As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                  S. B. No. 231  5            

      1999-2000                                                    6            


                       SENATORS WHITE-RAY                          8            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 1321.20, 1321.51 to 1321.55,        12           

                1321.57, 1321.58, and 1321.99 of the Revised Code  13           

                to make revisions in the Small Loan Law and the    14           

                Mortgage Loan Law, including changes relative to                

                maximum license or certificate of registration     15           

                fees, application of the law, examinations and     16           

                investigations by the Division of Financial        17           

                Institutions, permissible charges by registrants,               

                and penalties for violations.                      18           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        20           

      Section 1.  That sections 1321.20, 1321.51, 1321.52,         22           

1321.53, 1321.54, 1321.55, 1321.57, 1321.58, and 1321.99 of the    23           

Revised Code be amended to read as follows:                        24           

      Sec. 1321.20.  (A)  Every person licensed or registered      33           

under this chapter shall pay to the superintendent of financial    34           

institutions, prior to the last day of June, an annual license or  36           

certificate of registration fee.  On or about the fifteenth day    37           

of April of each year, the superintendent shall determine the      38           

license or certificate fees to be charged, pursuant to sections    39           

1321.03, 1321.05, 1321.53, and 1321.73 of the Revised Code.  Such  40           

determination shall be made by dividing the appropriation for the  41           

consumer finance section of the division of financial              42           

institutions for the current fiscal year by the number of          43           

licenses and certificates issued as of the date of the             44           

computation.  In no event shall the amount of the fee exceed two   45           

THREE hundred fifty dollars, except that the maximum fee which     46           

                                                          2      


                                                                 
may be charged insurance premium finance companies licensed under  47           

section 1321.73 of the Revised Code shall not exceed three         48           

hundred seventy-five dollars.  Prior to the first day of June of   49           

each year, the superintendent shall inform each person licensed    50           

or registered under this chapter of the amount of the license or   51           

certificate fee for the succeeding fiscal year as determined by    52           

this section.                                                      53           

      (B)  Each person licensed under Chapter 4727. of the         55           

Revised Code, prior to the last day of June, shall pay to the      56           

superintendent a fee equal to twice the amount of the fee          57           

determined by the superintendent pursuant to division (A) of this  58           

section.  However, in no event shall the amount of the fee exceed  59           

three hundred dollars.                                             60           

      (C)  The fee for a license or certificate issued pursuant    62           

to Chapter 1321., 4727., or 4728. of the Revised Code after the    63           

first day of January in any fiscal year shall be equal to          64           

one-half the amount determined according to divisions (A) and (B)  65           

of this section or in accordance with section 4728.03 of the       66           

Revised Code.                                                      67           

      (D)  If the renewal fees billed by the superintendent        69           

pursuant to divisions (A) and (B) of this section are less than    70           

the estimated expenditures of the consumer finance section of the  72           

division of financial institutions, as determined by the                        

superintendent, for the following fiscal year, the superintendent  73           

may assess each person licensed pursuant to section 1321.04 or     74           

registered pursuant to section 1321.53 of the Revised Code at a    75           

rate sufficient to equal in the aggregate the difference between   76           

the renewal fees billed and the estimated expenditures.  Each      77           

person shall pay the assessed amount to the superintendent prior   78           

to the last day of June.  In no case shall the assessment exceed   79           

ten cents per each one hundred dollars of interest (excluding      80           

charge-off recoveries), points, loan origination charges, and      81           

credit line charges collected by that person during the previous   82           

calendar year.  If an assessment is imposed under this division,   83           

                                                          3      


                                                                 
it shall not be less than two hundred fifty dollars per licensee   84           

or registrant and shall not exceed thirty thousand dollars less    85           

the total renewal fees paid pursuant to division (A) of this       86           

section by each licensee or registrant.                            87           

      Sec. 1321.51.  As used in sections 1321.51 to 1321.60 of     96           

the Revised Code:                                                  97           

      (A)  "Person" means an individual, partnership,              99           

association, trust, corporation, or any other legal entity.        100          

      (B)  "Certificate" means a certificate of registration       102          

issued under sections 1321.51 to 1321.60 of the Revised Code.      103          

      (C)  "Registrant" means a person to whom one or more         105          

certificates have been issued.                                     106          

      (D)  "Principal amount" means the amount of cash paid to,    108          

or paid or payable for the account of, the borrower, AND INCLUDES  110          

ANY CHARGE, FEE, OR EXPENSE THAT IS FINANCED BY THE BORROWER AT    112          

ORIGINATION OF THE LOAN OR DURING THE TERM OF THE LOAN.                         

