Illinois Compiled Statutes 225 ILCS 459 Appraisal Management Company Registration Act. Section 10

    (225 ILCS 459/10)

    Sec. 10. Definitions. In this Act:

    "Address of record" means the designated address recorded by the Department in the applicant's or registrant's application file or registration file maintained by the Department's registration maintenance unit. It is the duty of the applicant or registrant to inform the Department of any change of address, and the changes must be made either through the Department's website or by contacting the Department's registration maintenance unit within a prescribed time period as defined by rule.

    "Applicant" means a person or entity who applies to the Department for a registration under this Act.

    "Appraisal" means (noun) the act or process of developing an opinion of value; an opinion of value (adjective) of or pertaining to appraising and related functions.

    "Appraisal firm" means an appraisal entity that is 100% owned and controlled by a person or persons licensed in Illinois as a certified general real estate appraiser or a certified residential real estate appraiser. An appraisal firm does not include an appraisal management company.

    "Appraisal management company" means any corporation, limited liability company, partnership, sole proprietorship, subsidiary, unit, or other business entity that directly or indirectly performs the following appraisal management services: (1) administers networks of independent contractors or employee appraisers to perform real estate appraisal assignments for clients; (2) receives requests for real estate appraisal services from clients and, for a fee paid by the client, enters into an agreement with one or more independent appraisers to perform the real estate appraisal services contained in the request; or (3) otherwise serves as a third-party broker of appraisal management services between clients and appraisers.

    "Appraisal report" means a written appraisal by an appraiser to a client.

    "Appraisal practice service" means valuation services performed by an individual acting as an appraiser, including, but not limited to, appraisal, appraisal review, or appraisal consulting.

    "Appraiser" means a person who performs real estate or real property appraisals.

    "Assignment result" means an appraiser's opinions and conclusions developed specific to an assignment.

    "Board" means the Real Estate Appraisal Administration and Disciplinary Board.

    "Client" means the party or parties who engage an appraiser by employment or contract in a specific appraisal assignment.

    "Controlling Person" means:

        (1) an owner, officer, or director of an entity

    seeking to offer appraisal management services;

        (2) an individual employed, appointed, or authorized

    by an appraisal management company who has the authority to:

            (A) enter into a contractual relationship with a

        client for the performance of an appraisal management service or appraisal practice service; and

            (B) enter into an agreement with an appraiser for

        the performance of a real estate appraisal activity; or

        (3) an individual who possesses, directly or

    indirectly, the power to direct or cause the direction of the management or policies of an appraisal management company.

    "Coordinator" means the Coordinator of the Appraisal Management Company Registration Unit of the Department or his or her designee.

    "Department" means the Department of Financial and Professional Regulation.

    "Entity" means a corporation, a limited liability company, partnership, a sole proprietorship, or other entity providing services or holding itself out to provide services as an appraisal management company or an appraisal management service.

    "End-user client" means any person who utilizes or engages the services of an appraiser through an appraisal management company.

    "Financial institution" means any bank, savings bank, savings and loan association, credit union, mortgage broker, mortgage banker, registrant under the Consumer Installment Loan Act or the Sales Finance Agency Act, or a corporate fiduciary, subsidiary, affiliate, parent company, or holding company of any registrant, or any institution involved in real estate financing that is regulated by State or federal law.

    "Person" means individuals, entities, sole proprietorships, corporations, limited liability companies, and partnerships, foreign or domestic, except that when the context otherwise requires, the term may refer to a single individual or other described entity.

    "Quality control review" means a review of an appraisal report for compliance and completeness, including grammatical, typographical, or other similar errors, unrelated to developing an opinion of value.

    "Real estate" means an identified parcel or tract of land, including any improvements.

    "Real estate related financial transaction" means any transaction involving:

        (1) the sale, lease, purchase, investment in, or

    exchange of real property, including interests in property or the financing thereof;

        (2) the refinancing of real property or interests in

    real property; and

        (3) the use of real property or interest in property

    as security for a loan or investment, including mortgage backed securities.

    "Real property" means the interests, benefits, and rights inherent in the ownership of real estate.

    "Secretary" means the Secretary of Financial and Professional Regulation.

    "USPAP" means the Uniform Standards of Professional Appraisal Practice as adopted by the Appraisal Standards Board under Title XI.

    "Valuation" means any estimate of the value of real property in connection with a creditor's decision to provide credit, including those values developed under a policy of a government sponsored enterprise or by an automated valuation model or other methodology or mechanism.

(Source: P.A. 97-602, eff. 8-26-11.)

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Last modified: February 18, 2015