As Reported by the Senate Finance and                 2            

                Financial Institutions Committee                   2            

123rd General Assembly                                             5            

   Regular Session                             Sub. S. B. No. 231  6            

      1999-2000                                                    7            


                       SENATORS WHITE-RAY                          9            


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend sections 1321.20, 1321.51 to 1321.55,        13           

                1321.57, 1321.58, and 1321.99 of the Revised Code  14           

                to make revisions in the Small Loan Law and the    15           

                Mortgage Loan Law, including changes relative to                

                maximum license or certificate of registration     16           

                fees, examinations and investigations by the       17           

                Division of Financial Institutions, permissible    18           

                charges by registrants, and penalties for          19           

                violations.                                                     




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        21           

      Section 1.  That sections 1321.20, 1321.51, 1321.52,         23           

1321.53, 1321.54, 1321.55, 1321.57, 1321.58, and 1321.99 of the    24           

Revised Code be amended to read as follows:                        25           

      Sec. 1321.20.  (A)  Every person licensed or registered      34           

under this chapter shall pay to the superintendent of financial    35           

institutions, prior to the last day of June, an annual license or  37           

certificate of registration fee.  On or about the fifteenth day    38           

of April of each year, the superintendent shall determine the      39           

license or certificate fees to be charged, pursuant to sections    40           

1321.03, 1321.05, 1321.53, and 1321.73 of the Revised Code.  Such  41           

determination shall be made by dividing the appropriation for the  42           

consumer finance section of the division of financial              43           

institutions for the current fiscal year by the number of          44           

licenses and certificates issued as of the date of the             45           

computation.  In no event shall the amount of the fee exceed two   46           

                                                          2      


                                                                 
THREE hundred fifty dollars, except that the maximum fee which     47           

may be charged insurance premium finance companies licensed under  48           

section 1321.73 of the Revised Code shall not exceed three         49           

hundred seventy-five dollars.  Prior to the first day of June of   50           

each year, the superintendent shall inform each person licensed    51           

or registered under this chapter of the amount of the license or   52           

certificate fee for the succeeding fiscal year as determined by    53           

this section.                                                      54           

      (B)  Each person licensed under Chapter 4727. of the         56           

Revised Code, prior to the last day of June, shall pay to the      57           

superintendent a fee equal to twice the amount of the fee          58           

determined by the superintendent pursuant to division (A) of this  59           

section.  However, in no event shall the amount of the fee exceed  60           

three hundred dollars.                                             61           

      (C)  The fee for a license or certificate issued pursuant    63           

to Chapter 1321., 4727., or 4728. of the Revised Code after the    64           

first day of January in any fiscal year shall be equal to          65           

one-half the amount determined according to divisions (A) and (B)  66           

of this section or in accordance with section 4728.03 of the       67           

Revised Code.                                                      68           

      (D)  If the renewal fees billed by the superintendent        70           

pursuant to divisions (A) and (B) of this section are less than    71           

the estimated expenditures of the consumer finance section of the  73           

division of financial institutions, as determined by the                        

superintendent, for the following fiscal year, the superintendent  74           

may assess each person licensed pursuant to section 1321.04 or     75           

registered pursuant to section 1321.53 of the Revised Code at a    76           

rate sufficient to equal in the aggregate the difference between   77           

the renewal fees billed and the estimated expenditures.  Each      78           

person shall pay the assessed amount to the superintendent prior   79           

to the last day of June.  In no case shall the assessment exceed   80           

ten cents per each one hundred dollars of interest (excluding      81           

charge-off recoveries), points, loan origination charges, and      82           

credit line charges collected by that person during the previous   83           

                                                          3      


                                                                 
calendar year.  If an assessment is imposed under this division,   84           

it shall not be less than two hundred fifty dollars per licensee   85           

or registrant and shall not exceed thirty thousand dollars less    86           

the total renewal fees paid pursuant to division (A) of this       87           

section by each licensee or registrant.                            88           

      Sec. 1321.51.  As used in sections 1321.51 to 1321.60 of     97           

the Revised Code:                                                  98           

      (A)  "Person" means an individual, partnership,              100          

association, trust, corporation, or any other legal entity.        101          

      (B)  "Certificate" means a certificate of registration       103          

issued under sections 1321.51 to 1321.60 of the Revised Code.      104          

      (C)  "Registrant" means a person to whom one or more         106          

certificates have been issued.                                     107          

      (D)  "Principal amount" means the amount of cash paid to,    109          

or paid or payable for the account of, the borrower, AND INCLUDES  111          

ANY CHARGE, FEE, OR EXPENSE THAT IS FINANCED BY THE BORROWER AT    113          

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

      (E)  "Interest" means all charges payable directly or        115          

indirectly by a borrower to a registrant as a condition to a loan  116          

or an application for a loan, however denominated, but does not    117          

include default charges, deferment charges, insurance charges or   118          

premiums, court costs, loan origination charges, check collection  119          

charges, credit line charges, points, prepayment penalties, or     120          

other fees and charges specifically authorized by law.             121          

      (F)  "Interest-bearing loan" means a loan in which the debt  123          

is expressed as the principal amount and interest is computed,     124          

charged, and collected on unpaid principal balances outstanding    125          

from time to time.                                                 126          

      (G)  "Precomputed loan" means a loan in which the debt is a  128          

sum comprising the principal amount and the amount of interest     129          

computed in advance on the assumption that all scheduled payments  130          

will be made when due.                                             131          

      (H)  "Actuarial method" means the method of allocating       133          

payments made on a loan between the principal amount and interest  134          

                                                          4      


                                                                 
whereby a payment is applied first to the accumulated interest     135          

and the remainder to the unpaid principal amount.                  136          

      (I)  "Applicable charge" means the amount of interest        138          

attributable to each monthly installment period of the loan        139          

contract.  The applicable charge is computed as if each            140          

installment period were one month and any charge for extending     141          

the first installment period beyond one month is ignored.  In the  142          

case of loans originally scheduled to be repaid in sixty-one       143          

months or less, the applicable charge for any installment period   144          

is that proportion of the total interest contracted for, as the    145          

balance scheduled to be outstanding during that period bears to    146          

the sum of all of the periodic balances, all determined according  147          

to the payment schedule originally contracted for.  In all other   148          

cases, the applicable charge for any installment period is that    149          

which would have been made for such period had the loan been made  150          

on an interest-bearing basis, based upon the assumption that all   151          

payments were made according to schedule.                          152          

      (J)  "Broker" means a person who acts as an intermediary or  154          

agent in finding, arranging, or negotiating loans, and charges or  155          

receives a fee for these services.                                 156          

      (K)  "Annual percentage rate" means the ratio of the         158          

interest on a loan to the unpaid principal balances on the loan    159          

for any period of time, expressed on an annual basis.              160          

      (L)  "Point" means a charge equal to one per cent of either  162          

of the following:                                                  163          

      (1)  The principal amount of a precomputed loan or           165          

interest-bearing loan;                                             166          

      (2)  The original credit line of an open-end loan.           168          

      (M)  "Prepayment penalty" means a charge for prepayment of   170          

a loan at any time prior to five years from the date the loan      171          

contract is executed.                                              172          

      (N)  "Refinancing" means a loan the proceeds of which are    174          

used in whole or in part to pay the unpaid balance of a prior      175          

loan made by the same registrant to the same borrower under        176          

                                                          5      


                                                                 
sections 1321.51 to 1321.60 of the Revised Code.                   177          

      (O)  "Superintendent of financial institutions" includes     179          

the deputy superintendent for consumer finance as provided in      180          

section 1181.21 of the Revised Code.                               181          

      Sec. 1321.52.  (A)(1)  No person, on that person's own       190          

behalf or on behalf of any other person, shall do either of the    191          

following without having first obtained a certificate of           193          

registration from the division of financial institutions:          194          

      (a)  Advertise, solicit, or hold out that the person is      196          

engaged in the business of making loans secured by a mortgage on   197          

a borrower's real estate which is other than a first lien on the   199          

real estate;                                                                    