      (E)  "Interest" means all charges payable directly or        114          

indirectly by a borrower to a registrant as a condition to a loan  115          

or an application for a loan, however denominated, but does not    116          

include default charges, deferment charges, insurance charges or   117          

premiums, court costs, loan origination charges, check collection  118          

charges, credit line charges, points, prepayment penalties, or     119          

other fees and charges specifically authorized by law.             120          

      (F)  "Interest-bearing loan" means a loan in which the debt  122          

is expressed as the principal amount and interest is computed,     123          

charged, and collected on unpaid principal balances outstanding    124          

from time to time.                                                 125          

      (G)  "Precomputed loan" means a loan in which the debt is a  127          

sum comprising the principal amount and the amount of interest     128          

computed in advance on the assumption that all scheduled payments  129          

will be made when due.                                             130          

      (H)  "Actuarial method" means the method of allocating       132          

payments made on a loan between the principal amount and interest  133          

whereby a payment is applied first to the accumulated interest     134          

                                                          4      


                                                                 
and the remainder to the unpaid principal amount.                  135          

      (I)  "Applicable charge" means the amount of interest        137          

attributable to each monthly installment period of the loan        138          

contract.  The applicable charge is computed as if each            139          

installment period were one month and any charge for extending     140          

the first installment period beyond one month is ignored.  In the  141          

case of loans originally scheduled to be repaid in sixty-one       142          

months or less, the applicable charge for any installment period   143          

is that proportion of the total interest contracted for, as the    144          

balance scheduled to be outstanding during that period bears to    145          

the sum of all of the periodic balances, all determined according  146          

to the payment schedule originally contracted for.  In all other   147          

cases, the applicable charge for any installment period is that    148          

which would have been made for such period had the loan been made  149          

on an interest-bearing basis, based upon the assumption that all   150          

payments were made according to schedule.                          151          

      (J)  "Broker" means a person who acts as an intermediary or  153          

agent in finding, arranging, or negotiating loans, and charges or  154          

receives a fee for these services.                                 155          

      (K)  "Annual percentage rate" means the ratio of the         157          

interest on a loan to the unpaid principal balances on the loan    158          

for any period of time, expressed on an annual basis.              159          

      (L)  "Point" means a charge equal to one per cent of either  161          

of the following:                                                  162          

      (1)  The principal amount of a precomputed loan or           164          

interest-bearing loan;                                             165          

      (2)  The original credit line of an open-end loan.           167          

      (M)  "Prepayment penalty" means a charge for prepayment of   169          

a loan at any time prior to five years from the date the loan      170          

contract is executed.                                              171          

      (N)  "Refinancing" means a loan the proceeds of which are    173          

used in whole or in part to pay the unpaid balance of a prior      174          

loan made by the same registrant to the same borrower under        175          

sections 1321.51 to 1321.60 of the Revised Code.                   176          

                                                          5      


                                                                 
      (O)  "Superintendent of financial institutions" includes     178          

the deputy superintendent for consumer finance as provided in      179          

section 1181.21 of the Revised Code.                               180          

      Sec. 1321.52.  (A)(1)  No person, on that person's own       189          

behalf or on behalf of any other person, shall do either ANY of    190          

the following without having first obtained a certificate of       192          

registration from the division of financial institutions:          193          

      (a)  Advertise, solicit, or hold out that the person is      195          

engaged in the business of making loans secured by a mortgage on   196          

a borrower's real estate which is other than a first lien on the   198          

real estate;                                                                    

      (b)  ADVERTISE, SOLICIT, OR HOLD OUT THAT THE PERSON IS      200          

ENGAGED IN THE BUSINESS OF MAKING SECURED OR UNSECURED LOANS FOR   201          

WHICH THE PERSON CHARGES OR COLLECTS A RATE OF INTEREST IN EXCESS  202          

OF THE MAXIMUM RATE PROVIDED IN DIVISION (A) OF SECTION 1343.01    203          

OF THE REVISED CODE, UNLESS THE PERSON IS SPECIFICALLY AUTHORIZED  205          

BY STATE OR FEDERAL LAW TO CHARGE OR COLLECT THAT RATE;                         

      (c)  Engage in the business of lending or collecting the     207          

person's own or another person's money, credit, or choses in       208          

action for such THE loans DESCRIBED IN DIVISION (A)(1)(a) OR (b)   210          

OF THIS SECTION.                                                                

