Remote Work Policies

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During the COVID-19 coronavirus pandemic, independent mortgage bank (IMB) members of MBA received permission from state regulators for their licensed staff to work from other than a licensed location in states that require members of their teams to operate from a licensed branch. These guidance documents and "no action" letters allowed the real estate finance industry, a vital engine of the American economy, to continue to function and serve consumers during this time of national crisis.

The pandemic has also tested both industry and regulators to rethink and change their operational models. For example, these policies have helped prepare industry and regulators better for future uncertainties such as regional natural disasters or national emergencies. Given this experience, MBA believes the time is right for state policymakers and the IMBs they supervise to review and reconsider the future of state licensing and apply lessons learned. To help facilitate these changes, MBA has released a  proposed model state legislation and regulation to apply the lessons of the pandemic and make these flexibilities permanent.  Talking pointsFAQs, and an  issue brief are also available.

Licensing Flexibility by State


Law or Regulation Enacted to Permit Remote Work
Temporary Guidance to Permit Remote Work
Active Legislation to Permit Remote Work

Recent Activity Related to State Licensing Flexibility/Remote Work Policies

  • May 4, 2023: Florida legislature approves legislation (HB 1185) permitting remote work for licensed MLOs. Legislation awaits the signature of Governor Ron DeSantis.  
  • March 26, 2023: Virginia Governor signs bill (HB-2389) to enact remote work in the Commonwealth.
  • March 14, 2023: Nevada Assembly introduces legislation (AB 284) to allow the business of mortgage companies to be conducted from a remote location under certain circumstances.  
  • March 7, 2023: Virginia Senate passes legislation (HB 2389) to revise remote location requirements for mortgage lending and brokerage entities, as well as independent contractors.
  • March 1, 2023: Florida legislation (SB 1398/HB 1185) permitting remote work for licensed MLOs introduced. See section 1 on page 3.
  • February 27, 2023: California DFPI issues guidance to clarify position on remote work and thus permitting it.
  • February 17 2023: Illinois HB 3487 introduced. Would amend law to allow MLOs to work from a remote location (see paragraph (bbb) on page 26).
  • February 16, 2023: Montana enacts legislation (HB 30) to permit remote work.
  • January 17, 2023: Bill (HB2389) permitting remote work introduced in Virginia Legislature. 
  • January 10, 2023: Nebraska Legislature introduces bill (LB214) to give the Nebraska Department of Banking and Finance the authority to promulgate rules allowing remote work. 
  • November 23, 2022: Washington D.C. Department of Insurance Securities and Banking (DISB) issued a bulletin that outlines their guidance for mortgage loan originators (MLOs) to work away from a licensed branch location. 
  • December 2, 2022: Bill (HB-30, see section 7) introduced in Montana contains remote work authorization.
  • September 20, 2022: Oregon Department of Consumer and Business Services Finance and Securities Regulation Promulgates Rules to Permit Remote Work. Effective October 1, 2022.
  • June 29, 2022: Rhode Island enacts remote work legislation (H7881) in state.
  • June 14, 2022: Ohio Governor DeWine signs legislation (S 264) to permit remote work.
  • June 7, 2022: American Association of Residential Mortgage Mortgage Regulators (AARMR) releases "Best Practices for Permitting Employees to Work Remotely" guidance. Document provides state regulators with principles for implementing remote work policies for mortgage loan originators (MLOs).
  • June 1, 2022: Wyoming Division of Banking issues memo stating their position on regulated activities happening away from a licensed location.
  • April 25, 2022: Kansas Governor signs bill (HB 2568) to permanently permit remote work.
  • April 8, 2022: Kentucky Gov. Andy Beshear signs legislation (HB 643) to allow MLOs to work remotely.
  • April 8, 2022: Tennessee Legislation (HB 2304) to allow remote work becomes  law.
  • March 18, 2022: South Dakota Gov. signs legislation (HB 1271) to allow remote work.
  • March 16, 2022: Oklahoma DOCC extends remote work guidance to 12/31/2022.
