Ohio Revised Code Search
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Section 1321.63 | Activities for which consumer installment loan license is required.
...)(1) No person shall do either of the following without first having obtained a license from the superintendent of financial institutions under sections 1321.62 to 1321.702 of the Revised Code: (a) Engage in the business of lending money under sections 1321.62 to 1321.702 of the Revised Code; (b) Contract for, or receive, directly or indirectly, on or in connection with any such loan, any interest and charges th... |
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Section 1321.631 | Applicability of Consumer Installment Loan Act.
...evised Code do not apply to any of the following: (A) Any credit transaction with a loan term of less than six months from the loan transaction date; (B) Any credit transaction that does not require equal monthly payments, unless either of the following applies: (1) The credit transaction contains an interest rate that is tied to a published and verifiable index and the contractual rate of interest is adjusted in... |
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Section 1321.632 | Consumer installment loan licensee authority; prohibited activities.
...ed the licensee does not do any of the following: (A) Assess an origination fee pursuant to section 1321.68 of the Revised Code more than three times in any twelve-month period; (B) Accept a dated instrument from the borrower as security for a loan; (C) Hold an instrument for a period of time prior to negotiation or deposit of the instrument; (D) Pay to a borrower, credit to a borrower's account, or pay to an... |
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Section 1321.64 | Application for consumer installment loan license; approval procedure.
...dable investigation fee of two hundred dollars, a nonrefundable annual registration fee of three hundred dollars, and any additional fee required by the NMLSR, the division of financial institutions shall investigate the relevant facts. If the application involves investigation outside this state, the applicant may be required by the division to advance sufficient funds to pay any of the actual expenses of the invest... |
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Section 1321.641 | Renewal of consumer installment loan license.
...efundable renewal fee of three hundred dollars, any assessment as determined by the superintendent pursuant to division (B) of this section, and any additional fee required by the NMLSR. A licensee shall not be required to pay any other fee or assessment by the state or any political subdivision of the state. (B) If the amount of renewal fees collected by the division of financial institutions is less than the esti... |
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Section 1321.642 | Effect of change in ownership of a consumer installment loan licensee; notice.
...(A) If there is a change of five per cent or more in the ownership of a licensee, the division of financial institutions may make any investigation necessary to determine whether any fact or condition exists that, if it had existed at the time of the original application for a license, the fact or condition would have warranted the division to deny the application under section 1321.64 of the Revised Code. (B) A li... |
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Section 1321.643 | Place of business; additional consumer installment loan licenses; change of place of business or name.
...(A)(1) Not more than one place of business shall be maintained under the same license, but the superintendent of financial institutions may issue additional licenses to the same licensee upon compliance with sections 1321.62 to 1321.702 of the Revised Code. (2) Each licensed place of business shall be located in a state. (B)(1) When a licensee wishes to change its place of business, it shall give at least fifteen... |
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Section 1321.644 | Persons selling tangible goods or services.
...No person engaged in the business of selling tangible goods or services related to tangible goods may receive or retain a license under sections 1321.62 to 1321.702 of the Revised Code for such place of business. |
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Section 1321.65 | Asset requirements of consumer installment loan licensee.
...evised Code shall maintain both of the following: (A) A net worth of at least fifty thousand dollars; (B) For each license, assets of at least fifty thousand dollars either in use or readily available for use in the conduct of the business. |
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Section 1321.651 | Advertising for consumer installment loans.
...All of the following apply to advertising for loans made under sections 1321.62 to 1321.702 of the Revised Code: (A) Every advertisement shall state and clearly indicate the identity of the licensee and shall do so in such a manner that prevents confusion with the name of any other unrelated licensee. Licensees shall be identified by means of trade names, service marks, or business names that are filed with the div... |
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Section 1321.66 | Consumer installment loan licensee recordkeeping; examination of records.
...A licensee shall keep and preserve the following records: (1) A sortable electronic spreadsheet that discloses the following fields of information: (a) Principal borrower's name; (b) Principal borrower's address or property address; (c) Loan or account number; (d) Type of the security for the loan; (e) Date of loan; (f) Amount financed; (g) Date finance charges begin to accrue; (h) Loan origination ... |
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Section 1321.661 | Consumer installment loan licensee call reports.
...(A) Each licensee shall submit to the NMLSR call reports or other reports of condition, which reports shall be in such form and shall contain such information as the NMLSR may require. (B)(1) As required by the superintendent of financial institutions, each licensee shall file with the division of financial institutions an annual report under oath or affirmation, on forms supplied by the division, concerning the bu... |
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Section 1321.662 | Confidential information.
...(A)(1) The following information is confidential: (a) Examination information, and any information leading to or arising from an examination; (b) Investigation information, and any information arising from or leading to an investigation. (2) The information described in division (A)(1) of this section shall remain confidential for all purposes except when it is necessary for the superintendent of financial inst... |
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Section 1321.663 | Consumer Installment Loan Act investigations - prohibited acts.