      (2)  Each person issued a certificate is subject to all the  212          

rules prescribed under sections 1321.51 to 1321.60 of the Revised  213          

Code.                                                              214          

      (B)  All loans made to persons who at the time are           216          

residents of this state are considered as made within this state   217          

and subject to the laws of this state, regardless of any           218          

statement in the contract or note to the contrary.                 219          

      (C)  A registrant may make unsecured loans, loans secured    221          

by a mortgage on a borrower's real estate which is a first lien    222          

or other than a first lien on the real estate, loans secured by    223          

other than real estate, and loans secured by any combination of    224          

mortgages and security interests, on terms and conditions          225          

provided by sections 1321.51 to 1321.60 of the Revised Code.       226          

                                                          6      


                                                                 
      (D)(1)  IF A LENDER THAT IS SUBJECT TO SECTIONS 1321.51 TO   229          

1321.60 OF THE REVISED CODE MAKES A LOAN IN VIOLATION OF DIVISION  230          

(A)(1) OF THIS SECTION, THE LENDER HAS NO RIGHT TO COLLECT,        232          

RECEIVE, OR RETAIN ANY INTEREST OR CHARGES ON THAT LOAN.           233          

      (2)  IF A REGISTRANT APPLIES TO THE DIVISION FOR A RENEWAL   235          

OF THE REGISTRANT'S CERTIFICATE AFTER THE DATE REQUIRED BY         236          

DIVISION (A)(4) OF SECTION 1321.53 OF THE REVISED CODE, BUT PRIOR  238          

TO THE FIRST DAY OF AUGUST OF THAT YEAR, AND THE DIVISION          239          

APPROVES THE APPLICATION, DIVISION (D)(1) OF THIS SECTION DOES     240          

NOT APPLY WITH RESPECT TO ANY LOAN MADE BY THE REGISTRANT WHILE    241          

THE REGISTRANT'S CERTIFICATE WAS EXPIRED.                          242          

      Sec. 1321.53.  (A)(1)  An application for a certificate of   251          

registration under sections 1321.51 to 1321.60 of the Revised      252          

Code shall contain an undertaking by the applicant to abide by     253          

those sections.  The application shall be in writing, under oath,  254          

and in the form prescribed by the division of financial            256          

institutions, shall give the location where the business is to be  257          

conducted and the names and addresses of the partners, officers,   258          

or trustees of the applicant, and shall contain any further        259          

relevant information that the division may require.  Applicants    260          

that are foreign corporations shall obtain and maintain a license  261          

pursuant to Chapter 1703. of the Revised Code before a             262          

certificate is issued or renewed.                                  263          

      (2)  Upon the filing of the application and the payment by   265          

the applicant of two hundred dollars as an investigation fee and   266          

an annual registration fee as determined by the superintendent of  267          

financial institutions pursuant to section 1321.20 of the Revised  269          

Code, the division shall investigate the relevant facts.  If the   270          

application involves investigation outside this state, the         271          

applicant may be required by the division to advance sufficient    272          

funds to pay any of the actual expenses of such investigation,     273          

when it appears that these expenses will exceed two hundred        274          

dollars.  An itemized statement of any of these expenses which     275          

the applicant is required to pay shall be furnished the applicant  276          

                                                          7      


                                                                 
by the division.  No certificate shall be issued unless the fees   277          

have been submitted to the division, and no registration fee or    278          

investigation fee will be returned after a certificate has been    279          

issued.                                                            280          

      (3)  If an application for a certificate of registration     283          

does not contain all of the information required under division    284          

(A)(1) of this section, and if such information is not submitted   286          

to the division within ninety days after the application is        287          

filed, the superintendent may consider the application withdrawn   288          

and may retain the investigation fee.                              289          

      (4)  If the division finds that the financial                292          

responsibility, experience, character, and general fitness of the  293          

applicant are such as to command the confidence of the public and  294          

to warrant the belief that the business will be operated honestly  295          

and fairly in compliance with and within the purposes of sections  296          

1321.51 to 1321.60 of the Revised Code, and that the applicant     297          

has the net worth and assets required by division (B) of this      298          

section, the division shall thereupon issue a certificate to the   299          

applicant.  The certificate may be continued from year to year     300          

SHALL EXPIRE ON THE FIRST DAY OF JULY NEXT AFTER ITS ISSUE, AND    301          

ON THE FIRST DAY OF JULY IN EACH SUCCEEDING YEAR, UNLESS RENEWED   302          

by payment of an annual fee, and any assessment, as determined by  303          

the superintendent pursuant to section 1321.20 of the Revised      305          

Code, on or before the last day of June of each year.  No other    306          

fee or assessment shall be required of a registrant by the state   307          

or any political subdivision of the state.                                      

      If the division does not so find, it shall enter an order    310          

denying the application, and forthwith notify the applicant of     311          

the denial, the grounds for the denial, and the applicant's        312          

reasonable opportunity to be heard on the action in accordance     313          

with Chapter 119. of the Revised Code.  In the event of denial,    314          

the division shall return the registration fee but retain the      315          

investigation fee.                                                              

      (5)  IF THERE IS A CHANGE OF TEN PER CENT OR MORE IN THE     317          

                                                          8      


                                                                 
OWNERSHIP OF A REGISTRANT, THE DIVISION MAY MAKE ANY               318          

INVESTIGATION NECESSARY TO DETERMINE WHETHER ANY FACT OR           319          

CONDITION EXISTS THAT, IF IT HAD EXISTED AT THE TIME OF THE        320          

ORIGINAL APPLICATION FOR A CERTIFICATE OF REGISTRATION, THE FACT   321          

OR CONDITION WOULD HAVE WARRANTED THE DIVISION TO DENY THE         322          

APPLICATION UNDER DIVISION (A)(4) OF THIS SECTION.  IF SUCH A      323          

FACT OR CONDITION IS FOUND, THE DIVISION MAY, IN ACCORDANCE WITH   324          

CHAPTER 119. OF THE REVISED CODE, REVOKE THE REGISTRANT'S          325          

CERTIFICATE.                                                                    

      (B)  Each registrant that engages in lending under sections  328          

1321.51 to 1321.60 of the Revised Code shall maintain both of the  329          

following:                                                                      

      (1)  A net worth of at least fifty thousand dollars;         331          

      (2)  For each certificate of registration, assets of at      333          

least fifty thousand dollars either in use or readily available    334          

for use in the conduct of the business.                            335          

      (C)  Not more than one place of business shall be            337          

maintained under the same certificate, but the division may issue  338          

additional certificates to the same registrant upon compliance     339          

with sections 1321.51 to 1321.60 of the Revised Code, governing    340          

the issuance of a single certificate.  No change in the place of   341          

business of a registrant to a location outside the original        342          

municipal corporation shall be permitted under the same            343          

certificate without the approval of a new application, the         344          

payment of the registration fee as determined by the               345          

superintendent pursuant to section 1321.20 of the Revised Code     346          

and, if required by the superintendent, the payment of an          347          

investigation fee of two hundred dollars.  When a registrant       348          

wishes to change its place of business within the same municipal   349          

corporation, it shall give written notice of the change in         350          

advance to the division, which shall provide a certificate for     351          

the new address without cost.  If a registrant changes its name,   352          

prior to making loans under the new name it shall give written     353          

notice of the change to the division, which shall provide a        354          

                                                          9      


                                                                 
certificate in the new name without cost.  Sections 1321.51 to     355          

1321.60 of the Revised Code do not limit the loans of any          356          

registrant to residents of the community in which the              357          

registrant's place of business is situated.  Each certificate      358          

shall be kept conspicuously posted in the place of business of     359          

the registrant and is not transferable or assignable.              360          

      (D)  Sections 1321.51 to 1321.60 of the Revised Code do not  362          

apply to any of the following:                                     363          

      (1)  Persons lawfully doing business under the authority of  365          

any law of this state, another state, or the United States         366          

relating to banks, savings banks, trust companies, savings and     367          

loan associations, or credit unions;                               368          

      (2)  Life, property, or casualty insurance companies         370          

licensed to do business in this state;                             371          

      (3)  Any person that is a lender making a loan pursuant to   373          

sections 1321.01 to 1321.19 of the Revised Code or a business      374          

loan as described in division (B)(6) of section 1343.01 of the     375          

Revised Code;                                                      376          

      (4)  Any governmental agency or instrumentality, or any      378          

entity included under division (B)(3) of section 1343.01 of the    379          

Revised Code.                                                      380          

      (E)  No person engaged in the business of selling tangible   382          

goods or services related to tangible goods may receive or retain  383          

a certificate under sections 1321.51 to 1321.60 of the Revised     384          

Code for such place of business.                                   385          

      Sec. 1321.54.  (A)  The division of financial institutions   395          

may adopt, in accordance with Chapter 119. of the Revised Code,    397          

rules that are necessary for the enforcement of sections 1321.51   398          

to 1321.60 of the Revised Code and that are consistent with those  399          

sections.  Each rule shall contain a reference to the section,                  

division, or paragraph of the Revised Code to which it applies.    400          

The division shall send by regular mail to each registrant a copy  402          

of each rule that is adopted pursuant to this section.                          

