.