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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

Ohio Revised Code Search

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notice requirement for loan maturity
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Section 1321.32 | Assignment of wages invalid - exception.

...ocable at any time by the employee upon notice to the employer up to the time of payment thereof.

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.

...8 of the Revised Code: (A) "Short-term loan" means a loan made pursuant to sections 1321.35 to 1321.48 of the Revised Code. (B) "Superintendent of financial institutions" includes the deputy superintendent for consumer finance as provided in section 1181.21 of the Revised Code. (C) "Interest" means all charges payable directly or indirectly by a borrower to a licensee as a condition to a loan, including fees, serv...

Section 1321.36 | Short-term loan license required; telephone and mail loans; exceptions; applicability of Short-term Loan Law.

...ge in the business of making 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...

Section 1321.37 | Application for short-term loan license; fee; approval procedure; assets; bond.

... facts concerning the applicant and the requirements provided by this division. The superintendent shall request the superintendent of the bureau of criminal identification and investigation, or a vendor approved by the bureau, to conduct a criminal records check based on the applicant's fingerprints in accordance with section 109.572 of the Revised Code. Notwithstanding division (L) of section 121.08 of the Revised ...

Section 1321.38 | Contents of short-term loan license; additional licenses; change of place of business.

...he same municipal corporation, written notice thereof shall be given in advance to the superintendent who shall provide without cost a license pursuant to sections 1321.35 to 1321.48 of the Revised Code for the new address.

Section 1321.39 | Short-term loan requirements and restrictions.

...ee may engage in the business of making loans provided that each loan meets all of the following conditions: (A) The total amount of the loan does not exceed one thousand dollars. (B)(1) Subject to division (B)(2) of this section, the minimum duration of the loanis ninety-one days and the maximum duration of the loan is one year. (2) The minimum duration of the loan may be less than ninety-one days if the total mo...

Section 1321.391 | Short-term loans of longer than 90 days.

...If the duration of a short-term loan is ninety-one days or greater, the licensee shall determine the recommended length of a loan based on the borrower's verified monthly income as described in division (B)(2) of section 1321.39 of the Revised Code. The licensee shall provide the borrower with a written copy of its recommendation, which is not binding on the borrower.

Section 1321.40 | Maximum interest rate; permissible short-term loan fees.

...charges in connection with a short-term loan: (A) Interest not exceeding a rate of twenty-eight per cent per annum; (B)(1) Except as otherwise provided in division (B)(2) of this section, a monthly maintenance fee that does not exceed the lesser of ten per cent of the originally contracted loan amount or thirty dollars, provided the fee is not added to the loan balance on which interest is charged; (2) A licensee ...

Section 1321.401 | Refinancing short-term loans.

...A licensee may refinance a short-term loan provided that all of the following apply to the refinanced loan: (A) The loan is a short-term loan. (B) Interest on the loan does not exceed a rate of twenty-eight per cent per annum. (C) The licensee does not charge, collect, or receive the monthly maintenance fee described in division (B) of section 1321.40 of the Revised Code.

Section 1321.402 | Prepayment or refinancing prior to short-term loan maturity date.

... full or refinanced prior to the loan's maturity date, the licensee shall refund to the borrower a prorated portion of the interest, monthly maintenance fees, and all other charges based on a ratio of the number of days the loan was outstanding and the number of days for which the loan was originally contracted. For purposes of this section, the monthly maintenance fee is not considered to be fully earned at the begi...

Section 1321.403 | Short-term loan fee cap; exceptions.

...receive in connection with a short-term loan a total amount of fees and charges that exceeds sixty per cent of the originally contracted loan amount. For purposes of this section, all charges made in connection with the loan shall be included when calculating the total loan charges except for all of the following: (A) The check collection charge authorized under section 1321.40 of the Revised Code; (B) The check...

Section 1321.411 | Short-term loan collection limitations.

...A licensee shall not attempt to collect from a borrower's account after two consecutive attempts have failed, unless the licensee obtains new written authorization from the borrower to electronically transfer or withdraw funds from the borrower's account.

Section 1321.42 | Enforcement actions relating to short-term loan license.

...(A) The superintendent of financial institutions shall, in accordance with Chapter 119. of the Revised Code, suspend or revoke a license issued pursuant to sections 1321.35 to 1321.48 of the Revised Code, if the superintendent determines that either of the following applies: (1) The licensee has failed to comply with any order issued by the superintendent pursuant to section 1321.43 of the Revised Code. (2) ...