      (B)  The division shall, upon written notice to the          404          

                                                          10     


                                                                 
registrant stating the contemplated action, the grounds for the    405          

action, and the registrant's reasonable opportunity to be heard    406          

on the action in accordance with Chapter 119. of the Revised       408          

Code, revoke or, suspend, OR FAIL TO RENEW any certificate issued  409          

under sections 1321.51 to 1321.60 of the Revised Code, OR IMPOSE   410          

A MONETARY FINE, if it finds that the registrant has continued to  412          

violate those sections, after receiving notice of the violation    413          

or violations from the division, or is in default in the payment   414          

of the annual assessment or certificate of registration fee        415          

prescribed in section 1321.20 of the Revised Code.  The            416          

revocation or, suspension, OR FAILURE TO RENEW shall not impair    418          

the obligation of any pre-existing lawful contract made under      419          

sections 1321.51 to 1321.60 of the Revised Code.                                

      MONETARY FINES IMPOSED UNDER THIS DIVISION SHALL NOT EXCEED  421          

ONE THOUSAND DOLLARS PER VIOLATION OF LAW OR RULE, FOR EACH DAY    422          

THE VIOLATION IS COMMITTED, REPEATED, OR CONTINUED.                423          

      (C)  The superintendent of financial institutions may        426          

investigate alleged violations of sections 1321.51 to 1321.60 of   427          

the Revised Code, or the rules adopted thereunder, or complaints   428          

concerning any such violation.  The superintendent may make        430          

application to the court of common pleas for an order enjoining    431          

any such violation and, upon a showing by the superintendent that  432          

a person has committed, or is about to commit, such a violation,   433          

the court shall grant an injunction, restraining order, or other   434          

appropriate relief.                                                             

      (D)  In conducting an investigation pursuant to this         437          

section, the superintendent may compel, by subpoena, witnesses to  438          

testify in relation to any matter over which the superintendent    439          

has jurisdiction, and may require the production or photocopying   440          

of any book, record, or other document pertaining to such matter.  441          

If a person fails to file any statement or report, obey any        442          

subpoena, give testimony, produce any book, record, or other       443          

document as required by such a subpoena, or permit photocopying    444          

of any book, record, or other document subpoenaed, the court of    445          

                                                          11     


                                                                 
common pleas of any county in this state, upon application made    446          

to it by the superintendent, shall compel obedience by attachment  447          

proceedings for contempt, as in the case of disobedience of the    448          

requirements of a subpoena issued from the court, or a refusal to  449          

testify therein.                                                                

      (E)  If the superintendent determines that a person is       451          

engaged in, or is believed to be engaged in, activities that may   452          

constitute a violation of sections 1321.51 to 1321.60 of the       453          

Revised Code, the superintendent may, after notice and a hearing   455          

conducted in accordance with Chapter 119. of the Revised Code,     456          

issue a cease and desist order.  Such an order shall be            457          

enforceable in the court of common pleas.                          458          

      Sec. 1321.55.  (A)  Every registrant shall keep records      467          

pertaining to loans made under sections 1321.51 to 1321.60 of the  469          

Revised Code.  Such records shall be segregated from records       470          

pertaining to transactions that are not subject to these sections  471          

of the Revised Code.  Every registrant shall preserve records      472          

pertaining to loans made under sections 1321.51 to 1321.60 of the  474          

Revised Code for at least two years after making the final entry   475          

on such records.  Accounting systems maintained in whole or in     476          

part by mechanical or electronic data processing methods that      477          

provide information equivalent to that otherwise required are      478          

acceptable for this purpose.  At least once each year                           

EIGHTEEN-MONTH CYCLE, the division of financial institutions       480          

shall make or cause to be made an examination of records           482          

pertaining to loans made under sections 1321.51 to 1321.60 of the  483          

Revised Code, for the purpose of determining whether the                        

registrant is complying with these sections and of verifying the   484          

registrant's annual report.                                        485          

      (B)(1)  As required by the superintendent of financial       487          

institutions, each registrant shall file with the division each    489          

year a report under oath or affirmation, on forms supplied by the  490          

division, concerning the business and operations for the           491          

preceding calendar year.  Whenever a registrant operates two or    492          

                                                          12     


                                                                 
more registered offices or whenever two or more affiliated         493          

registrants operate registered offices, then a composite report    494          

of the group of registered offices may be filed in lieu of         495          

individual reports.                                                496          

      (2)  The division shall publish annually an analysis of the  498          

information required under division (B)(1) of this section, but    499          

the individual reports shall not be public records and shall not   500          

be open to public inspection.                                      501          

      (C)  All information obtained by the superintendent or the   504          

superintendent's deputies, examiners, assistants, agents, or                    

clerks by reason of their official position, including             505          

information obtained by such persons from the annual report of a   506          

registrant or in the course of examining a registrant or           507          

investigating an applicant for a certificate, is privileged and    508          

confidential.  All such information shall remain privileged and    509          

confidential for all purposes except when it is necessary for the  511          

superintendent and the superintendent's deputies, examiners,                    

assistants, agents, or clerks to take official action regarding    512          

the affairs of the registrant or in connection with criminal       513          

proceedings.                                                       514          

      (D)  No person is in violation of sections 1321.51 to        516          

1321.60 of the Revised Code for any act taken or omission made in  517          

reliance on a written notice, interpretation, or examination       518          

report from the superintendent.                                                 

      Sec. 1321.57.  (A)  Notwithstanding any other provisions of  527          

the Revised Code, a registrant may contract for and receive        528          

interest, calculated according to the actuarial method, at a rate  529          

or rates not exceeding twenty-one per cent per year on the unpaid  530          

principal balances of the loan.  Loans may be interest-bearing or  531          

precomputed.                                                       532          

      (B)  For purposes of computation of time on                  534          

interest-bearing and precomputed loans, including, but not         535          

limited to, the calculation of interest, a month is considered     536          

one-twelfth of a year, and a day is considered one three hundred   537          

                                                          13     


                                                                 
sixty-fifth of a year when calculation is made for a fraction of   538          

a month.  ALTERNATIVELY, A REGISTRANT MAY CONSIDER A DAY AS ONE    539          

THREE HUNDRED SIXTIETH OF A YEAR AND EACH MONTH AS HAVING THIRTY   540          

DAYS.  A year is as defined in section 1.44 of the Revised Code.   542          

A month is that period described in section 1.45 of the Revised    543          

Code.                                                                           

