The requirements for remote work can be found in 32-9-173, MCA. 

Effective July 1^st, 2023, Montana-licensed MLOs may work from any location within the United States or a territory, including Puerto Rico and the U.S. Virgin Islands, if the requirements for remote work are met.

Mortgage business may be conducted at a remote work location if:

• the licensed mortgage entity's employees and independent contractors do not meet with the public at an unlicensed personal residence;
• no physical or electronic business records are maintained at the remote location;
• the licensed mortgage entity has written policies and procedures for working remotely and the entity supervises and enforces the policies and procedures;
• no signage or advertising of the entity or the mortgage loan originator is displayed at any remote work location;
• the licensed mortgage entity maintains the computer system and customer information in accordance with the entity's information technology security plan and all state and federal laws;
• any device used to engage in mortgage business has appropriate security, encryption, and device management controls to ensure the security and confidentiality of customer information as required by rules and regulations adopted by the department;
• the licensed mortgage entity's employees and independent contractors take reasonable precautions to protect confidential information in accordance with state and federal laws;
• the NMLS record of a mortgage loan originator that works remotely designates a properly licensed location as the mortgage loan originator's official workstation and a designated manager as a supervisor; and
• the licensed mortgage entity annually reviews and certifies that the employees and independent contractors engaged in mortgage business at a remote location meet the requirements of this section. Upon request, a licensee shall provide written documentation of the licensee's review to the department.

If the Montana Banking Commissioner determines that the licensee does not provide reasonable and adequate supervision of the employee, the Commissioner shall notify the licensee in writing and within 5 business days of receiving the notice the licensee shall terminate the employee's eligibility to work remotely.

In the Employment History section of the MU4, the MLO should write the name and business address of the sponsoring location as their current employer. Their remote work location may be added as an additional entry, but it is not required.

Yes, MLOs are required to be sponsored in order to have an active Montana license. Remote MLOs should have an NMLS relationship and sponsorship from the licensed location where their business records are stored.

Montana no longer has a commutable distance requirement.

First, the company and MLO should ensure all requirements for remote work are met. Then, the MLO should review the Employment History section of their MU4 and list the licensed location where business records will be stored as their current employer. Lastly, the company can submit a new Montana sponsorship request for the remote worker after July 1, 2023.

• A branch office is a location controlled by a mortgage entity at which a licensee conducts business other than a licensee’s principal place of business and the address is advertised or otherwise held out to the public as a licensee’s place of business.
• A mortgage loan originator working from a remote location is not a branch office if the remote work requirements are fully met.

A location that meets the definition of a branch and conducts mortgage lending, brokering, or servicing activity must maintain the corresponding branch license.

A licensed branch office must have a branch manager designated in the MU3 form in NMLS. The branch manager may be the company Qualified Individual or another Montana-licensed MLO who has three years of experience as an MLO who will supervise the branch. The branch manager does not need to be physically present at the branch. A supervision plan is no longer required for remote or dual supervision.

If a home office meets the remote work requirements, a branch license is not required.

If you meet the remote work requirements, you can request to surrender the branch license or not renew it at the end of the year.

Yes, a licensee is only required to have one Qualified Individual who supervises all employees and licensed locations. The Montana Mortgage Act calls this person a “designated manager”. The designated manager is responsible for the mortgage origination activity conducted by all mortgage loan originators, employees, independent contractors, and agents assigned to the entity. A licensee may choose to assign more than one Qualified Individual for their Montana licenses or to have additional branch managers for branch locations. (32-9-122, MCA)

Within 15 business days after the licensee has reason to know of the occurrence of a cybersecurity incident, the licensee shall file a written report to the Division. The report may be emailed to mortgagelicensing@mt.gov.