      (b)  Engage in the business of lending or collecting the     201          

person's own or another person's money, credit, or choses in       202          

action for such loans.                                             203          

      (2)  Each person issued a certificate is subject to all the  205          

rules prescribed under sections 1321.51 to 1321.60 of the Revised  206          

Code.                                                              207          

      (B)  All loans made to persons who at the time are           209          

residents of this state are considered as made within this state   210          

and subject to the laws of this state, regardless of any           211          

statement in the contract or note to the contrary.                 212          

      (C)  A registrant may make unsecured loans, loans secured    214          

by a mortgage on a borrower's real estate which is a first lien    215          

or other than a first lien on the real estate, loans secured by    216          

other than real estate, and loans secured by any combination of    217          

mortgages and security interests, on terms and conditions          218          

provided by sections 1321.51 to 1321.60 of the Revised Code.       219          

      (D)(1)  IF A LENDER THAT IS SUBJECT TO SECTIONS 1321.51 TO   222          

1321.60 OF THE REVISED CODE MAKES A LOAN IN VIOLATION OF DIVISION  223          

(A)(1) OF THIS SECTION, THE LENDER HAS NO RIGHT TO COLLECT,        225          

RECEIVE, OR RETAIN ANY INTEREST OR CHARGES ON THAT LOAN.           226          

      (2)  IF A REGISTRANT APPLIES TO THE DIVISION FOR A RENEWAL   228          

OF THE REGISTRANT'S CERTIFICATE AFTER THE DATE REQUIRED BY         229          

                                                          6      


                                                                 
DIVISION (A)(4) OF SECTION 1321.53 OF THE REVISED CODE, BUT PRIOR  231          

TO THE FIRST DAY OF AUGUST OF THAT YEAR, AND THE DIVISION          232          

APPROVES THE APPLICATION, DIVISION (D)(1) OF THIS SECTION DOES     233          

NOT APPLY WITH RESPECT TO ANY LOAN MADE BY THE REGISTRANT WHILE    234          

THE REGISTRANT'S CERTIFICATE WAS EXPIRED.                          235          

      Sec. 1321.53.  (A)(1)  An application for a certificate of   244          

registration under sections 1321.51 to 1321.60 of the Revised      245          

Code shall contain an undertaking by the applicant to abide by     246          

those sections.  The application shall be in writing, under oath,  247          

and in the form prescribed by the division of financial            249          

institutions, shall give the location where the business is to be  250          

conducted and the names and addresses of the partners, officers,   251          

or trustees of the applicant, and shall contain any further        252          

relevant information that the division may require.  Applicants    253          

that are foreign corporations shall obtain and maintain a license  254          

pursuant to Chapter 1703. of the Revised Code before a             255          

certificate is issued or renewed.                                  256          

      (2)  Upon the filing of the application and the payment by   258          

the applicant of two hundred dollars as an investigation fee and   259          

an annual registration fee as determined by the superintendent of  260          

financial institutions pursuant to section 1321.20 of the Revised  262          

Code, the division shall investigate the relevant facts.  If the   263          

application involves investigation outside this state, the         264          

applicant may be required by the division to advance sufficient    265          

funds to pay any of the actual expenses of such investigation,     266          

when it appears that these expenses will exceed two hundred        267          

dollars.  An itemized statement of any of these expenses which     268          

the applicant is required to pay shall be furnished the applicant  269          

by the division.  No certificate shall be issued unless the fees   270          

have been submitted to the division, and no registration fee or    271          

investigation fee will be returned after a certificate has been    272          

issued.                                                            273          

      (3)  If an application for a certificate of registration     276          

does not contain all of the information required under division    277          

                                                          7      


                                                                 
(A)(1) of this section, and if such information is not submitted   279          

to the division within ninety days after the application is        280          

filed, the superintendent may consider the application withdrawn   281          

and may retain the investigation fee.                              282          

      (4)  If the division finds that the financial                285          

responsibility, experience, character, and general fitness of the  286          

applicant are such as to command the confidence of the public and  287          

to warrant the belief that the business will be operated honestly  288          

and fairly in compliance with and within the purposes of sections  289          

1321.51 to 1321.60 of the Revised Code, and that the applicant     290          

has the net worth and assets required by division (B) of this      291          

section, the division shall thereupon issue a certificate to the   292          

applicant.  The certificate may be continued from year to year     293          

SHALL EXPIRE ON THE FIRST DAY OF JULY NEXT AFTER ITS ISSUE, AND    294          

ON THE FIRST DAY OF JULY IN EACH SUCCEEDING YEAR, UNLESS RENEWED   295          

by payment of an annual fee, and any assessment, as determined by  296          

the superintendent pursuant to section 1321.20 of the Revised      298          

Code, on or before the last day of June of each year.  No other    299          

fee or assessment shall be required of a registrant by the state   300          

or any political subdivision of the state.                                      

      If the division does not so find, it shall enter an order    303          

denying the application, and forthwith notify the applicant of     304          

the denial, the grounds for the denial, and the applicant's        305          

reasonable opportunity to be heard on the action in accordance     306          

with Chapter 119. of the Revised Code.  In the event of denial,    307          

the division shall return the registration fee but retain the      308          

investigation fee.                                                              

