Ohio Revised Code Search
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Section 1321.04 | Small loan license application approval.
...ial institutions shall investigate the facts concerning the applicant and the requirements provided for in divisions (A)(1) and (2) of this section. The division shall approve the application and issue and deliver a license to the applicant if the division finds both of the following: (1) That the financial responsibility, experience, and general fitness of the applicant and of the members thereof, if the applica... |
Section 1321.05 | Contents of small loan license; annual fee and assessment; assets.
...Each license shall state the address at which the business is to be conducted and shall state fully the name of the licensee. Each license shall be kept conspicuously posted in the place of business of the licensee and is not transferable or assignable. Each license shall remain in effect until surrendered, revoked, or suspended under section 1321.08 or 3123.47 of the Revised Code. Every licensee shall each year pa... |
Section 1321.06 | Additional small loan licenses; change of place of business.
...Not more than one place of business shall be maintained under the same license issued under sections 1321.01 to 1321.05 of the Revised Code, but the division of financial institutions may issue additional licenses to the same licensee upon compliance with such sections. No change in the place of business of a licensee to a location outside the original municipal corporation shall be permitted under the same license.... |
Section 1321.07 | Examination of small loan licensee's records; division powers.
...de, whether or not the person claims to act under such sections. For the purpose of this section, any person who advertises, solicits, or holds self out as willing to make, find, or arrange for another person to make loan transactions in the amount or of the value of five thousand dollars or less, is presumed to be engaged in the business described in the first paragraph of section 1321.02 of the Revised Code... |
Section 1321.08 | Suspension or revocation of small loan license.
...o the licensee stating the contemplated action and the grounds therefor, and upon reasonable opportunity to be heard, suspend or revoke any license issued by the division if it finds that: (1) The licensee is in default in the payment of the annual license fee or assessment prescribed in section 1321.20 of the Revised Code or has failed to comply with any order of the division made and entered under division (A) of ... |
Section 1321.09 | Small loan licensee recordkeeping; annual report.
...ity" includes a regulator of a business activity in which a licensee is engaged, or has applied to engage in, to the extent that the regulator has jurisdiction over a licensee engaged in that business activity. A licensee is engaged in a business activity, and a regulator of that business activity has jurisdiction over the licensee, whether the licensee conducts the activity directly or a subsidiary or affiliate of t... |
Section 1321.10 | Small Loan Law rules and orders; procedure in case of violation; certified statements.
...including books, papers, documents, and records pertaining thereto or so much thereof as the court finds reasonably necessary to prevent further violations of sections 1321.01 to 1321.19 of the Revised Code, through or by means of the use of said property and business. Such receiver, when appointed and qualified, has such powers and duties as to custody, collection, administration, winding up, and liquidation of the ... |
Section 1321.11 | Prohibited statements and representations.
...No licensee or other person subject to sections 1321.01 to 1321.19 of the Revised Code shall advertise, display, distribute, or broadcast or cause or permit to be advertised, displayed, distributed, or broadcast, any false, misleading, or deceptive statement or representation with regard to the rates, terms, or conditions for loans made under those sections. The division of financial institutions shall require that c... |
Section 1321.12 | Small loan licensee - prohibited acts.
...No licensee shall conduct the business of making loans under sections 1321.01 to 1321.19 of the Revised Code, within any office, room, or place of business in which any other business is solicited or engaged in, or in association or conjunction therewith, if the division of financial institutions finds, after hearing, that the other business is of such nature that such conduct tends to conceal evasion of those sectio... |
Section 1321.13 | Small loan maximum interest rate; computation of interest; precomputed loans; permissible charges; insurance.
... the Revised Code, a licensee may contract for and receive interest, calculated according to the actuarial method, at a rate or rates not exceeding twenty-eight per cent per year on that portion of the unpaid principal balance of the loan not exceeding one thousand dollars and twenty-two per cent per year on any part of the unpaid principal balance exceeding one thousand dollars. A licensee may contract for an... |
Section 1321.131 | Small loan alternative interest rate.
...f the Revised Code, a licensee may contract for and receive interest at any rate or rates agreed upon or consented to by the parties to the loan contract or open-end loan agreement, but not exceeding an annual percentage rate of twenty-five per cent. |
Section 1321.14 | Duties of small loan licensee; prohibited acts.
...de in advance in any amount on any contract of loan at any time, but the licensee may apply the payment first to all interest and charges due up to the date of the payment; (D) Upon repayment of the loan in full, mark plainly every obligation signed by any obligor, or a copy of the signed obligation, "paid" or "canceled" and return it and any pledge to the borrower or, if there are two or more borrowers, to one of t... |
Section 1321.141 | Small loan requirements and restrictions.
