Current through Register Vol. 24-18, September 15, 2024
What significant events am I required to report to the
department, and how quickly must I report them?
Depending on the significant event, you will have different
reporting periods.
(1)
Ten-day
prenotification required. You must report to the director, in writing,
changes to the following information at least ten days before they occur:
(a) Your location or mailing address. See
RCW
18.44.061 and WAC
208-680-235;
(b) The form of your business organization or
its place of organization. For example, if your business is changing from a
sole proprietorship to a corporation, or from a corporation to a limited
liability corporation, you must notify the department and may be required to
file a new escrow agent application;
(c) The name and mailing address of your
registered agent if you are an out-of-state escrow agent; or
(d) Your legal or trade name.
(2)
Twenty-four hour
post-notification required.
(a) You
must notify the director in writing within twenty-four hours of any change to
the trust status of your trust account. For example, if you use an
interest-bearing trust account because you are required to under a limited
practice officer or attorney license, and the status of your interest-bearing
account changes for any reason, you must notify the department in writing
within twenty-four hours. This notification does not affect your responsibility
to comply at all times with the trust account requirements of the act and WAC
208-680-410.
(b) You must notify the director in writing
within twenty-four hours of receiving any information from a financial
institution that your trust account is overdrawn. The notice to the director
must contain the name of the financial institution holding the trust account
and the trust account number. The notice must also contain a detailed written
statement signed by the designated escrow officer explaining the insufficiency
in your trust account and a copy of any information received from the financial
institution, including, if applicable, a copy of any items returned for
insufficient funds.
(c) You must
notify the director in writing within twenty-four hours of receiving service of
or within the discovery of the initiation of a civil lawsuit, criminal
complaint or administrative action against you, your escrow officers or
employees providing escrow services or with access to the trust account. See
WAC 208-680-570.
(3)
Ten-day post-notification
required. You are required to notify the director in writing within ten
days of the occurrence of any of the following:
(a) The cancellation or expiration of your
Washington state master business license;
(b) For an in-state escrow agent, a change in
your standing with the Washington secretary of state, including the resignation
or change of your registered agent. If you are an out-of-state escrow agent,
you are subject to subsection (1) of this section, which requires ten-day
prenotification;
(c) The escrow
agent filing for bankruptcy;
(d)
The personal bankruptcy filing of one or more of your principal officers,
controlling persons, licensed escrow officers, designated escrow officers, or
branch designated escrow officers; or
(e) Any change in a principal officer, if no
other reporting period is specified in the act or these rules. This includes
changes in ownership affecting ten percent or more of the escrow agent's
equity.
(4)
Other
notification requirements. In addition to the notice requirements under
this section, you are required to follow any other notification requirements in
the act or in these rules. These include, but are not limited to:
(a) For an escrow office closure, see WAC
208-680-245.
(b) For a transfer involving all or
substantially all of its assets, the escrow agent must comply with WAC
208-680-125.
(c) For a change in principal officer or
controlling person of a licensed escrow agent, the escrow agent must comply
with WAC 208-680-125 and
208-680-110 and may be required
to file a new application for an escrow agent license.
(d) For changes in designated escrow officer
or branch designated escrow officer, see WAC
208-680-174.
(e) For termination of a licensed escrow or
limited practice officer, the escrow agent must notify the department within
three business days that the escrow or limited practice officer no longer
represents the escrow agent. If the escrow or limited practice officer was
terminated for dishonesty or financial misconduct involving the business, the
escrow agent must provide the department with a detailed written statement
signed by the designated escrow officer explaining the dishonesty or financial
misconduct; a copy of any information provided to the police; and a copy of any
claim filed under your surety bond or errors and omissions policy.
Within ten business days of the termination, the escrow agent
must deliver the escrow officer's license to the department. See
RCW
18.44.101. If the terminated escrow officer
was the escrow agent's designated escrow officer, see WAC
208-680-176 for additional
notification requirements.
(f) For the filing of quarterly reports, see
WAC 208-680-425.
(g) For civil lawsuit, criminal complaint or
administrative action notification see WAC
208-680-570.
(h) Within five business days of the escrow
agent's license being revoked, surrendered, suspended, or the license expiring,
the escrow agent shall notify the principal parties of preexisting escrows of
the action. The contents of the notification must comply with
RCW
18.44.465.
(i) Within forty-five days of a data breach
you must notify the director in writing. This notification requirement may
change based on directives or recommendations from law enforcement. See also
WAC 208-680-533.
Statutory Authority:
RCW
43.320.040 and chapter 18.44 RCW (as amended
by 2010 c 34). 10-20-124, §
208-680-265, filed 10/5/10,
effective 11/5/10.