General exemptions

9 V.I.C. § 767 — under Virgin Islands Finance Lenders.

9 V.I.C. § 767

(a) This chapter does not apply to any person doing business under any law of any state or territory or of the United States relating to banks, trust companies, savings and loan associations, insurance premium finance agencies, federal credit unions, small loans and pawnbrokers, mortgage lenders and brokers, mortgage loan originators and International Financial Services Entities when acting under federal law or other state authority.

(b) This chapter does not apply to a check casher who holds a valid license issued pursuant to section 521 of this title when acting under the authority of that license.

(c) This chapter does not apply to a college or university making a loan for the purpose of permitting a person to pursue a program or course of study leading to a degree or certificate.

(d) This chapter does not apply to a broker-dealer acting pursuant to a certificate then in effect and issued pursuant to section 631 of this title.

(e) This chapter does not apply to any person who makes five loans or less in a 12-month period, these loans are commercial loans as defined in section 914(c), and the loans are incidental to the business of the person relying upon the exemption.

(f) This chapter does not apply to any public corporation, any public entity or any agency of any one or more of the foregoing, when making any loan so long as the public corporation, public entity, or agency of any one or more of the foregoing complies with all applicable federal, state and territorial laws and regulations.

(g) This chapter does not apply to the Economic Development Bank, authorized pursuant to chapter 21 of title 29 Virgin Islands Code.

(h) This chapter does not apply to any loan that is made or arranged by any person licensed as a real estate broker by the Territory and secured by a lien on real property, or to any licensed real estate broker when making such a loan. A licensed real estate broker may make a loan secured by a lien on real property for sale to a finance lender or arrange for a loan secured by a lien on real property to be made by a Finance lender without obtaining a license under this chapter.

(i) In any proceeding under the law the burden of proving an exemption is upon the person claiming it.