§ 40-60-330 — Registration; requirements.

South Carolina § 40-60-330

• Jurisdiction: South Carolina
• Title 40: PROFESSIONS AND OCCUPATIONS
• Ch. 60: REAL ESTATE APPRAISERS AND APPRAISAL MANAGEMENT COMPANIES

Text

(A)(1) A person may not directly or indirectly engage or attempt to engage in business as an appraisal management company, or directly or indirectly engage or attempt to perform appraisal management services, or advertise or hold himself out as engaging in or conducting business as an appraisal management company without first obtaining a registration issued by the board under the provisions of this chapter. (2) To register as an appraisal management company, an applicant shall submit to the board an application on a form or forms prescribed by the board. (B) The registration application required in subsection (A) must include: (1) the name of the entity seeking registration; (2) the business address of the entity seeking registration; (3) contact information of the entity seeking registration; (4) the name and contact information for the company's agent for service of process in this State if the entity seeking registration is not a corporation that is domiciled in this State; (5) contact information for an individual, corporation, partnership, or other business entity that owns ten percent or more of the appraisal management company; (6) the name, address, and contact information of a controlling person; (7) certification that the entity seeking registration has a system and process in place to verify that a person being added to the appraiser panel of the appraisal management company holds a certification or license in good standing in this State pursuant to the South Carolina Real Estate Appraisers Act; (8) certification that the applicant has a system in place to review the work of all certified or licensed appraisers who are independent contractors and perform real estate appraisal services for the appraisal management company on a periodic basis to validate that the real estate appraisal services are being conducted pursuant to Uniform Standards of Professional Appraisals Practice; (9) certification that the entity maintains a detailed record of each service request that it receives and the certified or licensed appraisers who are independent contractors and who perform the real estate appraisal services for the appraisal management company; (10) an irrevocable consent to service of process; (11) a surety bond in the amount of twenty-five thousand dollars on a surety bond form approved by the board, provided: (a) the registration requirement provided in this item does not apply to an individual appraiser or an individual appraiser serving on an appraisal panel of an appraisal management company, and appraisal management companies are responsible for any cost of a surety bond as required by this item; (b) surety bond claims may be filed by the claimant in accordance with the terms of the surety bond on a bond claim form approved by the board, provided claims are limited to actual damages and do not include attorney's fees or punitive damages incurred by the claimant; and (c) all liability on a surety bond is applicable to the surety bond in effect as of the date of occurrence which gave rise to the liability; (12) a criminal history background check, pursuant to Section 40-60-31(5), for each controlling person and any individual who owns more than ten percent of the appraisal management company. All costs associated with obtaining a criminal history background check shall be the responsibility of the regulated individual or entity; and (13) certification that the person has a system in place to require that appraisals are conducted independently and free from inappropriate influence and coercion, as required by the appraisal independence standards established under Section 129E of the Truth in Lending Act, 15 U.S.C. Section 1639e. (C) A change of an entity's name, address, organizational status, or federal identification number must be reported to the department within fifteen days. Failure to do so may result in registration cancellation and the requirement of the new entity to submit an initial application and meet all requirements for registration. (D) The board shall review and approve or deny the registration of an appraisal management company.

Legislative History

HISTORY: 2017 Act No. 32 (S.279), SECTION 1, eff May 10, 2017; 2018 Act No. 197 (S.877), SECTIONS 1 and 3, eff May 15, 2018; 2024 Act No. 196 (H.3278), SECTION 17, eff May 21, 2024. Editor's Note 2017 Act No. 32, SECTION 5, provides as follows: "SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available." Effect of Amendment 2018 Act No. 197, SECTION 1, in (B)(11), added "or a surety bond in an amount not to exceed fifty thousand dollars, whichever the registering appraisal management company selects" at the end. 2018 Act No. 197, SECTION 3, added (E), providing exceptions to registration requirements. 2024 Act No. 196, SECTION 17, in (A), deleted (3); in (B), inserted "application" and rewrote (11) and (12); and deleted (E).