Section 1321.421 | Examination of short-term loan licensee's records.

...As often as the superintendent considers it necessary, the superintendent may examine the records of a licensee, but in any case, the superintendent shall examine the records of a licensee at least annually.

Section 1321.422 | Short-term loan licensee recordkeeping; annual reports.

...ness such books, accounts, records, and loan documents as will enable the division of financial institutions to determine whether the licensee is complying with sections 1321.35 to 1321.48 of the Revised Code and with the orders and rules made by the division under those sections. Such books, accounts, records, and loan documents shall be segregated from those pertaining to transactions that are not subject to sectio...

Section 1321.43 | Short-term Loan Law rules and orders.

...The superintendent of financial institutions, in accordance with Chapter 119. of the Revised Code, may adopt rules and issue specific orders to enforce and carry out the purposes of sections 1321.35 to 1321.48 of the Revised Code. The superintendent shall issue a rule defining "senior officer" for the purpose of section 1321.37 of the Revised Code. The superintendent may adopt, amend, and repeal substantive ...

Section 1321.44 | Violations of Short-term Loan Law are unfair or deceptive acts; criminal proceedings.

...(A) A violation of section 1321.41 of the Revised Code is deemed an unfair or deceptive act or practice in violation of section 1345.02 of the Revised Code. A borrower injured by a violation of section 1321.41 of the Revised Code shall have a cause of action and be entitled to the same relief available to a consumer under section 1345.09 of the Revised Code, and all powers and remedies available to the atto...

Section 1321.45 | Prohibited short-term loan debt collection practices.

... participating. (I) In addition to the requirements of this section, a debt collector shall follow the practices set forth in the federal "Fair Debt Collection Practices Act," 91 Stat. 874 (1977), sections 15 U.S.C. 1692b, 15 U.S.C. 1692c, 15 U.S.C. 1692d, 15 U.S.C. 1692e, and 15 U.S.C. 1692f, as those sections of federal law exist on the effective date of this section. In the event of a conflict between desc...

Section 1321.46 | Verification of borrower's income before making short-term loan.

...(A) Before initiating a short-term loan transaction with a borrower, a licensee shall make a reasonable attempt to verify the borrower's income for purposes of division (B)(2) of section 1321.39 and section 1321.391 of the Revised Code. At a minimum, the licensee shall obtain from the borrower one or more recent pay stubs or other written evidence of recurring income, such as a bank statement. The written evidence s...

Section 1321.47 | Duties of short-term loan licensees; civil action by borrower.

...siness in connection with a short-term loan. (B) The duties and standards of care created in this section may not be waived or modified. (C) A borrower injured by a violation of this section may bring an action for recovery of damages. Damages awarded shall not be less than all compensation paid directly or indirectly to a licensee from any source, plus reasonable attorney's fees and court costs. The borrower...

Section 1321.48 | Reports by superintendent; confidentiality of information.

...(A) The superintendent of financial institutions shall report semiannually to the governor and the general assembly on the operations of the division of financial institutions with respect to the following: (1) Enforcement actions instituted by the superintendent for a violation of or failure to comply with any provision of sections 1321.35 to 1321.48 of the Revised Code, and the final dispositions of each...

Section 1321.51 | General Loan Law definitions.

...d by the borrower at origination of the loan or during the term of the loan. (E) "Interest" means all charges payable directly or indirectly by a borrower to a registrant as a condition to a loan or an application for a loan, however denominated, but does not include default charges, deferment charges, insurance charges or premiums, court costs, loan origination charges, check collection charges, credit line charges...

Section 1321.52 | Registrants may make general loans; choice of law; security; superintendent authority.

...state licensing system. (2) Establish requirements as necessary for the use of the national multistate licensing system to meet the purposes of these sections, including: (a) Background checks for: (i) Criminal history through fingerprint or other databases; (ii) Civil or administrative records; (iii) Credit history; (iv) Any other information considered necessary by the national multistate licensing syst...

Section 1321.53 | General loan certificate of registration application, approval, fee; assets; additional certificates; change in place of business; exceptions to General Loan Law.

...forth in this section, it shall issue a notice of intent to deny the application, and forthwith notify the applicant of the denial, the grounds for the denial, and the applicant's reasonable opportunity to be heard on the action in accordance with Chapter 119. of the Revised Code. (7) If there is a change of five per cent or more in the ownership of a registrant, the division may make any investigation necessary t...