2023 Connecticut General Statutes
Title 36a - The Banking Law of Connecticut
Chapter 669 - Regulated Activities
Section 36a-671c. - Exceptions.
The provisions of sections 36a-671 to 36a-671d, inclusive, shall not apply to the following: (1) Any attorney admitted to the practice of law in this state who engages or offers to engage in debt negotiation as an ancillary matter to such attorney's representation of a client; (2) any bank, out-of-state bank, Connecticut credit union, federal credit union or out-of-state credit union; (3) any wholly-owned subsidiary of any such bank or credit union; (4) any operating subsidiary where each owner of such operating subsidiary is wholly owned by the same such bank or credit union; (5) any person licensed as a debt adjuster pursuant to sections 36a-655 to 36a-665, inclusive, while performing debt adjuster services; (6) any person acting under the order of a court; or (7) any bona fide nonprofit organization organized under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time.
(P.A. 09-208, S. 31; P.A. 11-216, S. 43; P.A. 14-89, S. 22.)
History: P.A. 11-216 amended Subdiv. (1) to replace “when engaged in such practice” with “who engages or offers to engage in debt negotiation as an ancillary matter to such attorney's representation of a client”; P.A. 14-89 deleted proviso in Subdiv. (2), added new Subdiv. (3) re wholly-owned subsidiary and new Subdiv. (4) re operating subsidiary and redesignated existing Subdivs. (3) to (5) as Subdivs. (5) to (7).
Subdiv. (1) re inapplicability of provisions to attorneys offends the separation of powers provision of Art. 2 of the Connecticut Constitution and is unenforceable with respect to Connecticut attorneys engaged in the bona fide practice of law; assuming the facts alleged in the complaint by plaintiff to be true, the debt negotiation services provided by plaintiff are inextricably bound together with the practice of law by licensed Connecticut attorneys and their regulation falls under the exclusive authority of the Judicial Branch. 318 C. 652.