      (C)  With respect to interest-bearing loans:                 545          

      (1)(a)  Interest shall be computed on unpaid principal       547          

balances outstanding from time to time, for the time outstanding.  548          

      (b)  As an alternative to the method of computing interest   550          

set forth in division (C)(1)(a) of this section, a registrant, if  551          

the loan contract so provides, may charge and collect interest     552          

for the first installment period based on elapsed time from the    553          

date of the loan to the first scheduled payment due date, and for  554          

each succeeding installment period from the scheduled payment due  555          

date to the next scheduled payment due date, regardless of the     556          

date or dates the payments are actually made.                      557          

      (c)  Whether a registrant computes interest pursuant to      559          

division (C)(1)(a) or (b) of this section, each payment shall be   560          

applied first to unpaid charges, then to interest, and the         561          

remainder to the unpaid principal balance.  However, if the        562          

amount of the payment is insufficient to pay the accumulated       563          

interest, the unpaid interest continues to accumulate to be paid   564          

from the proceeds of subsequent payments and is not added to the   565          

principal balance.                                                 566          

      (2)  Interest shall not be compounded, COLLECTED, or paid    569          

in advance.  However, if BOTH OF THE FOLLOWING APPLY:                           

      (a)  INTEREST MAY BE CHARGED TO EXTEND THE FIRST MONTHLY     571          

INSTALLMENT PERIOD BY NOT MORE THAN FIFTEEN DAYS, AND THE          572          

INTEREST CHARGED FOR THE EXTENSION MAY BE ADDED TO THE PRINCIPAL   573          

AMOUNT OF THE LOAN.                                                574          

      (b)  IF part or all of the consideration for a new loan      577          

contract is the unpaid principal balance of a prior loan, then     578          

the principal amount payable under such THE new loan contract may  579          

                                                          14     


                                                                 
include any unpaid interest that has accrued.  The resulting loan  580          

contract shall be deemed a new and separate loan transaction for   581          

purposes of this section.  The unpaid principal balance of a       582          

precomputed loan is the balance due after refund or credit of      583          

unearned interest as provided in division (D)(3) of this section.  584          

      (D)  With respect to precomputed loans:                      586          

      (1)  Loans shall be repayable in monthly installments of     588          

principal and interest combined, except that the first             589          

installment period may exceed one month by not more than fifteen   590          

days, and the first installment payment amount may be larger than  591          

the remaining payments by the amount of interest charged for the   592          

extra days; and provided further that monthly installment payment  593          

dates may be omitted to accommodate borrowers with seasonal        594          

income.                                                            595          

      (2)  Payments may be applied to the combined total of        597          

principal and precomputed interest until maturity of the loan.  A  598          

registrant may charge interest after the original or deferred      599          

maturity of a precomputed loan at the rate specified in division   600          

(A) of this section on all unpaid principal balances for the time  601          

outstanding.                                                       602          

      (3)  When any loan contract is paid in full by cash,         604          

renewal, refinancing, or a new loan, one month or more before the  605          

final installment due date, the registrant shall refund, or        606          

credit the borrower with, the total of the applicable charges for  607          

all fully unexpired installment periods, as originally scheduled   608          

or as deferred, that follow the day of prepayment.  If the         609          

prepayment is made other than on a scheduled installment due       611          

date, the nearest scheduled installment due date shall be used in               

such computation.  If the prepayment occurs prior to the first     612          

installment due date, the registrant may retain one-thirtieth of   613          

the applicable charge for a first installment period of one month  614          

for each day from date of loan to date of prepayment, and shall    615          

refund, or credit the borrower with, the balance of the total      616          

interest contracted for.  If the maturity of the loan is           617          

                                                          15     


                                                                 
accelerated for any reason and judgment is entered, the            618          

registrant shall credit the borrower with the same refund as if    619          

prepayment in full had been made on the date the judgment is       620          

entered.                                                           621          

      (4)  If the parties agree in writing, either in the loan     623          

contract or in a subsequent agreement, to a deferment of wholly    624          

unpaid installments, a registrant may grant a deferment and may    625          

collect a deferment charge as provided in this section.  A         626          

deferment postpones the scheduled due date of the earliest unpaid  627          

installment and all subsequent installments as originally          628          

scheduled, or as previously deferred, for a period equal to the    629          

deferment period.  The deferment period is that period during      630          

which no installment is scheduled to be paid by reason of the      631          

deferment.  The deferment charge for a one-month period may not    632          

exceed the applicable charge for the installment period            633          

immediately following the due date of the last undeferred          634          

installment.  A proportionate charge may be made for deferment     635          

for periods of more or less than one month.  A deferment charge    636          

is earned pro rata during the deferment period and is fully        637          

earned on the last day of the deferment period.  If a loan is      638          

prepaid in full during a deferment period, the registrant shall    639          

make, or credit to the borrower, a refund of the unearned          640          

deferment charge in addition to any other refund or credit made    641          

for prepayment of the loan in full.                                642          

      (E)  A registrant, at the request of the borrower, may       644          

obtain, on one or more borrowers, credit life insurance, credit    645          

accident and health insurance, and unemployment insurance.  The    646          

premium or identifiable charge for the insurance may be included   648          

in the principal amount of the loan and may not exceed the         649          

premium rate filed by the insurer with the superintendent of       650          

insurance and not disapproved by the superintendent.  If a         651          

registrant obtains the insurance at the request of the borrower,   652          

the borrower shall have the right to cancel the insurance for a    653          

period of twenty-five days after the loan is made.  If the         654          

                                                          16     


                                                                 
borrower chooses to cancel the insurance, the borrower shall give  655          

the registrant written notice of this choice and shall return all  656          

of the policies or certificates of insurance or notices of         657          

proposed insurance to the registrant during such period, and the   658          

