Chapter 1321: SMALL LOANS
1321.01 Tiny loan definitions.
(A) As utilized in parts 1321.01 to 1321.19 associated with Revised Code:
(1) “Person” includes individuals, partnerships, associations, trusts, corporations, and all sorts of other appropriate entities.
(2) “License” means a permit released under sections 1321.01 to 1321.19 associated with the Revised Code in order to make loans at a solitary bar or nightclub.
(3) “Licensee” means an individual to who more than one licenses have now been granted.
(4) “Principal quantity” means the actual quantity of money compensated to, or compensated or payable for the account of, the debtor.
(5) “Interest” means all fees payable straight or indirectly by a debtor up to a licensee as a disorder to that loan or a credit card applicatoin for a financial loan, nonetheless denominated, but will not consist of standard fees, deferment fees, insurance coverage costs or premiums, court expenses, loan origination costs, check always collection charges, line of credit costs, credit file costs, or other fees and costs especially authorized for legal reasons.
(6) “Interest-bearing loan” means that loan where the financial obligation is expressed since the principal amount and interest is computed, charged, and built-up on unpaid balances that are principal every so often.
(7) “Precomputed loan” means financing where the financial obligation is really an amount comprising the amount that is principal the actual quantity of interest computed ahead of time in the presumption that most planned re payments will undoubtedly be made whenever due.
(8) “Actuarial technique” means the strategy of allocating payments made on that loan involving the principal amount and interest whereby a payment is applied first into the accumulated interest additionally the rest towards the principal amount that is unpaid.
(9) “Applicable cost” means the total amount of interest owing to each month-to-month installment amount of the mortgage agreement. The charge that is applicable computed just as if each installment duration had been a month and any cost for extending the very first installment duration beyond a month is ignored. When it comes to loans initially planned become paid back in sixty-one months or less, the relevant fee for almost any installment period is the fact that proportion regarding the total interest contracted for, while the stability planned to be outstanding through that duration bears to your amount of all the regular balances, all determined based on the repayment routine initially contracted for. The applicable charge for any installment period is that which would have been made for such period had the loan been made on an interest-bearing basis at the single rate provided in division (A) of section 1321.13 of the Revised Code, based upon the assumption that all payments were made according to schedule in all other cases.
(10) “Annual percentage rate” means the ratio associated with interest on that loan into the unpaid principal balances in the loan for any amount of time, indicated on a basis that is annual.
(11) “Refinancing” means that loan the profits of that are found in whole or in component to cover the unpaid stability of the previous loan made by the same licensee towards the exact same debtor under parts 1321.01 to 1321.19 associated with Revised Code.
(12) “Superintendent of banking institutions” includes the deputy superintendent for customer finance as supplied in area 1181.21 associated with the Revised Code.
(B) The unit of banking institutions is in charge of the management of parts 1321.01 to 1321.19 for the Revised Code. Neither the superintendent regarding the unit, nor any deputy, associate, clerk, examiner, or other individual used by the unit to aid within the management of these parts will probably be interested, straight or indirectly, in the commercial certified beneath the parts and anyone therefore interested or whom becomes therefore interested shall never be qualified to put on or retain any such position.
Effective Date: 09-26-1996.
1321.02 Exceptions to license requirement.
No individual shall participate in the company of lending cash, credit, or choses for action in quantities of five thousand bucks or less, or precise, agreement for, or get, directly or indirectly, on or perhaps in experience of any loan that is such any interest and costs that into the aggregate are more than the attention and charges that the lender is allowed to charge for a financial loan of income in the event that loan provider are not a licensee, without very very first having acquired a permit through the unit of finance institutions under parts 1321.01 to 1321.19 regarding the Revised Code.
Amended by 132nd General Assembly File No. TBD, HB 199, §1, eff. 3/23/2018.
Amended by 132nd General Assembly File No. TBD, SB 24, §1, eff. 7/1/2017.
Effective Date: 09-26-1996; 03-30-2006; 2008 HB545 09-01-2008.
1321.03 Application for permit – charge.
Application for a permit will be on paper, under oath, plus in the shape recommended by the unit of banking institutions, and shall retain the title and target associated with the applicant, and, in the event that applicant is really a partnership or relationship, of each and every user thereof, and, if your organization, of every officer and manager thereof; additionally the approximate location in which the company is to be conducted and such further information that is relevant the unit calls for. During the time of making such application, the applicant shall spend to your division a permit charge as dependant on the superintendent of financial institutions pursuant to part 1321.20 associated with Revised Code and a nonrefundable research cost of $ 200. No permit cost or any portion thereof shall be refunded after a permit happens to be released.
Effective Date: 09-26-1996.
1321.04 Research by unit – notice of filing of application – notice to licensees – permit released – denial of application.
The division of financial institutions shall investigate the facts concerning the applicant and the requirements provided for in divisions (A) and (B) of this section upon the filing of an application under section 1321.03 of the Revised Code and payment of fees pursuant to section 1321.20 of the Revised Code.
The unit shall approve the application form and problem and deliver a license to your applicant if the division discovers each of the immediate following:
(A) That the monetary duty, experience, reputation, and basic physical fitness for the applicant and of the people thereof, in the event that applicant is just a partnership or a connection, as well https://speedyloan.net/installment-loans-sc/ as the officers and directors thereof, in the event that applicant is really a firm, are such as for instance to justify the fact the company would be operated lawfully, really, and fairly under parts 1321.01 to 1321.19 associated with the Revised Code and in the purposes of the parts, that the applicant has completely complied with those parts, and that the applicant is qualified to do something being a licensed loan provider;
(B) That the applicant has designed for the procedure of these company money or moneys deposited in a fund that is readily accessible account of no less than twenty-five thousand bucks.
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 if the division does not so find, it shall enter an order denying such application and forthwith notify the applicant of the denial. In case of denial, the unit shall get back the license charge but shall wthhold the research charge.
Effective Date: 09-26-1996.
1321.05 Articles of permit – yearly cost and evaluation – present assets.
Each permit shall state the target of which the company is become carried out and shall state fully the title associated with the licensee. Each permit shall conspicuously be kept published in place of company of this licensee and it is maybe maybe maybe not transferable or assignable.
Each permit shall stay static in effect until surrendered, revoked, or suspended under section 1321.08 or 3123.47 associated with Revised Code. Every licensee shall each 12 months spend to your unit of finance institutions a permit charge and an evaluation as dependant on the superintendent pursuant to area 1321.20 associated with Revised Code. Re Payment of these renewal cost will probably be in accordance with the provisions for this part together with standard renewal procedure of parts 4745.01 to 4745.03 associated with Revised Code. Hardly any other or license that is further or assessment will be needed from such licensee by their state or any governmental subdivision within the state.
Every licensee shall keep for every permit present assets with a minimum of ten thousand bucks, in a choice of usage or intended for use within the conduct of this business.
Effective Date: 03-22-2001.