      (5)  IF THERE IS A CHANGE OF TEN PER CENT OR MORE IN THE     310          

OWNERSHIP OF A REGISTRANT, THE DIVISION MAY MAKE ANY               311          

INVESTIGATION NECESSARY TO DETERMINE WHETHER ANY FACT OR           312          

CONDITION EXISTS THAT, IF IT HAD EXISTED AT THE TIME OF THE        313          

ORIGINAL APPLICATION FOR A CERTIFICATE OF REGISTRATION, THE FACT   314          

OR CONDITION WOULD HAVE WARRANTED THE DIVISION TO DENY THE         315          

APPLICATION UNDER DIVISION (A)(4) OF THIS SECTION.  IF SUCH A      316          

                                                          8      


                                                                 
FACT OR CONDITION IS FOUND, THE DIVISION MAY, IN ACCORDANCE WITH   317          

CHAPTER 119. OF THE REVISED CODE, REVOKE THE REGISTRANT'S          318          

CERTIFICATE.                                                                    

      (B)  Each registrant that engages in lending under sections  321          

1321.51 to 1321.60 of the Revised Code shall maintain both of the  322          

following:                                                                      

      (1)  A net worth of at least fifty thousand dollars;         324          

      (2)  For each certificate of registration, assets of at      326          

least fifty thousand dollars either in use or readily available    327          

for use in the conduct of the business.                            328          

      (C)  Not more than one place of business shall be            330          

maintained under the same certificate, but the division may issue  331          

additional certificates to the same registrant upon compliance     332          

with sections 1321.51 to 1321.60 of the Revised Code, governing    333          

the issuance of a single certificate.  No change in the place of   334          

business of a registrant to a location outside the original        335          

municipal corporation shall be permitted under the same            336          

certificate without the approval of a new application, the         337          

payment of the registration fee as determined by the               338          

superintendent pursuant to section 1321.20 of the Revised Code     339          

and, if required by the superintendent, the payment of an          340          

investigation fee of two hundred dollars.  When a registrant       341          

wishes to change its place of business within the same municipal   342          

corporation, it shall give written notice of the change in         343          

advance to the division, which shall provide a certificate for     344          

the new address without cost.  If a registrant changes its name,   345          

prior to making loans under the new name it shall give written     346          

notice of the change to the division, which shall provide a        347          

certificate in the new name without cost.  Sections 1321.51 to     348          

1321.60 of the Revised Code do not limit the loans of any          349          

registrant to residents of the community in which the              350          

registrant's place of business is situated.  Each certificate      351          

shall be kept conspicuously posted in the place of business of     352          

the registrant and is not transferable or assignable.              353          

                                                          9      


                                                                 
      (D)  Sections 1321.51 to 1321.60 of the Revised Code do not  355          

apply to any of the following:                                     356          

      (1)  Persons lawfully doing business under the authority of  358          

any law of this state, another state, or the United States         359          

relating to banks, savings banks, trust companies, savings and     360          

loan associations, or credit unions;                               361          

      (2)  Life, property, or casualty insurance companies         363          

licensed to do business in this state;                             364          

      (3)  Any person that is a lender making a loan pursuant to   366          

sections 1321.01 to 1321.19 of the Revised Code or a business      367          

loan as described in division (B)(6) of section 1343.01 of the     368          

Revised Code;                                                      369          

      (4)  Any governmental agency or instrumentality, or any      371          

entity included under division (B)(3) of section 1343.01 of the    372          

Revised Code.                                                      373          

      (E)  No person engaged in the business of selling tangible   375          

goods or services related to tangible goods may receive or retain  376          

a certificate under sections 1321.51 to 1321.60 of the Revised     377          

Code for such place of business.                                   378          

      Sec. 1321.54.  (A)  The division of financial institutions   388          

may adopt, in accordance with Chapter 119. of the Revised Code,    390          

rules that are necessary for the enforcement of sections 1321.51   391          

to 1321.60 of the Revised Code and that are consistent with those  392          

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

division, or paragraph of the Revised Code to which it applies.    393          

The division shall send by regular mail to each registrant a copy  395          

of each rule that is adopted pursuant to this section.                          

      (B)  The division shall, upon written notice to the          397          

registrant stating the contemplated action, the grounds for the    398          

action, and the registrant's reasonable opportunity to be heard    399          

on the action in accordance with Chapter 119. of the Revised       401          

Code, revoke or, suspend, OR FAIL TO RENEW any certificate issued  402          

under sections 1321.51 to 1321.60 of the Revised Code, OR IMPOSE   403          

A MONETARY FINE, if it finds that the registrant has continued to  405          

                                                          10     


                                                                 
violate those sections, after receiving notice of the violation    406          

or violations from the division, or is in default in the payment   407          

of the annual assessment or certificate of registration fee        408          

prescribed in section 1321.20 of the Revised Code.  The            409          

revocation or, suspension, OR FAILURE TO RENEW shall not impair    411          

the obligation of any pre-existing lawful contract made under      412          

sections 1321.51 to 1321.60 of the Revised Code.                                

