Effective: October 29, 2018
Latest Legislation: House Bill 123 - 132nd General Assembly
A licensee may engage in the business of making loans provided that each loan meets all of the following conditions:
(A) The total amount of the loan does not exceed one thousand dollars.
(B)(1) Subject to division (B)(2) of this section, the minimum duration of the loanis ninety-one days and the maximum duration of the loan is one year.
(2) The minimum duration of the loan may be less than ninety-one days if the total monthly payment on the loan does not exceed an amount that is six per cent of the borrower's verified gross monthly income or seven per cent of the borrower's verified net monthly income, whichever is greater.
(C) The loan is made pursuant to a written loan contract that sets forth the terms and conditions of the loan. A copy of the loan contract shall be provided to the borrower. The loan contract shall disclose in a clear and concise manner all of the following:
(1) The total amount of fees and charges the borrower will be required to pay in connection with the loan pursuant to the loan contract;
(2) The total amount of each payment, when each payment is due, and the total number of payments that the borrower will be required to make under the loan contract;
(3) A statement, printed in boldface type of the minimum size of ten points, as follows: "WARNING: The cost of this loan is higher than the average cost charged by financial institutions, such as banks or credit unions, on substantially similar loans. A financial institution may be able to offer you a similar loan at a lower cost."
(4) A statement, printed in a minimum font size of ten points, which informs the borrower that complaints regarding the loan or lender may be submitted to the department of commerce division of financial institutions and includes the correct telephone number and mailing address for the department;
(5) Any disclosures required under the "Truth in Lending Act," 82 Stat. 146 (1974), 15 U.S.C. 1601, et seq.;
(6) The annual percentage rate;
(7) A statement, printed in a minimum font size of ten points, as follows: "You have the right to rescind or cancel this loan by returning the originally contracted loan amount by five p.m. of the third business day immediately following the day you enter into this contract."
(8) A statement, printed in a minimum font size of ten points, as follows: "Electronic payment is optional. You have the right to revoke or remove your authorization for electronic payment at any time."
(D) The loan is a precomputed loan and is payable in substantially equal installments consisting of principal, fees, and interest combined. For purposes of this division, "precomputed loan" means a loan in which the debt is a sum comprising the principal amount and the amount of fees and interest computed in advance on the assumption that all scheduled payments will be made when due.
(E) The loan may be rescinded or canceled on or before five p.m. of the third business day immediately following the day of the loan transaction upon the borrower returning the originally contracted loan amount.
Structure Ohio Revised Code
Title 13 | Commercial Transactions
Section 1321.01 | Small Loan Law Definitions; Division of Financial Institutions Responsibility.
Section 1321.02 | Small Loan License Requirement; Exceptions.
Section 1321.03 | Application for Small Loan License; Fee.
Section 1321.04 | Small Loan License Application Approval.
Section 1321.05 | Contents of Small Loan License; Annual Fee and Assessment; Assets.
Section 1321.06 | Additional Small Loan Licenses; Change of Place of Business.
Section 1321.07 | Examination of Small Loan Licensee's Records; Division Powers.
Section 1321.08 | Suspension or Revocation of Small Loan License.
Section 1321.09 | Small Loan Licensee Recordkeeping; Annual Report.
Section 1321.11 | Prohibited Statements and Representations.
Section 1321.12 | Small Loan Licensee - Prohibited Acts.
Section 1321.131 | Small Loan Alternative Interest Rate.
Section 1321.14 | Duties of Small Loan Licensee; Prohibited Acts.
Section 1321.141 | Small Loan Requirements and Restrictions.
Section 1321.16 | Open-End Loans by Small Loan Licensee.
Section 1321.17 | Out-of-State Small Loans.
Section 1321.18 | Civil Action to Reverse, Rescind, or Modify Division Order.
Section 1321.21 | Consumer Finance Fund.
Section 1321.31 | Assignment of Personal Earnings - Requirements, Limitations, Priority.
Section 1321.32 | Assignment of Wages Invalid - Exception.
Section 1321.35 | Short-Term Loan Law Definitions.
Section 1321.37 | Application for Short-Term Loan License; Fee; Approval Procedure; Assets; Bond.
Section 1321.39 | Short-Term Loan Requirements and Restrictions.
Section 1321.391 | Short-Term Loans of Longer Than 90 Days.
Section 1321.40 | Maximum Interest Rate; Permissible Short-Term Loan Fees.
Section 1321.401 | Refinancing Short-Term Loans.
Section 1321.402 | Prepayment or Refinancing Prior to Short-Term Loan Maturity Date.
Section 1321.403 | Short-Term Loan Fee Cap; Exceptions.