... (B) A licensee shall not engage in any act or practice to evade the requirement of division (A) of this section, including by assisting a borrower to obtain a loan on terms that would be prohibited by that division. (C) No licensee shall fail to comply with this section. |
Section 1321.15 | Loans designed to circumvent limitations on interest rates, charges, or loan amount.
...ently or both, under more than one contract of loan at the same time for the purpose or with the result of obtaining a higher rate of interest or greater charges than would otherwise be permitted upon a single loan made under sections 1321.01 to 1321.19 of the Revised Code. (B) No licensee shall charge, contract for, or receive, directly or indirectly, interest and charges greater than such licensee would be perm... |
Section 1321.16 | Open-end loans by small loan licensee.
...f the Revised Code, a licensee may contract for and receive interest for open-end loans at a rate or rates not exceeding those provided in division (A) of section 1321.13 of the Revised Code and may compute interest in each billing cycle by either of the following methods: (1) By multiplying the daily rate or rates by the daily unpaid balance of the account, in which case the daily rates are determined by dividing t... |
Section 1321.17 | Out-of-state small loans.
...the Revised Code has been charged, contracted for, or received is enforceable in this state and every person participating therein in this state is subject to sections 1321.01 to 1321.19 of the Revised Code; provided that this section does not apply to loans legally made in any state under and in accordance with a regulatory loan law similar in principle to such sections. All loan contracts made with residents of thi... |
Section 1321.18 | Civil action to reverse, rescind, or modify division order.
...alleging to be aggrieved by an order or action of the division of financial institutions, within thirty days from the entry of the order complained of, or within sixty days of the action complained of if there is no order, may file a complaint against the superintendent of financial institutions in the court of common pleas of Franklin county. Such complaint may pray for reversal, rescission, or modification of the o... |
Section 1321.19 | Cancellation or alteration of small loan license does not impact existing contracts.
...the obligation of any pre-existing contract between any licensee and any borrower, nor the right of the licensee to collect principal, interest, and charges as set forth in said obligation. |
Section 1321.20 | Fees - licenses, registration under this chapter and for pawnbrokers and precious metals dealers.
...(A) Every person licensed or registered under this chapter shall pay to the superintendent of financial institutions, prior to the last day of June, an annual license or certificate of registration fee. On or about the fifteenth day of April of each year, the superintendent shall determine the license or certificate fees to be charged, pursuant to sections 1321.03, 1321.05, and 1321.73 of the Revised Code. Such d... |
Section 1321.21 | Consumer finance fund.
...division of financial institutions. All actual and necessary expenses incurred by the superintendent, including any services rendered by the department of commerce for the division's administration of Chapters 1321., 1322., 4712., 4727., and 4728., sections 1315.21 to 1315.30, and sections 1349.25 to 1349.37 of the Revised Code, shall be paid from the fund. The fund shall be assessed a proportionate share of the admi... |
Section 1321.31 | Assignment of personal earnings - requirements, limitations, priority.
...No assignment of, or order for, wages or salary is valid unless made in writing by the person by whom the said wages or salary are earned and no assignment of, or order for, wages or salary made by a married person is valid unless the written consent of the husband or wife of the person making such assignment or order is attached to such assignment or order. No assignment of, or order for, wages or salary of a minor ... |
Section 1321.32 | Assignment of wages invalid - exception.
... does not affect or invalidate any contract or agreement between employers and their employees, or as between employers, employees, and any labor union as to any checkoff on the wages of such employees as may be agreed upon. This section and section 4113.16 of the Revised Code shall not affect or invalidate any deduction from the wages or salary made in accordance with a payroll deduction plan agreed upon between the... |
Section 1321.33 | Wage assignments for support of spouse or children not subject to Small Loan Law or R.C. 1321.31.
...The limitations and regulations of sections 1321.01 to 1321.19 and 1321.31 of the Revised Code do not apply to assignments of, or orders for, wages for the support of a spouse or children when such assignments or orders are made to comply with an order of a court of record. The employee may assign whatever portion of his earnings that may be required to comply with the court order for support. |
Section 1321.35 | Short-term Loan Law definitions.
...ame meaning as in the "Truth in Lending Act," 82 Stat. 149 (1980), 15 U.S.C. 1606, as implemented by regulations of the consumer financial protection bureau. All fees and charges, including interest and the loan origination charge and monthly maintenance fees authorized under section 1321.40 of the Revised Code, shall be included in the computation of the annual percentage rate. (E) "Licensee" means a person license... |
Section 1321.36 | Short-term loan license required; telephone and mail loans; exceptions; applicability of Short-term Loan Law.
...aking short-term loans to a borrower in Ohio, or, in whole or in part, make, offer, or broker a loan, or assist a borrower in Ohio to obtain such a loan, without first having obtained a license from the superintendent of financial institutions under sections 1321.35 to 1321.48 of the Revised Code. (B) No person shall make, offer, or broker a loan, or assist a borrower to obtain a loan, via the telephone or mail. (C... |