§46A-4-101. Authority to Make Loans
Unless a person has first obtained a license from the commissioner authorizing the person to make regulated consumer loans, he or she may not engage in the business of: (1) Making regulated consumer loans; or
§46A-4-102. License to Make Regulated Consumer Loans
(1) The commissioner shall receive and act on all applications for licenses to make regulated consumer loans under this chapter. Applications shall be under oath, be filed in the manner prescribed by the commissioner and contain the information the commissioner requires to make an evaluation of the financial responsibility, experience, character and fitness of the […]
§46A-4-103. Revocation, Suspension or Forfeiture of License
(a) The commissioner may issue to a person licensed to make regulated consumer loans an order to show cause why his or her license should not be revoked or should not be suspended for a period not in excess of six months. The order shall state the place for a hearing and set a time […]
§46A-4-104. Records; Annual Reports
(1) Every licensee shall maintain records in conformity with generally accepted accounting principles and practices in a manner which will enable the commissioner to determine whether the licensee is complying with the provisions of this article. The record-keeping system of a licensee shall be sufficient if he makes the required information reasonably available. The records […]
§46A-4-105. Examinations; Assessments and Investigations
(1) The commissioner shall examine at least every eighteen months the loans, business and records of every licensee. In addition, for the purpose of discovering violations of this article or securing information lawfully required, the Attorney General or the commissioner may at any time investigate the loans, business and records of any regulated consumer lender. […]
§46A-4-106. Application of Administrative Procedures Act
Except as otherwise provided, the provisions of chapter twenty-nine-a of this code apply to and govern all administrative action taken by the commissioner pursuant to the provisions of this article.
§46A-4-107. Loan Finance Charge for Regulated Consumer Lenders
(1) With respect to a regulated consumer loan, including a revolving loan account, a regulated consumer lender may contract for and receive a loan finance charge not exceeding that permitted by this section.
§46A-4-108. Use of Multiple Loan Agreements
A regulated consumer lender may not use multiple loan agreements with intent to obtain a higher loan finance charge than would otherwise be permitted by the provisions of this article. A regulated consumer lender uses multiple loan agreements if, with intent to obtain a higher loan finance charge than would otherwise be permitted, he allows […]
§46A-4-109. Restrictions on Interest in Land as Security; Assignment of Earnings to Regulated Consumer Lender Prohibited; When Security Interest on Household Furniture Goods Not Valid; Prohibitions as to Renegotiation of Loan Discharged in Bankruptcy; Limiting Fees on Real Property Loan Refinancings; Maximum Points, Fees and Charges; Overriding of Federal Limitations; Limitations on Lien Documents Prohibitions on Residential Mortgage Loans; Providing Civil Remedy
(1) No consumer loan of $2,000 or less may be secured by an interest in land, other than a purchase money loan for that land, unless the lender is licensed in this state as a regulated consumer lender or as a mortgage lender, or is a federally insured depository institution permitted to conduct lending in […]
§46A-4-110. Conduct of Business Other Than Making Loans
(1) No licensee shall conduct the business of making loans under the provisions of this article within any office, room or place of business in which any other business is solicited or engaged in, or in association or conjunction therewith, except as may be authorized in writing by the commissioner upon his finding that the […]
§46A-4-110a. Prohibited Conduct
(1) A regulated consumer lender shall not:
§46A-4-111. Disclosure of Higher Annual Percentage Rate Upon Refinancing of a Loan Not Secured by Real Estate at Higher Rate; Requiring Documentation of a Reasonable Net Tangible Benefit to the Borrower of Any Refinancing of a Real Estate Secured Loan
(1) Any nonrevolving consumer loan or consumer credit sale that is not secured by residential real estate that is refinanced or consolidated with a new loan under this article after September 1, 2009, at a higher annual percentage rate than the consumer loan or consumer credit sale being refinanced must provide the consumer the following […]
§46A-4-112. Code Reference to Supervised Lenders and Industrial Loan Companies; Authority of the Commissioner
All references in this code to supervised loans, supervised lenders, industrial loans, industrial loan companies and licensees thereof, as well as to article seven, chapter thirty-one of this code, shall, after the operative date of this chapter and despite the repeal of said statute, be read, construed and understood to mean and to have reference, […]
§46A-4-113. Continuation of Licensing
All persons licensed under the provisions of article seven, chapter thirty-one of this code, or as supervised lenders under the prior provisions of this article on the operative date of this chapter, are licensed to make regulated consumer loans under the provisions of this article, and all provisions of this article shall after the operative […]