# Mont. Code Ann. § 32-9-104: 32-9-104 Exemptions -- proof of exemption > Montana · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T32_C9_P1_S32-9-104 ## Section - **Citation:** Mont. Code Ann. § 32-9-104 - **Heading:** 32-9-104 Exemptions -- proof of exemption - **Jurisdiction:** Montana - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** MT Code / Title 32 / Chapter 9 / Part 1 / Section 32-9-104 ## Text 32-9-104 . Exemptions -- proof of exemption. (1) The provisions of this part do not apply to: (a) an entity that is an agency of the federal, state, tribal, or local government; (b) an individual who is an employee of a federal, state, tribal, local government, or housing finance agency acting as a loan originator only pursuant to the individual's official duties as an employee of the federal, state, tribal, local government, or housing finance agency; (c) an entity described in 32-9-103 (39)(a)(i) through (39)(a)(iii); (d) a registered mortgage loan originator when acting for an entity described in 32-9-103 (39)(a)(i) through (39)(a)(iii); (e) an individual who performs only administrative or clerical tasks at the direction of and subject to the supervision and instruction of an individual who: (i) is a licensed and registered mortgage loan originator pursuant to this part; or (ii) is not required to be licensed in accordance with subsection (1)(b), (1)(d), or (1)(g); (f) an entity that is a bona fide not-for-profit entity; (g) an employee of a bona fide not-for-profit entity who acts as a loan originator only with respect to work duties for the bona fide not-for-profit entity and who acts as a loan originator only with respect to residential mortgage loans with terms that are favorable to the borrower, or acts as a servicer with respect to work duties for the bona fide not-for-profit entity; (h) a person that performs only real estate brokerage activities and is licensed or registered pursuant to 37-51-301 unless the person is compensated by a mortgage broker, a mortgage lender, or a mortgage loan originator or an agent of the mortgage broker, mortgage lender, or mortgage loan originator; (i) a person regulated by the commissioner of insurance if that person's principal business is that of preparing abstracts or making searches of titles that are used as a basis for the issuance of any title insurance policy by a company doing business under the laws of this state relating to insurance companies; (j) a Montana-licensed attorney performing activities that fall within the definition of a mortgage loan originator if the activities are: (i) considered by the Montana supreme court to be part of the authorized practice of law within this state; (ii) carried out within an attorney-client relationship; and (iii) accomplished by the attorney in compliance with all applicable laws, rules, and standards; or (k) an individual who is an employee of a retailer of manufactured or modular homes if the employee is performing only administrative or clerical tasks in connection with the sale or lease of a manufactured or modular home and if the individual receives no compensation or other gain from a mortgage lender or a mortgage broker for the performance of the administrative or clerical tasks. (2) (a) To qualify for an exemption under subsection (1)(f), an entity shall certify, on a form prescribed by the department, that it is a bona fide not-for-profit entity and shall provide additional documentation as required by the department by rule. To maintain this exemption, the entity shall file the prescribed certification and accompanying documentation by December 31 of each year. (b) In determining whether an entity is a bona fide not-for-profit entity, the department may rely on its receipt and review of: (i) reports filed with federal, state, tribal, local government, or housing finance agencies and authorities; or (ii) reports and attestations prescribed by the department. (3) The burden of proving an exemption under this section is on the person claiming the exemption. (See part compiler's comment regarding contingent suspension.) ## Nearby sections - [Mont. Code Ann. § 32-9-101 32-9-101 Short title and purpose](https://www.frixlaw.com/law-library/statutes/STATE_MT_T32_C9_P1_S32-9-101.md) - [Mont. Code Ann. § 32-9-102 32-9-102 License requirement -- registration](https://www.frixlaw.com/law-library/statutes/STATE_MT_T32_C9_P1_S32-9-102.md) - [Mont. Code Ann. § 32-9-103 32-9-103 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T32_C9_P1_S32-9-103.md) - [Mont. Code Ann. § 32-9-104 32-9-104 Exemptions -- proof of exemption](https://www.frixlaw.com/law-library/statutes/STATE_MT_T32_C9_P1_S32-9-104.md) - [Mont. Code Ann. § 32-9-105 32-9-105 Nationwide mortgage licensing system for mortgage brokers, mortgage lenders, mortgage servicers, and mortgage loan originators](https://www.frixlaw.com/law-library/statutes/STATE_MT_T32_C9_P1_S32-9-105.md) - [Mont. Code Ann. § 32-9-106 32-9-106 Simultaneous licensure](https://www.frixlaw.com/law-library/statutes/STATE_MT_T32_C9_P1_S32-9-106.md) - [Mont. Code Ann. § 32-9-107 32-9-107 Prelicensing education requirements for mortgage loan originators](https://www.frixlaw.com/law-library/statutes/STATE_MT_T32_C9_P1_S32-9-107.md) - [Mont. Code Ann. § 32-9-109 32-9-109 Experience requirements](https://www.frixlaw.com/law-library/statutes/STATE_MT_T32_C9_P1_S32-9-109.md) - [Mont. Code Ann. § 32-9-110 32-9-110 Examination requirements for mortgage loan originators](https://www.frixlaw.com/law-library/statutes/STATE_MT_T32_C9_P1_S32-9-110.md) - [Mont. Code Ann. § 32-9-112 32-9-112 Application for mortgage broker, mortgage lender, mortgage servicer, and mortgage loan originator license -- renewals](https://www.frixlaw.com/law-library/statutes/STATE_MT_T32_C9_P1_S32-9-112.md) - [Mont. Code Ann. § 32-9-113 32-9-113 Control persons -- application for license -- renewal](https://www.frixlaw.com/law-library/statutes/STATE_MT_T32_C9_P1_S32-9-113.md) - [Mont. Code Ann. § 32-9-116 32-9-116 Employment of mortgage loan originator](https://www.frixlaw.com/law-library/statutes/STATE_MT_T32_C9_P1_S32-9-116.md) - [Mont. Code Ann. § 32-9-117 32-9-117 Fees -- disposition of fees -- rulemaking](https://www.frixlaw.com/law-library/statutes/STATE_MT_T32_C9_P1_S32-9-117.md) - [Mont. Code Ann. § 32-9-118 32-9-118 Continuing education requirements for mortgage loan originators](https://www.frixlaw.com/law-library/statutes/STATE_MT_T32_C9_P1_S32-9-118.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T32_C9_P1_S32-9-104. Check the current official text before relying on it. Not legal advice.