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Home » US Law » 2022 Maryland Statutes » Commercial Law » Title 12 - Credit Regulations » Subtitle 9 - Credit Grantor Revolving Credit Provisions

Section 12-901 – Definitions

    (a)    In this subtitle the following words have the meanings indicated.     (b)    “Borrower” means a corporation, partnership, association, government or governmental subdivision or agency, trust, individual, or other entity receiving a loan or other extension of credit under this subtitle.     (c)    “Commercial loan” and “extension of credit for a commercial purpose” mean an extension of credit made:         (1)    Solely […]

Section 12-902 – Authorized Extensions of Credit

    (a)    Any credit grantor may, subject to the other provisions of this subtitle:         (1)    Offer and extend credit under a revolving credit plan to a borrower and in that connection charge and collect the interest, finance charges, and other charges permitted by this subtitle;         (2)    (i)    Take any security as collateral as may be acceptable to the credit grantor. […]

Section 12-903 – Interest and Finance Charges

    (a)    (1)    A credit grantor may charge and collect interest or finance charges under the plan on the outstanding unpaid indebtedness in the borrower’s account under the plan at any daily, weekly, monthly, annual, or other periodic percentage rate as the agreement governing the plan provides, if the effective rate of simple interest does not exceed 24 […]

Section 12-904 – Variation in Periodic Percentage Rate

    (a)    If the agreement governing the revolving credit plan so provides, the periodic percentage rate of interest or finance charges under the plan may vary in accordance with an index or formula that:         (1)    Is made readily available to and verifiable by the borrower;         (2)    Is beyond the control of the credit grantor; and         (3)    May be within the […]

Section 12-905 – Additional Fees and Charges

    (a)    With respect to an unsecured open end credit plan, fees or charges may not be imposed on a consumer borrower in addition to interest or finance charges as permitted by this subtitle, except as follows:         (1)    If the plan is offered by a seller of goods or services, or both, and may be used only for […]

Section 12-906 – Plan Authorizing Both Loans and Purchases

    (a)    If the agreement governing a revolving credit plan permitting the borrower to obtain both loans and purchases so provides, a credit grantor may impose different terms on the indebtedness arising out of purchases than to the indebtedness arising out of loans.     (b)    Subsection (a) of this section applies to all terms, including:         (1)    The terms governing the […]

Section 12-907 – Plan Connected With Demand Deposit Account

    (a)    If credit under a revolving credit plan is offered and extended by a credit grantor which is a depository institution in connection with a demand deposit account or other transaction account maintained by the borrower with the credit grantor under an agreement or arrangement where the credit grantor agrees to honor checks, drafts, or other […]

Section 12-909 – Insurance Generally

    (a)    In connection with a plan established for a consumer borrower:         (1)    The purchase of credit life, credit accident and health, credit disability, involuntary unemployment benefit, and similar coverages is optional with the consumer borrower; and         (2)    Subject to § 12-909.1 of this subtitle, the purchase of property insurance, title insurance, and credit loss insurance from an insurer […]

Section 12-909.1 – Insurance Binders

    (a)    In this section, “binder” means a binder or other temporary contract of insurance as provided under § 12-106 of the Insurance Article.     (b)    A credit grantor shall comply with this section if the credit grantor:         (1)    Makes any loan secured by a first lien on any interest in owner-occupied residential real property; and         (2)    As a condition of […]

Section 12-910 – Charges for Default or Delinquency

    (a)    If the agreement governing a revolving credit plan permits, a credit grantor may:         (1)    For a nonconsumer borrower, charge a higher periodic percentage rate of interest on outstanding unpaid payments or portions of payments under the plan which are in default; and         (2)    For any borrower, impose:             (i)    A late or delinquency charge on payments or portions of […]

Section 12-911 – Attorney’s Fees; Court or Other Collection Costs

    (a)    If a borrower defaults under the terms of a plan and the credit grantor refers the borrower’s account to an attorney who is not a salaried employee of the credit grantor for collection, the credit grantor may, if the agreement governing the revolving credit plan permits, charge and collect from the borrower a reasonable attorney’s […]

Section 12-912 – Amendment of Plan Agreement

    (a)    A credit grantor may, if the agreement governing a revolving credit plan permits, at any time amend the terms of the agreement in accordance with the provisions of this section including:         (1)    The terms governing the periodic percentage rate used to calculate interest or finance charges;         (2)    The method of computing the outstanding unpaid indebtedness to which […]

Section 12-913 – Applicability of Other Laws

    (a)    Unless otherwise provided under the express terms of the agreement governing a revolving credit plan, the provisions of Subtitle 1, 3, 4, 5, 6, or 10 of this title do not apply to any extension of credit made pursuant to a revolving credit plan if:         (1)    The plan is established before October 1, 1993; and         (2)    The […]

Section 12-913.1 – Election of Applicable Laws

    (a)    (1)    On or after October 1, 1993, a credit grantor may at its option elect to offer a plan to any borrower either pursuant to this subtitle or as otherwise permitted by applicable law.         (2)    In order for a plan to be established under and governed by this subtitle, a credit grantor shall make a written election […]

Section 12-913.2 – Delivery of Plan Agreement; Proof of Delivery

    (a)    The credit grantor shall deliver a copy of the agreement governing the plan to the borrower no later than 30 days after the credit grantor establishes the account governed by the agreement for the borrower’s use.     (b)    If there is more than one borrower, a copy of the agreement governing the plan may be delivered to […]

Section 12-914 – General Provisions

    (a)    If any provision of this subtitle is held invalid, the invalidity shall not affect any other provision of this subtitle which can be given effect without the invalid provision.     (b)    Notwithstanding any other provisions of this title, a plan under this subtitle is subject only to the disclosure requirements of this subtitle and, to the extent […]

Section 12-915 – Applicability of Certain Provisions of Financial Institutions Article; License to Be Issued by Commissioner of Financial Regulation

    (a)    A credit grantor making a loan or extension of credit under this subtitle is subject to the licensing, investigatory, enforcement and penalty provisions of Title 11, Subtitle 3 of the Financial Institutions Article unless the credit grantor or the loan or extension of credit is exempt under Title 11, Subtitle 3 of the Financial Institutions […]

Section 12-916 – Complaint Procedure

    (a)    If a written complaint for violation of any provision of this subtitle, including the disclosure requirements of this subtitle and the federal Truth in Lending Act and regulations promulgated thereunder, or any other law of this State that regulates loans or other extensions of credit is filed with the Commissioner of Financial Regulation, the Commissioner […]

Section 12-917 – Criminal Penalties

    Any credit grantor or his officer or employee who willfully violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year, or both.