Section 1321.41 | Short-Term Loan Licensee Prohibitions.
Section 1321.411 | Short-Term Loan Collection Limitations.
Section 1321.42 | Enforcement Actions Relating to Short-Term Loan License.
Section 1321.421 | Examination of Short-Term Loan Licensee's Records.
Section 1321.422 | Short-Term Loan Licensee Recordkeeping; Annual Reports.
Section 1321.43 | Short-Term Loan Law Rules and Orders.
Section 1321.45 | Prohibited Short-Term Loan Debt Collection Practices.
Section 1321.46 | Verification of Borrower's Income Before Making Short-Term Loan.
Section 1321.47 | Duties of Short-Term Loan Licensees; Civil Action by Borrower.
Section 1321.48 | Reports by Superintendent; Confidentiality of Information.
Section 1321.51 | General Loan Law Definitions.
Section 1321.541 | Actions by Attorney General, County Prosecutor to Enforce General Loan Law.
Section 1321.55 | General Loan Registrant Recordkeeping; Annual Report; Confidentiality.
Section 1321.551 | Evading General Loan Law Requirements.
Section 1321.56 | Forfeiting General Loan Interest for Interest Rate Violation.
Section 1321.571 | General Loan Alternative Interest Rate.
Section 1321.58 | Open-End Loans by General Loan Registrant.
Section 1321.59 | General Loan Law Registrant - Prohibited Acts.
Section 1321.591 | Compliance With Fair Debt Collection Practices Act.
Section 1321.592 | Prohibited General Loans by Registrants.
Section 1321.60 | Advertising for General Loans.
Section 1321.62 | Consumer Installment Loan Act Definitions.
Section 1321.63 | Activities for Which Consumer Installment Loan License Is Required.
Section 1321.631 | Applicability of Consumer Installment Loan Act.
Section 1321.632 | Consumer Installment Loan Licensee Authority; Prohibited Activities.
Section 1321.64 | Application for Consumer Installment Loan License; Approval Procedure.
Section 1321.641 | Renewal of Consumer Installment Loan License.
Section 1321.642 | Effect of Change in Ownership of a Consumer Installment Loan Licensee; Notice.
Section 1321.644 | Persons Selling Tangible Goods or Services.
Section 1321.65 | Asset Requirements of Consumer Installment Loan Licensee.
Section 1321.651 | Advertising for Consumer Installment Loans.
Section 1321.66 | Consumer Installment Loan Licensee Recordkeeping; Examination of Records.
Section 1321.661 | Consumer Installment Loan Licensee Call Reports.
Section 1321.662 | Confidential Information.
Section 1321.663 | Consumer Installment Loan Act Investigations - Prohibited Acts.
Section 1321.664 | Compliance With Federal Laws and Regulations.
Section 1321.666 | Authority of Superintendent to Enforce Consumer Installment Loan Act.
Section 1321.67 | Closing of Consumer Installment Loans; Duties of Licensee.
Section 1321.671 | Repayment of Consumer Installment Loan.
Section 1321.672 | Insurance Obtained on Behalf of Consumer Installment Loan Borrower.
Section 1321.673 | Evading Consumer Installment Loan Requirements.
Section 1321.674 | Forfeiting Consumer Installment Loan Interest for Interest Rate Violation.
Section 1321.681 | Open-End Consumer Installment Loans.
Section 1321.69 | Consumer Installment Loan Licensee Prohibitions.
Section 1321.691 | Employee Remote Work.
Section 1321.70 | Enforcement Actions for Consumer Installment Loan Act Violations.
Section 1321.702 | Rules Relating to the Consumer Installment Loan Act.
Section 1321.71 | Insurance Premium Finance Company Law Definitions.
Section 1321.72 | Application of Insurance Premium Finance Company Law.
Section 1321.73 | Insurance Premium Finance Company License Requirement; Annual Fee; Assets.
Section 1321.75 | Enforcement Actions Regarding Insurance Premium Finance Company License.
Section 1321.76 | Insurance Premium Finance Company Licensee Recordkeeping; Division Powers.
Section 1321.77 | Insurance Premium Finance Company Rules.
Section 1321.78 | Premium Finance Agreement; Notice to Insurer.
Section 1321.79 | Insurance Premium Finance Company Finance Charge Limits.
Section 1321.791 | Insurance Premium Finance Company Alternative Finance Charges.
Section 1321.80 | Delinquency, Cancellation, and Check Collection Charges.
Section 1321.81 | Cancellation of Insurance Contract Listed in Premium Finance Agreement.
Section 1321.84 | Effect of Child Support Default on License, Certificate, or Permit.