      MONETARY FINES IMPOSED UNDER THIS DIVISION SHALL NOT EXCEED  414          

TWENTY-FIVE THOUSAND DOLLARS.                                      415          

      (C)  The superintendent of financial institutions may        418          

investigate alleged violations of sections 1321.51 to 1321.60 of   419          

the Revised Code, or the rules adopted thereunder, or complaints   420          

concerning any such violation.  The superintendent may make        422          

application to the court of common pleas for an order enjoining    423          

any such violation and, upon a showing by the superintendent that  424          

a person has committed, or is about to commit, such a violation,   425          

the court shall grant an injunction, restraining order, or other   426          

appropriate relief.                                                             

      (D)  In conducting an investigation pursuant to this         429          

section, the superintendent may compel, by subpoena, witnesses to  430          

testify in relation to any matter over which the superintendent    431          

has jurisdiction, and may require the production or photocopying   432          

of any book, record, or other document pertaining to such matter.  433          

If a person fails to file any statement or report, obey any        434          

subpoena, give testimony, produce any book, record, or other       435          

document as required by such a subpoena, or permit photocopying    436          

of any book, record, or other document subpoenaed, the court of    437          

common pleas of any county in this state, upon application made    438          

to it by the superintendent, shall compel obedience by attachment  439          

proceedings for contempt, as in the case of disobedience of the    440          

requirements of a subpoena issued from the court, or a refusal to  441          

testify therein.                                                                

      (E)  If the superintendent determines that a person is       443          

engaged in, or is believed to be engaged in, activities that may   444          

                                                          11     


                                                                 
constitute a violation of sections 1321.51 to 1321.60 of the       445          

Revised Code, the superintendent may, after notice and a hearing   447          

conducted in accordance with Chapter 119. of the Revised Code,     448          

issue a cease and desist order.  Such an order shall be            449          

enforceable in the court of common pleas.                          450          

      Sec. 1321.55.  (A)  Every registrant shall keep records      459          

pertaining to loans made under sections 1321.51 to 1321.60 of the  461          

Revised Code.  Such records shall be segregated from records       462          

pertaining to transactions that are not subject to these sections  463          

of the Revised Code.  Every registrant shall preserve records      464          

pertaining to loans made under sections 1321.51 to 1321.60 of the  466          

Revised Code for at least two years after making the final entry   467          

on such records.  Accounting systems maintained in whole or in     468          

part by mechanical or electronic data processing methods that      469          

provide information equivalent to that otherwise required are      470          

acceptable for this purpose.  At least once each year                           

EIGHTEEN-MONTH CYCLE, the division of financial institutions       472          

shall make or cause to be made an examination of records           474          

pertaining to loans made under sections 1321.51 to 1321.60 of the  475          

Revised Code, for the purpose of determining whether the                        

registrant is complying with these sections and of verifying the   476          

registrant's annual report.                                        477          

      (B)(1)  As required by the superintendent of financial       479          

institutions, each registrant shall file with the division each    481          

year a report under oath or affirmation, on forms supplied by the  482          

division, concerning the business and operations for the           483          

preceding calendar year.  Whenever a registrant operates two or    484          

more registered offices or whenever two or more affiliated         485          

registrants operate registered offices, then a composite report    486          

of the group of registered offices may be filed in lieu of         487          

individual reports.                                                488          

      (2)  The division shall publish annually an analysis of the  490          

information required under division (B)(1) of this section, but    491          

the individual reports shall not be public records and shall not   492          

                                                          12     


                                                                 
be open to public inspection.                                      493          

      (C)  All information obtained by the superintendent or the   496          

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

clerks by reason of their official position, including             497          

information obtained by such persons from the annual report of a   498          

registrant or in the course of examining a registrant or           499          

investigating an applicant for a certificate, is privileged and    500          

confidential.  All such information shall remain privileged and    501          

confidential for all purposes except when it is necessary for the  503          

superintendent and the superintendent's deputies, examiners,                    

assistants, agents, or clerks to take official action regarding    504          

the affairs of the registrant or in connection with criminal       505          

proceedings.                                                       506          

      (D)  No person is in violation of sections 1321.51 to        508          

1321.60 of the Revised Code for any act taken or omission made in  509          

reliance on a written notice, interpretation, or examination       510          

report from the superintendent.                                                 

      Sec. 1321.57.  (A)  Notwithstanding any other provisions of  519          

the Revised Code, a registrant may contract for and receive        520          

interest, calculated according to the actuarial method, at a rate  521          

or rates not exceeding twenty-one per cent per year on the unpaid  522          

principal balances of the loan.  Loans may be interest-bearing or  523          

precomputed.                                                       524          

      (B)  For purposes of computation of time on                  526          

interest-bearing and precomputed loans, including, but not         527          

limited to, the calculation of interest, a month is considered     528          

one-twelfth of a year, and a day is considered one three hundred   529          

sixty-fifth of a year when calculation is made for a fraction of   530          

a month.  A year is as defined in section 1.44 of the Revised      531          

Code.  A month is that period described in section 1.45 of the     532          

Revised Code.  ALTERNATIVELY, A REGISTRANT MAY CONSIDER A DAY AS   533          

ONE THREE HUNDRED SIXTIETH OF A YEAR AND EACH MONTH AS HAVING      534          

THIRTY DAYS.                                                                    