full premium or identifiable charge for the insurance shall be     659          

refunded to the borrower by the registrant.  If the borrower       660          

requests, in the notice to cancel the insurance, that this refund  661          

be applied to reduce the balance of a precomputed loan, the        662          

registrant shall credit the amount of the refund plus the amount   663          

of interest applicable to the refund to the loan balance.          664          

      IF THE REGISTRANT OBTAINS THE INSURANCE AT THE REQUEST OF    666          

THE BORROWER, THE REGISTRANT SHALL NOT CHARGE OR COLLECT INTEREST  667          

ON ANY INSURED AMOUNT THAT REMAINS UNPAID AFTER THE BORROWER'S     668          

DATE OF DEATH.                                                     669          

      (F)  A registrant may require the borrower to provide        671          

insurance or a loss payable endorsement covering reasonable risks  672          

of loss, damage, and destruction of property used as security for  673          

the loan and with the consent of the borrower such insurance may   674          

cover property other than that which is security for the loan.     675          

The amount and term of required property insurance shall be        676          

reasonable in relation to the amount and term of the loan          677          

contract and the type and value of the security, and the           678          

insurance shall be procured in accordance with the insurance laws  679          

of this state.  The purchase of this insurance through the         680          

registrant or an agent or broker designated by the registrant      681          

shall not be a condition precedent to the granting of the loan.    682          

If the borrower purchases the insurance from or through the        683          

registrant or from another source, the premium may be included in  684          

the principal amount of the loan.                                  685          

      (G)  On loans secured by an interest in real estate, all of  687          

the following apply:                                               688          

      (1)  A registrant may charge and receive up to two points,   691          

and a prepayment penalty not in excess of one per cent of the      692          

original principal amount of the loan.  Points may be paid by the  693          

                                                          17     


                                                                 
borrower at the time of the loan or may be included in the         694          

principal amount of the loan.  On a refinancing, a registrant may  695          

not charge under division (G)(1) of this section either points OF  697          

THE FOLLOWING:                                                                  

      (a)  POINTS ON THE PORTION OF THE PRINCIPAL AMOUNT THAT IS   699          

APPLIED TO THE UNPAID PRINCIPAL AMOUNT OF THE REFINANCED LOAN, IF  700          

THE REFINANCING OCCURS within one year from AFTER the date of a    702          

prior THE REFINANCED loan on which points were charged or a;       703          

      (b)  A prepayment penalty.                                   706          

      (2)  As an alternative to the prepayment penalty described   708          

in division (G)(1) of this section, a registrant may contract      709          

for, charge, and receive the prepayment penalty described in       710          

division (G)(2) of this section for the prepayment of a loan       713          

prior to three years after the date the loan contract is           714          

executed.  This prepayment penalty shall not exceed three per      715          

cent of the original principal amount of the loan if the loan is   716          

paid in full prior to one year after the date the loan contract    717          

is executed.  The penalty shall not exceed two per cent of the     718          

original principal amount of the loan if the loan is paid in full  719          

at any time from one year, but prior to two years, after the date  720          

the loan contract is executed.  The penalty shall not exceed one   721          

per cent of the original principal amount of the loan if the loan  722          

is paid in full at any time from two years, but prior to three     723          

years, after the date the loan contract is executed.  A            725          

registrant shall not charge or receive a prepayment penalty under  726          

division (G)(2) of this section if any of the following applies:   727          

      (a)  The loan is a refinancing by the same registrant or a   729          

registrant to whom the loan has been assigned;                     730          

      (b)  The loan is paid in full as a result of the sale of     732          

the real estate that secures the loan;                             734          

      (c)  The loan is paid in full with the proceeds of an        736          

insurance claim against an insurance policy that insures the life  738          

of the borrower or an insurance policy that covers loss, damage,   740          

or destruction of the real estate that secures the loan.           741          

                                                          18     


                                                                 
      (3)  Division (G) of this section is not a limitation on     744          

discount points or other charges for purposes of section           745          

501(b)(4) of the "Depository Institutions Deregulation and         746          

Monetary Control Act of 1980," 94 Stat. 161, 12 U.S.C.A. 1735f-7   747          

note.                                                                           

      (H)(1)  In addition to the interest and charges provided     749          

for by this section, no further or other amount, whether in the    750          

form of broker fees, placement fees, or any other fees             751          

whatsoever, shall be charged or received by the registrant,        752          

except costs and disbursements to which the registrant may become  753          

entitled by law in connection with any suit to collect a loan or   754          

any lawful activity to realize on a security interest or mortgage  755          

after default, INCLUDING REASONABLE ATTORNEY FEES INCURRED BY THE  757          

REGISTRANT AS A RESULT OF THE SUIT OR ACTIVITY, and except the                  

following additional charges which may be included in the          759          

principal amount of the loan or collected at any time after the    760          

loan is made:                                                                   

      (a)  The amounts of fees authorized by law to record, file,  762          

or release security interests and mortgages on a loan;             763          

      (b)  With respect to a loan secured by an interest in real   765          

estate, the following closing costs, if they are bona fide,        766          

reasonable in amount, and not for the purpose of circumvention or  767          

evasion of this section:                                           768          

      (i)  Fees or premiums for title examination, abstract of     770          

title, title insurance, OR surveys, or similar purposes TITLE      772          

ENDORSEMENT FEES, TITLE BINDERS, TITLE COMMITMENT FEES,                         

SETTLEMENT OR CLOSING FEES, COURIER FEES, AND ANY FEDERALLY        773          

MANDATED FLOOD PLAIN CERTIFICATION FEE;                            774          

      (ii)  If not paid to the registrant, an employee of the      776          

registrant, or a person related to the registrant, fees for        777          

preparation of a mortgage, settlement statement, or other          778          

documents, fees for notarizing mortgages and other documents, and  779          

appraisal fees, AND FEES FOR ANY FEDERALLY MANDATED INSPECTION OF  780          

HOME IMPROVEMENT WORK FINANCED BY A SECOND MORTGAGE LOAN;          781          

                                                          19     


                                                                 
      (c)  Fees for credit investigations not exceeding ten        783          

dollars.                                                                        

