Application

The provisions of this chapter do not apply to: (1) a provider that is a depository institution; (2) a provider that is: (a) (i) a subsidiary of a depository institution; or (ii) a service corporation for a depository institution; and (b) regulated by a federal banking agency; (3) a provider that is regulated under the federal Farm Credit Act 12 U.S.C. Sec. 2001 et seq.; (4) a provider that is licensed as a money transmitter in accordance with Chapter 25, Money Transmitter Act; (5) a provider that consummates five or fewer commercial financing products in the state during any 12 month period; (6) a commercial financing transaction secured by real property; (7) a commercial financing transaction that is a lease as defined in Section 70A-2a-103; (8) a commercial financing transaction that is a purchase-money obligation as defined in Section 70A-9a-103; (9) a commercial financing transaction that: (a) involves a commercial loan or a commercial open-end credit plan; (b) is $50,000 or more; and (c) extends the commercial loan or the commercial open-end credit plan to: (i) a motor vehicle dealer or the motor vehicle dealer's affiliate; or (ii) a motor vehicle rental company as defined in Section 13-48-103 or the motor vehicle rental company's affiliate; (10) a commercial financing transaction offered by a person in connection with the sale of a product or service that: (a) the person manufactures, licenses, or distributes; or (b) the person's parent company or the person's owned and controlled subsidiary manufactures, licenses, or distributes; or (11) a commercial financing transaction of more than $1,000,000.