      (C)  With respect to interest-bearing loans:                 536          

                                                          13     


                                                                 
      (1)(a)  Interest shall be computed on unpaid principal       538          

balances outstanding from time to time, for the time outstanding.  539          

      (b)  As an alternative to the method of computing interest   541          

set forth in division (C)(1)(a) of this section, a registrant, if  542          

the loan contract so provides, may charge and collect interest     543          

for the first installment period based on elapsed time from the    544          

date of the loan to the first scheduled payment due date, and for  545          

each succeeding installment period from the scheduled payment due  546          

date to the next scheduled payment due date, regardless of the     547          

date or dates the payments are actually made.                      548          

      (c)  Whether a registrant computes interest pursuant to      550          

division (C)(1)(a) or (b) of this section, each payment shall be   551          

applied first to unpaid charges, then to interest, and the         552          

remainder to the unpaid principal balance.  However, if the        553          

amount of the payment is insufficient to pay the accumulated       554          

interest, the unpaid interest continues to accumulate to be paid   555          

from the proceeds of subsequent payments and is not added to the   556          

principal balance.                                                 557          

      (2)  Interest shall not be compounded, COLLECTED, or paid    560          

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

      (a)  INTEREST MAY BE CHARGED TO EXTEND THE FIRST MONTHLY     562          

INSTALLMENT PERIOD BY NOT MORE THAN FIFTEEN DAYS, AND THE          563          

INTEREST CHARGED FOR THE EXTENSION MAY BE ADDED TO THE PRINCIPAL   564          

AMOUNT OF THE LOAN.                                                565          

      (b)  IF part or all of the consideration for a new loan      568          

contract is the unpaid principal balance of a prior loan, then     569          

the principal amount payable under such THE new loan contract may  570          

include any unpaid interest that has accrued.  The resulting loan  571          

contract shall be deemed a new and separate loan transaction for   572          

purposes of this section.  The unpaid principal balance of a       573          

precomputed loan is the balance due after refund or credit of      574          

unearned interest as provided in division (D)(3) of this section.  575          

      (D)  With respect to precomputed loans:                      577          

      (1)  Loans shall be repayable in monthly installments of     579          

                                                          14     


                                                                 
principal and interest combined, except that the first             580          

installment period may exceed one month by not more than fifteen   581          

days, and the first installment payment amount may be larger than  582          

the remaining payments by the amount of interest charged for the   583          

extra days; and provided further that monthly installment payment  584          

dates may be omitted to accommodate borrowers with seasonal        585          

income.                                                            586          

      (2)  Payments may be applied to the combined total of        588          

principal and precomputed interest until maturity of the loan.  A  589          

registrant may charge interest after the original or deferred      590          

maturity of a precomputed loan at the rate specified in division   591          

(A) of this section on all unpaid principal balances for the time  592          

outstanding.                                                       593          

      (3)  When any loan contract is paid in full by cash,         595          

renewal, refinancing, or a new loan, one month or more before the  596          

final installment due date, the registrant shall refund, or        597          

credit the borrower with, the total of the applicable charges for  598          

all fully unexpired installment periods, as originally scheduled   599          

or as deferred, that follow the day of prepayment.  If the         600          

prepayment is made other than on a scheduled installment due       602          

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

such computation.  If the prepayment occurs prior to the first     603          

installment due date, the registrant may retain one-thirtieth of   604          

the applicable charge for a first installment period of one month  605          

for each day from date of loan to date of prepayment, and shall    606          

refund, or credit the borrower with, the balance of the total      607          

interest contracted for.  If the maturity of the loan is           608          

accelerated for any reason and judgment is entered, the            609          

registrant shall credit the borrower with the same refund as if    610          

prepayment in full had been made on the date the judgment is       611          

entered.                                                           612          

      (4)  If the parties agree in writing, either in the loan     614          

contract or in a subsequent agreement, to a deferment of wholly    615          

unpaid installments, a registrant may grant a deferment and may    616          

                                                          15     


                                                                 
collect a deferment charge as provided in this section.  A         617          

deferment postpones the scheduled due date of the earliest unpaid  618          

installment and all subsequent installments as originally          619          

scheduled, or as previously deferred, for a period equal to the    620          

deferment period.  The deferment period is that period during      621          

which no installment is scheduled to be paid by reason of the      622          

deferment.  The deferment charge for a one-month period may not    623          

exceed the applicable charge for the installment period            624          

immediately following the due date of the last undeferred          625          

installment.  A proportionate charge may be made for deferment     626          

for periods of more or less than one month.  A deferment charge    627          

is earned pro rata during the deferment period and is fully        628          

earned on the last day of the deferment period.  If a loan is      629          

prepaid in full during a deferment period, the registrant shall    630          

make, or credit to the borrower, a refund of the unearned          631          

deferment charge in addition to any other refund or credit made    632          

for prepayment of the loan in full.                                633          

      (E)  A registrant, at the request of the borrower, may       635          

obtain, on one or more borrowers, credit life insurance, credit    636          

accident and health insurance, and unemployment insurance.  The    637          

premium or identifiable charge for the insurance may be included   639          

in the principal amount of the loan and may not exceed the         640          

premium rate filed by the insurer with the superintendent of       641          

insurance and not disapproved by the superintendent.  If a         642          

registrant obtains the insurance at the request of the borrower,   643          

the borrower shall have the right to cancel the insurance for a    644          

period of twenty-five days after the loan is made.  If the         645          

borrower chooses to cancel the insurance, the borrower shall give  646          

the registrant written notice of this choice and shall return all  647          

of the policies or certificates of insurance or notices of         648          

proposed insurance to the registrant during such period, and the   649          