      (2)  Division (H)(1) of this section does not limit the      785          

rights of registrants to engage in other transactions with         786          

borrowers, provided the transactions are not a condition of the    787          

loan.                                                              788          

      (I)  If the loan contract or security instrument contains    790          

covenants by the borrower to perform certain duties pertaining to  791          

insuring or preserving security and the registrant pursuant to     792          

the loan contract or security instrument pays for performance of   793          

the duties on behalf of the borrower, the registrant may add the   794          

amounts paid to the unpaid principal balance of the loan or        795          

collect them separately.  A charge for interest may be made for    796          

sums advanced not exceeding the rate of interest permitted by      797          

division (A) of this section.  Within a reasonable time after      798          

advancing a sum, the registrant shall notify the borrower in       799          

writing of the amount advanced, any interest charged with respect  800          

to the amount advanced, any revised payment schedule, and shall    801          

include a brief description of the reason for the advance.         802          

      (J)(1)  In addition to points authorized under division (G)  805          

of this section, a registrant may charge and receive, on THE                    

FOLLOWING:                                                         806          

      (a)  WITH RESPECT TO SECURED loans in:  IF the principal     809          

amount of THE LOAN IS less than five hundred dollars, loan         811          

origination charges not exceeding fifteen dollars; on loans in IF  813          

the principal amount of THE LOAN IS at least five hundred dollars  814          

but less than one thousand dollars, loan origination charges not   816          

exceeding thirty dollars; on loans in IF the principal amount of   818          

THE LOAN IS at least one thousand dollars but less than two        819          

thousand dollars, loan origination charges not exceeding           820          

sixty-five ONE HUNDRED dollars; and on loans in IF the principal   822          

amount of THE LOAN IS at least two thousand dollars BUT LESS THAN  823          

FIVE THOUSAND DOLLARS, loan origination charges not exceeding the  824          

greater of one TWO hundred fifty dollars or one per cent of; AND   825          

                                                          20     


                                                                 
IF the principal amount of the loan IS AT LEAST FIVE THOUSAND      826          

DOLLARS, LOAN ORIGINATION CHARGES NOT EXCEEDING THE GREATER OF     827          

TWO HUNDRED FIFTY DOLLARS OR ONE PER CENT OF THE PRINCIPAL AMOUNT  828          

OF THE LOAN.  However, on                                          829          

      (b)  WITH RESPECT TO unsecured loans in:  IF the principal   832          

amount of THE LOAN IS LESS THAN FIVE HUNDRED DOLLARS, LOAN         833          

ORIGINATION CHARGES NOT EXCEEDING FIFTEEN DOLLARS; IF THE          834          

PRINCIPAL AMOUNT OF THE LOAN IS AT LEAST FIVE HUNDRED DOLLARS BUT  835          

LESS THAN ONE THOUSAND DOLLARS, LOAN ORIGINATION CHARGES NOT       836          

EXCEEDING THIRTY DOLLARS; IF THE PRINCIPAL AMOUNT OF THE LOAN IS   837          

AT LEAST ONE THOUSAND DOLLARS BUT less than five thousand          840          

dollars, the loan origination charge shall CHARGES not exceed      842          

EXCEEDING one hundred dollars; AND IF THE PRINCIPAL AMOUNT OF THE  843          

LOAN IS AT LEAST FIVE THOUSAND DOLLARS, LOAN ORIGINATION CHARGES   844          

NOT EXCEEDING TWO HUNDRED FIFTY DOLLARS.  A                                     

      (2)  IF A REFINANCING OCCURS WITHIN NINETY DAYS AFTER THE    846          

DATE OF THE REFINANCED LOAN, A registrant may not impose loan      848          

origination charges on a borrower more frequently than once in     849          

any ninety-day period THE PORTION OF THE PRINCIPAL AMOUNT THAT IS  850          

APPLIED TO THE UNPAID PRINCIPAL AMOUNT OF THE REFINANCED LOAN.     851          

Loan                                                                            

      (3)  LOAN origination charges may be paid by the borrower    853          

at the time of the loan or may be included in the principal        854          

amount of the loan.                                                855          

      (K)  A registrant may charge and receive check collection    857          

charges not greater than twenty dollars plus any amount passed on  859          

from other financial institutions for each check, negotiable       860          

order of withdrawal, share draft, or other negotiable instrument   861          

returned or dishonored for any reason.                             862          

      (L)  If the loan contract so provides, a registrant may      864          

collect a default charge on any installment not paid in full       865          

within ten days after its due date.  For this purpose, all         866          

installments are considered paid in the order in which they        867          

become due.  Any amounts applied to an outstanding loan balance    868          

                                                          21     


                                                                 
as a result of voluntary release of a security interest, sale of   869          

security on the loan, or cancellation of insurance shall be        870          

considered payments on the loan, unless the parties otherwise      871          

agree in writing at the time the amounts are applied.  The amount  872          

of the default charge shall not exceed the greater of five per     873          

cent of the scheduled installment or fifteen dollars.              874          

      Sec. 1321.58.  (A)  A registrant may make open-end loans     883          

pursuant to an agreement between the registrant and the borrower   884          

whereby:                                                           885          

      (1)  The registrant may permit the borrower to obtain        887          

advances of money from the registrant from time to time or the     888          

registrant may advance money on behalf of the borrower from time   889          

to time as directed by the borrower.                               890          

      (2)  The amount of each advance and permitted interest,      892          

charges, and costs are debited to the borrower's account and       893          

payments and other credits are credited to the same account.       894          

      (3)  The interest and charges are computed on the unpaid     896          

balance or balances of the account from time to time.              897          

      (4)  The borrower has the privilege of paying the account    899          

in full at any time or, if the account is not in default, in       900          

installments of determinable amounts as provided in the            901          

agreement.                                                         902          

      For open-end loans, "billing cycle" means the time interval  904          

between periodic billing dates.  A billing cycle shall be          905          

considered monthly if the closing date of the cycle is the same    906          

date each month or does not vary by more than four days from such  907          

date.                                                              908          

      (B)  Notwithstanding any other provisions of the Revised     910          

Code, a registrant may contract for and receive interest for       911          

open-end loans at a rate or rates not exceeding twenty-one per     912          

cent per year and may compute interest in each billing cycle by    913          

either of the following methods:                                   914          

      (1)  By multiplying the daily rate by the daily unpaid       916          

balance of the account, in which case the daily rate is            917          

                                                          22     


                                                                 