  • February 28, 2022: MBA of Arkansas sends letter to National Governors Association Chair, Asa Hutchinson, urging him to promote remote work to his colleagues.
  • February 3, 2022: Pennsylvania Gov. Wolf signs legislation (HB1588) that permits MLOs to work away from a licensed branch location.
  • January 31, 2022: MBA's Kobie Pruitt testifies in support of Kansas remote work legislation ( HB 2568) that is consistent with MBA model state law and regulations.
  • January 1, 2022: Idaho Department of Finance issued guidance that permits remote work 
  • December 29, 2021: West Virginia DFI extends remote work guidance to June 1. 2022
  • December 8, 2021: Rhode Island Department of Business Regulation makes  August remote work guidance permanent.
  • November 4, 2021: Texas implements remote work guidance.
  • October 14, 2021: South Dakota Extends Interim Guidance to June 30, 2022
  • August 23, 2021: Washington Postpones Final Rules to Implement New Law, Extends Interim Guidance to Permit Remote Work Until End of 2021
  • August 6, 2021: Wisconsin Department of Financial Services (DFI) Extends Remote Work Guidance Effective 10/15/21. Important Note: "The mortgage banker, broker or registered entity sponsoring the mortgage loan originator must notify the Division by sending an email to [email protected] No response will be issued to the email submission due to the no-action position."
  • July 29, 2021: New Hampshire Banking Department Clarifies  Position on Remote Work
  • July 26, 2021: Iowa Division of Banking Issues Guidance to Allow Remote Work
  • July 12, 2021: Massachusetts Office of Consumer Affairs and Business Regulation released written guidance indefinitely extending remote work flexibilities for licensed staff of nonbank lenders. The Division also clarified that licensed MLOs are not required to live within a certain distance of a branch office. 
  • July 1, 2021: Connecticut Banking Department  Issues Remote Work Guidance
  • June 29, 2001: MBA Urges State Mortgage Regulator and Governor Associations to Collaborate on Extending MLO Remote Work Flexibilities. 
  • June 24, 2021: Pennsylvania Bill Enabling Remote Work has been  Referred to the House Banking and Insurance Committee 
  • June 23, 2021: Connecticut Governor  Signs Senate Omnibus Bill with Language that Orders Banking Commissioner to Establish Remote Work Processes
  • June 17, 2021: Rhode Island House  Passes Legislation that would Allow Remote Work Flexibilities 
  • June 9, 2021: Kansas OMBA  Announces that it will Extend Remote Work Guidance through July 1, 2022; Commits to Working with Legislature to Make Guidance Permanent
  • May 12, 2021: Vermont  Enacts Legislation Permitting Remote Work
  • April 9, 2021: Maryland Adopts Rules Allowing Remote Work as Proposed on January 29th (See Below)
  • April 7, 2021: Washington Governor  Signs Legislation to Provide Remote Work Flexibilities
  • March 21, 2021: Arkansas  Passes Legislation that Enables the Secretary of State to Promulgate Rules Allowing Remote Work
  • February 26, 2021: MBA and MMBBA Comment on Maryland Department of Labor's Proposed Rules for Remote Work
  • February 17, 2021:  MBANow discussion of MBA's new model bill and regulation to broadly modernize state licensing requirements for state licensed companies and their licensed staff
  • February 16, 2021: MBA Newslink, " MBA Launches Licensing Flexibility Campaign with State Partners"
  • January 29, 2021: Maryland Commissioner of Financial Regulation Proposes Remote Work Regulation
  • January 28, 2021: MBA Hosts Meeting to Discuss Remote Work Campaign for State Partners
  • January 19, 2021: Legislation  Introduced in Arkansas would give State Regulator Authority to Promulgate Rules
  • January 11, 2021: Washington  Introduces Legislation to Allow Licensed MLOs to Work from Home
  • January 1, 2021: Nebraska  Extends Remote Work Guidance through 12/31/21
  • December 15, 2020: Minnesota Commerce Department  Issues Sweeping "Non-Depository Financial Institution Telework Guidance
  • October 15, 2020: MBA Campaign Message to State and Local Associations to Seek Work from Home Policy Extensions 
  • August 25, 2020: Conference of State Bank Supervisors Non-Depository Supervisory Committee  Memorandum Urging Licensing Flexibility
  • July 24, 2020: MBA  Letter to CSBS on Remote Work Flexibility for State Licensees


Related MBA Now Video: William Kooper Provides Update on Remote Work Campaign

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