full premium or identifiable charge for the insurance shall be     650          

refunded to the borrower by the registrant.  If the borrower       651          

requests, in the notice to cancel the insurance, that this refund  652          

                                                          16     


                                                                 
be applied to reduce the balance of a precomputed loan, the        653          

registrant shall credit the amount of the refund plus the amount   654          

of interest applicable to the refund to the loan balance.          655          

      IF THE REGISTRANT OBTAINS THE INSURANCE AT THE REQUEST OF    657          

THE BORROWER, THE REGISTRANT SHALL NOT CHARGE OR COLLECT INTEREST  658          

ON ANY INSURED AMOUNT THAT REMAINS UNPAID AFTER THE BORROWER'S     659          

DATE OF DEATH.                                                     660          

      (F)  A registrant may require the borrower to provide        662          

insurance or a loss payable endorsement covering reasonable risks  663          

of loss, damage, and destruction of property used as security for  664          

the loan and with the consent of the borrower such insurance may   665          

cover property other than that which is security for the loan.     666          

The amount and term of required property insurance shall be        667          

reasonable in relation to the amount and term of the loan          668          

contract and the type and value of the security, and the           669          

insurance shall be procured in accordance with the insurance laws  670          

of this state.  The purchase of this insurance through the         671          

registrant or an agent or broker designated by the registrant      672          

shall not be a condition precedent to the granting of the loan.    673          

If the borrower purchases the insurance from or through the        674          

registrant or from another source, the premium may be included in  675          

the principal amount of the loan.                                  676          

      (G)  On loans secured by an interest in real estate, all of  678          

the following apply:                                               679          

      (1)  A registrant may charge and receive up to two points,   682          

and a prepayment penalty not in excess of one per cent of the      683          

original principal amount of the loan.  Points may be paid by the  684          

borrower at the time of the loan or may be included in the         685          

principal amount of the loan.  On a refinancing, a registrant may  686          

not charge under division (G)(1) of this section either points OF  688          

THE FOLLOWING:                                                                  

      (a)  POINTS ON THE PORTION OF THE PRINCIPAL AMOUNT THAT IS   690          

APPLIED TO THE UNPAID PRINCIPAL AMOUNT OF THE REFINANCED LOAN, IF  691          

THE REFINANCING OCCURS within one year from AFTER the date of a    693          

                                                          17     


                                                                 
prior THE REFINANCED loan on which points were charged or a;       694          

      (b)  A prepayment penalty.                                   697          

      (2)  As an alternative to the prepayment penalty described   699          

in division (G)(1) of this section, a registrant may contract      700          

for, charge, and receive the prepayment penalty described in       701          

division (G)(2) of this section for the prepayment of a loan       704          

prior to three years after the date the loan contract is           705          

executed.  This prepayment penalty shall not exceed three per      706          

cent of the original principal amount of the loan if the loan is   707          

paid in full prior to one year after the date the loan contract    708          

is executed.  The penalty shall not exceed two per cent of the     709          

original principal amount of the loan if the loan is paid in full  710          

at any time from one year, but prior to two years, after the date  711          

the loan contract is executed.  The penalty shall not exceed one   712          

per cent of the original principal amount of the loan if the loan  713          

is paid in full at any time from two years, but prior to three     714          

years, after the date the loan contract is executed.  A            716          

registrant shall not charge or receive a prepayment penalty under  717          

division (G)(2) of this section if any of the following applies:   718          

      (a)  The loan is a refinancing by the same registrant or a   720          

registrant to whom the loan has been assigned;                     721          

      (b)  The loan is paid in full as a result of the sale of     723          

the real estate that secures the loan;                             725          

      (c)  The loan is paid in full with the proceeds of an        727          

insurance claim against an insurance policy that insures the life  729          

of the borrower or an insurance policy that covers loss, damage,   731          

or destruction of the real estate that secures the loan.           732          

      (3)  Division (G) of this section is not a limitation on     735          

discount points or other charges for purposes of section           736          

501(b)(4) of the "Depository Institutions Deregulation and         737          

Monetary Control Act of 1980," 94 Stat. 161, 12 U.S.C.A. 1735f-7   738          

note.                                                                           

      (H)(1)  In addition to the interest and charges provided     740          

for by this section, no further or other amount, whether in the    741          

                                                          18     


                                                                 
form of broker fees, placement fees, or any other fees             742          

whatsoever, shall be charged or received by the registrant,        743          

except costs and disbursements to which the registrant may become  744          

entitled by law in connection with any suit to collect a loan or   745          

any lawful activity to realize on a security interest or mortgage  746          

after default, INCLUDING REASONABLE ATTORNEY FEES INCURRED BY THE  748          

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

following additional charges which may be included in the          750          

principal amount of the loan or collected at any time after the    751          

loan is made:                                                                   

      (a)  The amounts of fees authorized by law to record, file,  753          

or release security interests and mortgages on a loan;             754          

      (b)  With respect to a loan secured by an interest in real   756          

estate, the following closing costs, if they are bona fide,        757          

reasonable in amount, and not for the purpose of circumvention or  758          

evasion of this section:                                           759          

      (i)  Fees or premiums for title examination, abstract of     761          

title, title insurance, surveys, or similar purposes TITLE         763          

ENDORSEMENTS, TITLE BINDERS, TITLE COMMITMENTS, HOME INSPECTIONS,               

OR PEST INSPECTIONS; SETTLEMENT OR CLOSING COSTS; COURIER FEES;    765          

AND ANY FEDERALLY MANDATED FLOOD PLAIN CERTIFICATION FEE;          766          

      (ii)  If not paid to the registrant, an employee of the      768          

registrant, or a person related to the registrant, fees for        769          

preparation of a mortgage, settlement statement, or other          770          

documents, fees for notarizing mortgages and other documents, and  771          

appraisal fees, AND FEES FOR ANY FEDERALLY MANDATED INSPECTION OF  772          

HOME IMPROVEMENT WORK FINANCED BY A SECOND MORTGAGE LOAN;          773          

      (c)  Fees for credit investigations not exceeding ten        775          

dollars.                                                                        