determined by dividing the annual rate by three hundred            918          

sixty-five;                                                        919          

      (2)  By multiplying the monthly rate by the average daily    921          

unpaid balance of the account in the billing cycle, in which case  922          

the average daily unpaid balance is the sum of all of the daily    923          

unpaid balances each day during the cycle divided by the number    924          

of days in the cycle.  The monthly rate is determined by dividing  925          

the annual rate by twelve.                                         926          

      The billing cycle shall be monthly and the unpaid balance    928          

on any day shall be determined by adding to any balance unpaid as  929          

of the beginning of that day all advances and permitted interest,  930          

charges, and costs and deducting all payments and other credits    931          

made or received that day.                                         932          

      (C)  In addition to the interest permitted in division (B)   934          

of this section, a registrant may charge and receive or add to     935          

the unpaid balance any or all of the following:                    936          

      (1)  All charges and costs authorized by divisions (E),      938          

(F), (G), (H), (I), and (K) of section 1321.57 of the Revised      939          

Code;                                                              940          

      (2)  An annual credit line charge, for the privilege of      942          

maintaining a line of credit, for AS FOLLOWS:                      943          

      (a)  FOR the first year:                                     945          

      (i)  IF THE ORIGINAL CREDIT LINE IS LESS THAN FIVE THOUSAND  947          

DOLLARS, AN AMOUNT NOT EXCEEDING ONE HUNDRED FIFTY DOLLARS;        948          

      (ii)  IF THE ORIGINAL CREDIT LINE IS AT LEAST FIVE THOUSAND  950          

DOLLARS, AN AMOUNT not exceeding the greater of one per cent of    952          

the original credit line or one TWO hundred fifty dollars, and     954          

for.                                                                            

      (b)  FOR subsequent years AN AMOUNT not exceeding the        956          

greater of one-half per cent of the credit line on the             957          

anniversary date or fifty dollars;.                                958          

      (3)  A default charge on any required minimum payment not    961          

paid in full within ten days after its due date.  For this                      

purpose, all required minimum payments are considered paid in the  963          

                                                          23     


                                                                 
order in which they become due.  The amount of the default charge  964          

shall not exceed the greater of five per cent of the required      965          

minimum payment or fifteen dollars.                                             

      (D)  The borrower at any time may pay all or any part of     967          

the unpaid balance on the account or, if the account is not in     968          

default, the borrower may pay the unpaid balance in installments   969          

subject to minimum payment requirements as determined by the       970          

registrant and set forth in the open-end loan agreement.           971          

      (E)  If credit life insurance or credit accident and health  973          

insurance is obtained by the registrant and if the insured dies    974          

or becomes disabled when there is an outstanding open-end loan     975          

indebtedness, the insurance shall be sufficient to pay the unpaid  976          

balance on the loan due on the date of the borrower's death in     977          

the case of credit life insurance or all minimum payments that     978          

become due on the loan during the covered period of disability in  979          

the case of credit accident and health insurance.  The additional  980          

charge for credit life insurance, credit accident and health       981          

insurance, or unemployment insurance shall be calculated each      982          

billing cycle by applying the current monthly premium rate for     983          

the insurance, filed by the insurer with the superintendent of     984          

insurance and not disapproved by the superintendent, to the        985          

unpaid balances in the borrower's account, using one of the        987          

methods specified in division (B) of this section for the          988          

calculation of interest.  No credit life insurance, credit         989          

accident and health insurance, or unemployment insurance written   990          

in connection with an open-end loan shall be canceled by the       991          

registrant because of delinquency of the borrower in making the    992          

required minimum payments on the loan unless one or more such      993          

payments is past due for a period of thirty days or more.  The     994          

registrant shall advance to the insurer the amounts required to    995          

keep the insurance in force during such period, which amounts may  996          

be debited to the borrower's account.                                           

      (F)  Whenever there is no unpaid balance in an open-end      998          

loan account, the account may be terminated by written notice, by  999          

                                                          24     


                                                                 
the borrower or the registrant, to the other party.  If a          1,000        

registrant has taken a mortgage on real property to secure the     1,001        

open-end loan, the registrant shall deliver, within thirty days    1,002        

following termination of the account, a release of the mortgage    1,003        

to the borrower.  If a registrant has taken a security interest    1,004        

in personal property to secure the open-end loan, the registrant   1,005        

shall release the security interest and terminate any financing    1,006        

statement in accordance with section 1309.41 of the Revised Code.  1,007        

      Sec. 1321.99.  (A)  Whoever violates section 1321.02 of the  1,016        

Revised Code shall be fined not less than one hundred nor more     1,017        

than five hundred dollars for a first offense; for each            1,018        

subsequent offense such person shall be fined not less than two    1,019        

hundred nor more than one thousand dollars or imprisoned not more  1,020        

than six months, or both IS GUILTY OF A FELONY OF THE FIFTH        1,021        

DEGREE.                                                                         

      (B)  Whoever violates section 1321.13 of the Revised Code    1,023        

shall be fined not less than one hundred nor more than five        1,024        

hundred dollars or imprisoned not more than six months, or both.   1,025        

      (C)  Whoever violates section 1321.14 of the Revised Code    1,027        

shall be fined not less than fifty nor more than two hundred       1,028        

dollars for a first offense; for a second offense such person      1,029        

shall be fined not less than two hundred nor more than five        1,030        

hundred dollars and imprisoned for not more than six months.       1,031        

      (D)  Whoever willfully violates section 1321.57, 1321.58,    1,033        

1321.59, or 1321.60 of the Revised Code shall be fined not less    1,034        

than one nor more than five hundred dollars.                       1,035        

      (E)  Whoever violates section 1321.52 of the Revised Code    1,037        

is guilty of a felony of the fifth degree.                         1,038        

      (F)  Whoever violates division (A) of section 1321.73 of     1,040        

the Revised Code shall be fined not more than five hundred         1,041        

dollars or imprisoned not more than six months, or both.           1,042        

      Section 2.  That existing sections 1321.20, 1321.51,         1,044        

1321.52, 1321.53, 1321.54, 1321.55, 1321.57, 1321.58, and 1321.99  1,045        

of the Revised Code are hereby repealed.                           1,046