LD 788
pg. 5
Page 4 of 9 An Act To Establish Consumer Protections and Regulations for Deferred Deposit L... Page 6 of 9
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LR 1491
Item 1

 
§6192.__Requirements and disclosures for deferred deposit loan

 
agreements

 
A lender shall comply with the following requirements of this
section.

 
1.__Written loan agreement.__Each deferred deposit loan must
be evidenced by a written loan agreement that is signed and dated
by the consumer and an authorized representative of the lender on
the same day the loan is made and disbursed.__The written
agreement must contain the name of the consumer, the transaction
date and the amount of the instrument.__The agreement must also
establish a date not less than 7 days or more than 40 days after
the loan transaction date when the instrument may be deposited or
negotiated by the lender.__The lender shall give a duplicate of
the original loan agreement to the consumer at the time of the
transaction.

 
2.__Required disclosures.__The loan agreement must also
disclose the following to the consumer:

 
A.__The principal amount of the loan;

 
B.__Any fees charged;

 
C.__The annual percentage rate determined in accordance with
Federal Reserve Board Regulation Z;

 
D.__Evidence of receipt from the consumer of a check dated
the same date as the loan to be used as security for the
loan or evidence of authorization to withdraw or transfer
funds from the consumer's account for the benefit of the
lender;

 
E.__An agreement by the lender not to present the check for
payment or deposit until a specified maturity date; and

 
F.__A description of the consumer's right to cancel the loan
transaction at any time before the close of business on the
next business day following the transaction by repaying to
the lender the amount advanced to the consumer.

 
§6193.__Authorized charges to consumers

 
A lender may charge the following fees or charges to a
consumer in conjunction with making or arranging a deferred
deposit loan.

 
1.__Administrative fee.__A lender may charge as a fee for each
loan an amount that does not exceed 7.5% of the total amount of
loan proceeds advanced to the consumer.


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