      (2)  Division (H)(1) of this section does not limit the      777          

rights of registrants to engage in other transactions with         778          

borrowers, provided the transactions are not a condition of the    779          

loan.                                                              780          

      (I)  If the loan contract or security instrument contains    782          

                                                          19     


                                                                 
covenants by the borrower to perform certain duties pertaining to  783          

insuring or preserving security and the registrant pursuant to     784          

the loan contract or security instrument pays for performance of   785          

the duties on behalf of the borrower, the registrant may add the   786          

amounts paid to the unpaid principal balance of the loan or        787          

collect them separately.  A charge for interest may be made for    788          

sums advanced not exceeding the rate of interest permitted by      789          

division (A) of this section.  Within a reasonable time after      790          

advancing a sum, the registrant shall notify the borrower in       791          

writing of the amount advanced, any interest charged with respect  792          

to the amount advanced, any revised payment schedule, and shall    793          

include a brief description of the reason for the advance.         794          

      (J)(1)  In addition to points authorized under division (G)  797          

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

FOLLOWING:                                                         798          

      (a)  WITH RESPECT TO SECURED loans in:  IF the principal     801          

amount of THE LOAN IS less than five hundred dollars, loan         803          

origination charges not exceeding fifteen dollars; on loans in IF  805          

the principal amount of THE LOAN IS at least five hundred dollars  806          

but less than one thousand dollars, loan origination charges not   808          

exceeding thirty dollars; on loans in IF the principal amount of   810          

THE LOAN IS at least one thousand dollars but less than two        811          

thousand dollars, loan origination charges not exceeding           812          

sixty-five ONE HUNDRED dollars; and on loans in IF the principal   814          

amount of THE LOAN IS at least two thousand dollars BUT LESS THAN  815          

FIVE THOUSAND DOLLARS, loan origination charges not exceeding the  816          

greater of one TWO hundred fifty dollars or one per cent of; AND   817          

IF the principal amount of the loan IS AT LEAST FIVE THOUSAND      818          

DOLLARS, LOAN ORIGINATION CHARGES NOT EXCEEDING THE GREATER OF     819          

TWO HUNDRED FIFTY DOLLARS OR ONE PER CENT OF THE PRINCIPAL AMOUNT  820          

OF THE LOAN.  However, on                                          821          

      (b)  WITH RESPECT TO unsecured loans in:  IF the principal   824          

amount of THE LOAN IS LESS THAN FIVE HUNDRED DOLLARS, LOAN         825          

ORIGINATION CHARGES NOT EXCEEDING FIFTEEN DOLLARS; IF THE          826          

                                                          20     


                                                                 
PRINCIPAL AMOUNT OF THE LOAN IS AT LEAST FIVE HUNDRED DOLLARS BUT  827          

LESS THAN ONE THOUSAND DOLLARS, LOAN ORIGINATION CHARGES NOT       828          

EXCEEDING THIRTY DOLLARS; IF THE PRINCIPAL AMOUNT OF THE LOAN IS   829          

AT LEAST ONE THOUSAND DOLLARS BUT less than five thousand          832          

dollars, the loan origination charge shall CHARGES not exceed      834          

EXCEEDING one hundred dollars; AND IF THE PRINCIPAL AMOUNT OF THE  835          

LOAN IS AT LEAST FIVE THOUSAND DOLLARS, LOAN ORIGINATION CHARGES   836          

NOT EXCEEDING TWO HUNDRED FIFTY DOLLARS.  A                                     

      (2)  IF A REFINANCING OCCURS WITHIN NINETY DAYS AFTER THE    838          

DATE OF THE REFINANCED LOAN, A registrant may not impose loan      840          

origination charges on a borrower more frequently than once in     841          

any ninety-day period THE PORTION OF THE PRINCIPAL AMOUNT THAT IS  842          

APPLIED TO THE UNPAID PRINCIPAL AMOUNT OF THE REFINANCED LOAN.     843          

Loan                                                                            

      (3)  LOAN origination charges may be paid by the borrower    845          

at the time of the loan or may be included in the principal        846          

amount of the loan.                                                847          

      (K)  A registrant may charge and receive check collection    849          

charges not greater than twenty dollars plus any amount passed on  851          

from other financial institutions for each check, negotiable       852          

order of withdrawal, share draft, or other negotiable instrument   853          

returned or dishonored for any reason.                             854          

      (L)  If the loan contract so provides, a registrant may      856          

collect a default charge on any installment not paid in full       857          

within ten days after its due date.  For this purpose, all         858          

installments are considered paid in the order in which they        859          

become due.  Any amounts applied to an outstanding loan balance    860          

as a result of voluntary release of a security interest, sale of   861          

security on the loan, or cancellation of insurance shall be        862          

considered payments on the loan, unless the parties otherwise      863          

agree in writing at the time the amounts are applied.  The amount  864          

of the default charge shall not exceed the greater of five per     865          

cent of the scheduled installment or fifteen dollars.              866          

      Sec. 1321.58.  (A)  A registrant may make open-end loans     875          

                                                          21     


                                                                 
pursuant to an agreement between the registrant and the borrower   876          

whereby:                                                           877          

      (1)  The registrant may permit the borrower to obtain        879          

advances of money from the registrant from time to time or the     880          

registrant may advance money on behalf of the borrower from time   881          

to time as directed by the borrower.                               882          

      (2)  The amount of each advance and permitted interest,      884          

charges, and costs are debited to the borrower's account and       885          

payments and other credits are credited to the same account.       886          

      (3)  The interest and charges are computed on the unpaid     888          

balance or balances of the account from time to time.              889          

      (4)  The borrower has the privilege of paying the account    891          

in full at any time or, if the account is not in default, in       892          

installments of determinable amounts as provided in the            893          

agreement.                                                         894          

      For open-end loans, "billing cycle" means the time interval  896          

between periodic billing dates.  A billing cycle shall be          897          

considered monthly if the closing date of the cycle is the same    898          

date each month or does not vary by more than four days from such  899          

date.                                                              900          

      (B)  Notwithstanding any other provisions of the Revised     902          

Code, a registrant may contract for and receive interest for       903          

open-end loans at a rate or rates not exceeding twenty-one per     904          

cent per year and may compute interest in each billing cycle by    905          

either of the following methods:                                   906          

      (1)  By multiplying the daily rate by the daily unpaid       908          

balance of the account, in which case the daily rate is            909          

determined by dividing the annual rate by three hundred            910          

