RCW 18.44.011
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Committee" means the escrow advisory committee of the state of Washington created by RCW 18.44.500.
(2) "Controlling person" is any person who owns or controls ten percent or more of the beneficial ownership of any escrow agent, regardless of the form of business organization employed and regardless of whether such interest stands in such person's true name or in the name of a nominee.
(3) "Department" means the department of financial institutions.
(4) "Designated escrow officer" means any licensed escrow officer designated by a licensed escrow agent and approved by the director as the licensed escrow officer responsible for supervising that agent's handling of escrow transactions, management of the agent's trust account, and supervision of all other licensed escrow officers employed by the agent.
(5) "Director" means the director of financial institutions, or his or her duly authorized representative.
(6) "Director of licensing" means the director of the department of licensing, or his or her duly authorized representative.
(7) "Escrow" means any transaction, except the acts of a qualified intermediary in facilitating an exchange under section 1031 of the internal revenue code, wherein any person or persons, for the purpose of effecting and closing the sale, purchase, exchange, transfer, encumbrance, or lease of real or personal property to another person or persons, delivers any written instrument, money, evidence of title to real or personal property, or other thing of value to a third person to be held by such third person until the happening of a specified event or the performance of a prescribed condition or conditions, when it is then to be delivered by such third person, in compliance with instructions under which he or she is to act, to a grantee, grantor, promisee, promisor, obligee, obligor, lessee, lessor, bailee, bailor, or any agent or employee thereof. "Escrow" includes the collection and processing of payments and the performance of related services by a third party on seller-financed loans secured by a lien on real or personal property but excludes vessel transfers.
(8) "Escrow agent" means any person engaged in the business of performing for compensation the duties of the third person referred to in subsection (7) of this section.
(9) "Licensed escrow agent" means any sole proprietorship, firm, association, partnership, or corporation holding a license as an escrow agent under the provisions of this chapter.
(10) "Licensed escrow officer" means any natural person handling escrow transactions and licensed as such by the director.
(11) "Person" means a natural person, firm, association, partnership, corporation, limited liability company, or the plural thereof, whether resident, nonresident, citizen, or not.
(12) "Split escrow" means a transaction in which two or more escrow agents act to effect and close an escrow transaction.
[ 2013 c 64 § 1; 2011 1st sp.s. c 21 § 45. Prior: 2010 c 34 § 1; 1999 c 30 § 1; 1995 c 238 § 1; 1985 c 7 § 47; 1979 c 158 § 42; 1977 ex.s. c 156 § 1; 1971 ex.s. c 245 § 1; 1965 c 153 § 1. Formerly RCW 18.44.010.]
NOTES:
Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.
Effective date—1995 c 238: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995." [ 1995 c 238 § 10.]
Structure Revised Code of Washington
Title 18 - Businesses and Professions
Chapter 18.44 - Escrow Agent Registration Act.
18.44.021 - License required—Exceptions.
18.44.023 - Multistate licensing system—Director's discretion.
18.44.031 - License—Application, requisites.
18.44.041 - Branch offices—Application to establish—Requirements.
18.44.051 - Branch offices—Issuance of license.
18.44.061 - Change in business location, office location, business name—Written notice required.
18.44.081 - Escrow officer's license—Application—Form—Timely filing—Proof of moral character, etc.
18.44.091 - License—Fees—Renewal.
18.44.101 - License—Retention and display by agent—Termination—Inactive licenses.
18.44.111 - Licenses—Form and size—Contents.
18.44.127 - Certificate of registration suspension—Noncompliance with support order—Reissuance.
18.44.131 - License application—Issuance.
18.44.141 - License—Duration—Posting.
18.44.151 - License—Expiration and renewal—Fee.
18.44.161 - License—Reinstatement.
18.44.171 - Engaging in business without license—Penalty.
18.44.181 - Proof of licensure prerequisite to action for fee.
18.44.191 - Director—Educational conferences—Examinations.
18.44.201 - Financial responsibility—Fidelity bond—Errors and omissions policy—Surety bond.
18.44.211 - Cancellation of fidelity bond or surety bond, or both—New bond required.
18.44.231 - Corporation for insuring where bond or policy not reasonably available.
18.44.241 - Waiver of errors and omissions policy requirement—Criteria.
18.44.261 - Waiver—Determination.
18.44.270 - Application of administrative procedure act.
18.44.271 - Waiver—Certificate of waiver.
18.44.291 - Waiver—Application by escrow license applicant.
18.44.301 - Prohibited practices.
18.44.305 - Financial interest in an escrow agent—Prohibited practices.
18.44.311 - Prohibited employment practices.
18.44.410 - Powers of director.
18.44.413 - Informal settlement of complaints or enforcement actions.
18.44.420 - Investigation of violations—Procedure—Powers of director.
18.44.425 - Subpoena authority—Application—Contents—Notice—Fees.
18.44.430 - Actions against license—Grounds.
18.44.440 - Violations—Cease and desist orders.
18.44.450 - Referral fees prohibited—Consumer protection act—Application.
18.44.455 - Possession of property and business—Grounds for director's authority.
18.44.457 - Possession of property and business—Scope of director's authority.
18.44.460 - License suspension—Nonpayment or default on educational loan or scholarship.
18.44.465 - Termination of license—Effect upon preexisting escrows—Notice to principals.
18.44.480 - Remedies—Affecting corporate franchise.
18.44.490 - Authority to prosecute—Grants of injunctive relief, temporary restraining orders.
18.44.500 - Committee to advise director—Members—Compensation and travel expenses.
18.44.510 - Compensation and travel expenses of committee members.