...sed Code shall knowingly do any of the following: (A) Circumvent, interfere with, obstruct, or fail to cooperate with the superintendent, including making a false or misleading statement, failing to produce records, or intimidating or suborning any witness; (B) Withhold, abstract, remove, mutilate, destroy, or secrete any books, records, computer records, or other information; (C) Tamper with, alter, or manufac... |
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Section 1321.664 | Compliance with federal laws and regulations.
...In order to reduce the risk of consumer fraud and related harms, including identity theft, licensees shall comply with the provisions of the "Fair and Accurate Credit Transactions Act of 2003," 117 Stat. 1952 (amended 2010), 15 U.S.C. 1681w, as in effect on November 30, 2016, the "Gramm Leach Bliley Act," 113 Stat. 1138 (1999) (amended 2010), 15 U.S.C. 6801, as in effect on November 30, 2016, including those federa... |
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Section 1321.665 | Preservation of consumer installment loan books and records before ceasing business.
...Before ceasing to conduct or discontinuing business as a licensee, the licensee shall arrange for and be responsible for the preservation of the books and records required to be maintained and preserved under sections 1321.62 to 1321.702 of the Revised Code and shall notify the division of financial institutions in writing of the exact address where the books and records will be maintained during the required period. |
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Section 1321.666 | Authority of superintendent to enforce Consumer Installment Loan Act.
...The superintendent of financial institutions may suspend, revoke, or refuse to renew any license issued by the superintendent under sections 1321.62 to 1321.702 of the Revised Code, or bring any other authorized administrative enforcement action in accordance with section 1321.70 of the Revised Code, against any person for failure to maintain records in accordance with section 1321.66 of the Revised Code. |
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Section 1321.667 | Reimbursement of licensee for costs associated with providing consumer installment loan records.
...porting those records according to the following schedule: (1) Reimbursement of search and processing costs shall be the total amount of personnel direct time incurred in locating and retrieving, reproducing, packaging, and preparing financial records for shipment. The rate for search and processing costs shall be eleven dollars per hour per person, computed on the basis of two dollars and seventy-five cents per qu... |
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Section 1321.67 | Closing of consumer installment loans; duties of licensee.
...ace of business for which the licensee holds a valid license. (C) Licensees have an ongoing duty to notify the division of financial institutions of material changes in the information contained in the application and exhibits, schedules, and other documentation submitted in conjunction with the application, and to report all changes or additions to information in the application within thirty days of the change. M... |
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Section 1321.671 | Repayment of consumer installment loan.
...(A) Upon repayment of the loan in full, the original note signed by any obligor or copy, photograph, or stored representation of the original note as retained in accordance with section 1321.66 of the Revised Code shall be plainly marked "paid" or "canceled" and the note or the reproduction of the note shall be returned to the obligor or, if there are two or more obligors, to one of them. (B) If requested, the lic... |
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Section 1321.672 | Insurance obtained on behalf of consumer installment loan borrower.
... borrower at the borrower's expense, a policy or certificate of insurance properly executed shall be furnished to the borrower within fifteen days of the closing date of the loan. The policy or certificate shall state the name of the insurance company, the nature of the insurance, the extent of the coverage, the amount of the premium, and the effective and expiration dates of the policy. (B) If a licensee furnishes... |
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Section 1321.673 | Evading consumer installment loan requirements.
...usiness in which any other business is solicited or engaged in, or in association or conjunction with any other such business, if the superintendent of financial institutions finds, pursuant to a hearing conducted in accordance with Chapter 119. of the Revised Code, that the other business is of such a nature that the conduct tends to conceal evasion of sections 1321.62 to 1321.702 of the Revised Code, and orders the... |
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Section 1321.674 | Forfeiting consumer installment loan interest for interest rate violation.
...(A) Any person that willfully violates section 1321.68 of the Revised Code shall forfeit to the borrower the amount of interest paid by the borrower. The maximum rate of interest applicable to any loan transaction that does not comply with section 1321.68 of the Revised Code shall be the rate that would be applicable in the absence of sections 1321.62 to 1321.702 of the Revised Code. ( B) Any extension of credit u... |
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Section 1321.68 | Consumer installment loan maximum interest rate; computation of interest; precomputed loans; permissible charges; insurance.
...his section, a licensee may charge and collect interest for the first installment period based on elapsed time from the date of the loan to the first scheduled payment due date, and for each succeeding installment period from the scheduled payment due date to the next scheduled payment due date, regardless of the date or dates the payments are actually made. (c) Whether a licensee computes interest pursuant to divi... |
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Section 1321.681 | Open-end consumer installment loans.
...in each billing cycle by either of the following methods: (1) By multiplying the daily rate by the daily unpaid balance of the account, in which case the daily rate is determined by dividing the annual rate by three hundred sixty- five; (2) By multiplying the monthly rate by the average daily unpaid balance of the account in the billing cycle, in which case the average daily unpaid balance is the sum of all of th... |