sixty-five;                                                        911          

      (2)  By multiplying the monthly rate by the average daily    913          

unpaid balance of the account in the billing cycle, in which case  914          

the average daily unpaid balance is the sum of all of the daily    915          

unpaid balances each day during the cycle divided by the number    916          

of days in the cycle.  The monthly rate is determined by dividing  917          

                                                          22     


                                                                 
the annual rate by twelve.                                         918          

      The billing cycle shall be monthly and the unpaid balance    920          

on any day shall be determined by adding to any balance unpaid as  921          

of the beginning of that day all advances and permitted interest,  922          

charges, and costs and deducting all payments and other credits    923          

made or received that day.                                         924          

      (C)  In addition to the interest permitted in division (B)   926          

of this section, a registrant may charge and receive or add to     927          

the unpaid balance any or all of the following:                    928          

      (1)  All charges and costs authorized by divisions (E),      930          

(F), (G), (H), (I), and (K) of section 1321.57 of the Revised      931          

Code;                                                              932          

      (2)  An annual credit line charge, for the privilege of      934          

maintaining a line of credit, for AS FOLLOWS:                      935          

      (a)  FOR the first year:                                     937          

      (i)  IF THE ORIGINAL CREDIT LINE IS LESS THAN FIVE THOUSAND  939          

DOLLARS, AN AMOUNT NOT EXCEEDING ONE HUNDRED FIFTY DOLLARS;        940          

      (ii)  IF THE ORIGINAL CREDIT LINE IS AT LEAST FIVE THOUSAND  942          

DOLLARS, AN AMOUNT not exceeding the greater of one per cent of    944          

the original credit line or one TWO hundred fifty dollars, and     946          

for.                                                                            

      (b)  FOR subsequent years AN AMOUNT not exceeding the        948          

greater of one-half per cent of the credit line on the             949          

anniversary date or fifty dollars;.                                950          

      (3)  A default charge on any required minimum payment not    953          

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

purpose, all required minimum payments are considered paid in the  955          

order in which they become due.  The amount of the default charge  956          

shall not exceed the greater of five per cent of the required      957          

minimum payment or fifteen dollars.                                             

      (D)  The borrower at any time may pay all or any part of     959          

the unpaid balance on the account or, if the account is not in     960          

default, the borrower may pay the unpaid balance in installments   961          

subject to minimum payment requirements as determined by the       962          

                                                          23     


                                                                 
registrant and set forth in the open-end loan agreement.           963          

      (E)  If credit life insurance or credit accident and health  965          

insurance is obtained by the registrant and if the insured dies    966          

or becomes disabled when there is an outstanding open-end loan     967          

indebtedness, the insurance shall be sufficient to pay the unpaid  968          

balance on the loan due on the date of the borrower's death in     969          

the case of credit life insurance or all minimum payments that     970          

become due on the loan during the covered period of disability in  971          

the case of credit accident and health insurance.  The additional  972          

charge for credit life insurance, credit accident and health       973          

insurance, or unemployment insurance shall be calculated each      974          

billing cycle by applying the current monthly premium rate for     975          

the insurance, filed by the insurer with the superintendent of     976          

insurance and not disapproved by the superintendent, to the        977          

unpaid balances in the borrower's account, using one of the        979          

methods specified in division (B) of this section for the          980          

calculation of interest.  No credit life insurance, credit         981          

accident and health insurance, or unemployment insurance written   982          

in connection with an open-end loan shall be canceled by the       983          

registrant because of delinquency of the borrower in making the    984          

required minimum payments on the loan unless one or more such      985          

payments is past due for a period of thirty days or more.  The     986          

registrant shall advance to the insurer the amounts required to    987          

keep the insurance in force during such period, which amounts may  988          

be debited to the borrower's account.                                           

      (F)  Whenever there is no unpaid balance in an open-end      990          

loan account, the account may be terminated by written notice, by  991          

the borrower or the registrant, to the other party.  If a          992          

registrant has taken a mortgage on real property to secure the     993          

open-end loan, the registrant shall deliver, within thirty days    994          

following termination of the account, a release of the mortgage    995          

to the borrower.  If a registrant has taken a security interest    996          

in personal property to secure the open-end loan, the registrant   997          

shall release the security interest and terminate any financing    998          

                                                          24     


                                                                 
statement in accordance with section 1309.41 of the Revised Code.  999          

      Sec. 1321.99.  (A)  Whoever violates section 1321.02 of the  1,008        

Revised Code shall be fined not less than one hundred nor more     1,009        

than five hundred dollars for a first offense; for each            1,010        

subsequent offense such person shall be fined not less than two    1,011        

hundred nor more than one thousand dollars or imprisoned not more  1,012        

than six months, or both IS GUILTY OF A FELONY OF THE FIFTH        1,013        

DEGREE.                                                                         

      (B)  Whoever violates section 1321.13 of the Revised Code    1,015        

shall be fined not less than one hundred nor more than five        1,016        

hundred dollars or imprisoned not more than six months, or both.   1,017        

      (C)  Whoever violates section 1321.14 of the Revised Code    1,019        

shall be fined not less than fifty nor more than two hundred       1,020        

dollars for a first offense; for a second offense such person      1,021        

shall be fined not less than two hundred nor more than five        1,022        

hundred dollars and imprisoned for not more than six months.       1,023        

      (D)  Whoever willfully violates section 1321.57, 1321.58,    1,025        

1321.59, or 1321.60 of the Revised Code shall be fined not less    1,026        

than one nor more than five hundred dollars.                       1,027        

      (E)  Whoever violates section 1321.52 of the Revised Code    1,029        

is guilty of a felony of the fifth degree.                         1,030        

      (F)  Whoever violates division (A) of section 1321.73 of     1,032        

the Revised Code shall be fined not more than five hundred         1,033        

dollars or imprisoned not more than six months, or both.           1,034        

      Section 2.  That existing sections 1321.20, 1321.51,         1,036        

1321.52, 1321.53, 1321.54, 1321.55, 1321.57, 1321.58, and 1321.99  1,037        

of the Revised Code are hereby repealed.                           1,038