(1) On filing such application, bond, and payment of the required fees, the Administrator of Consumer Credit shall investigate the facts and if the Administrator shall find the financial responsibility, experience, character and general fitness of the applicant are such as to command the confidence of the public and to warrant belief the business will be operated lawfully and fairly, within the purposes of this title, and the applicant has available for the operation of such business net assets of at least Twenty-five Thousand Dollars ($25,000.00), the Administrator shall grant such application and issue to the applicant a license which shall be the applicant's license and authority to make supervised loans under the provisions of this title.
(2) If the Administrator shall not so find, the Administrator shall notify the applicant, who shall, on request within thirty (30) days be entitled to a hearing on such application within sixty (60) days after the date of the request. The investigation fee shall be retained by the Administrator, but the annual fee shall be returned to the applicant in the event of denial.
(3) Each application for a license shall be granted or denied within ninety (90) days from its filing with the required fees, or, from the hearing thereon, if any, unless the period is extended by written agreement between the applicant and the Administrator or the independent hearing examiner.
(4) Each license shall state the address of the office from which the business is to be conducted and the name of the licensee. The license shall be displayed at the place of business named in the license. The license shall not be transferable or assignable except upon approval by the Administrator.
(5) Each license shall remain in full force and effect until relinquished, suspended, revoked or expired. Every licensee shall, on or before each December 1, pay to the Administrator a fee for each license held by the licensee, as the annual fee for the succeeding calendar year. The license shall expire December 31 of any year for which an annual fee has not been paid. There shall be a late fee for a late application for renewal of a license received after December 1. The fee for a duplicate or amended license shall be prescribed by rule of the Commission on Consumer Credit.
(6) Every licensee shall maintain net assets of at least Twenty-five Thousand Dollars ($25,000.00), either used or readily available for use, in the conduct of the business of each licensed office.
(7) A separate license shall be required for each office operated under this title. The Administrator may issue more than one license to any one person upon compliance with this part as to each license. Nothing contained herein, however, shall be construed to require a license for any place of business devoted to accounting or other record keeping and where supervised loans are not made.
(8) When a licensee wishes to move an office to another location, the licensee shall give thirty (30) days' written notice to the Administrator, who shall amend the license accordingly.
(9) For purposes of this section, the term "office" shall mean a location occupied by a licensee with the following characteristics:
(10) Any person holding a license under this title who shall violate any provision hereof shall be subject to forfeiture of each license held by the licensee and if a corporation, its charter shall be subject to forfeiture, and it shall be the duty of the Attorney General, when any such violation is called to the Attorney General's attention, to file suit for such forfeiture of charter and cancellation of the license in a district court in Oklahoma County.
Added by Laws 1969, c. 352, § 3-504, eff. July 1, 1969. Amended by Laws 1987, c. 208, § 41, operative July 1, 1987; Laws 1987, c. 236, § 67, emerg. eff. July 20, 1987; Laws 1997, c. 288, § 5; Laws 2000, c. 217, § 16, eff. July 1, 2000; Laws 2010, c. 415, § 2, eff. July 1, 2010; Laws 2015, c. 152, § 1, eff. Nov. 1, 2015.
Structure Oklahoma Statutes
Title 14A. Consumer Credit Code
§14A-1-102. Purposes - Rules of construction.
§14A-1-103. Supplementary general principles of law applicable.
§14A-1-104. Construction against implicit repeal.
§14A-1-106. Change in dollar amount used in certain sections.
§14A-1-107. Waiver - Agreement to forego rights - Settlement of claims.
§14A-1-108. Effect of act on powers of organizations.
§14A-1-109. Discrimination in extension of credit on basis of sex or marital status prohibited.
§14A-1-110. Use of cash discounts.
§14A-1-111. Location of amendments.
§14A-1-201. Territorial application.
§14A-1-201A. Extraterritorial application.
§14A-1-301. General definitions.
§14A-1-302. Definition: "Federal Consumer Credit Protection Act".
§14A-1-303. Index of definitions in act.
§14A-2-103. Definitions in article.
§14A-2-104. Definition: "Consumer credit sale".
§14A-2-106. Definition: "Consumer lease".
§14A-2-107. Definition: "Seller".
§14A-2-108. Definition: "Revolving charge account".
§14A-2-109. Definition: "Credit service charge".
§14A-2-110. Definition: "Cash price".
§14A-2-111. Definition: "Amount financed".
§14A-2-112. Sale of motor vehicles - Taking security in other vehicles.
§14A-2-201. Credit service charge for consumer credit sales other than revolving charge accounts.
§14A-2-202. Additional charges.
§14A-2-202.1. Return of dishonored check, negotiable order of withdrawal or share draft - fee.
§14A-2-202.2. Over-the-limit charge.
§14A-2-203. Delinquency charges.
§14A-2-205. Credit service charge on refinancing.
§14A-2-206. Credit service charge on consolidation.
§14A-2-207. Credit service charge for revolving charge accounts.
§14A-2-208. Advances to perform covenants of buyer.
§14A-2-210. Rebate upon prepayment.
§14A-2-211. Discounts inducing payment by cash, check or similar means.
§14A-2-301. Applicability - Information required.
§14A-2-301.1. Federal Consumer Credit Protection Act disclosure.
§14A-2-304. Calculation of rate to be disclosed.
§14A-2-305. Sales made by telephone or mail.
§14A-2-306. Consumer credit sales not pursuant to revolving charge account.
§14A-2-309. Estimates of disclosures.
§14A-2-310. Revolving charge accounts.
§14A-2-310.1. Disclosure in credit and charge card applications and solicitation.
§14A-2-402. Use of multiple agreements.
§14A-2-403. Certain negotiable instruments prohibited.
§14A-2-404. When assignee not subject to defense.
§14A-2-406. Restriction on liability in consumer lease.
§14A-2-407. Security in sales or leases.
§14A-2-409. Debt secured by cross-collateral.
§14A-2-410. No assignment of earnings.
§14A-2-412. Notice of assignment.
§14A-2-414. Limitation on default charges.
§14A-2-415. Authorization to confess judgment prohibited.
§14A-2-416. Change in terms of revolving charge accounts.
§14A-2-417. Surcharge for use of credit or debit card.
§14A-2-501. Definition: "Home solicitation sale".
§14A-2-502. Buyer's right to cancel.
§14A-2-503. Form of agreement or offer - Statement of buyer's rights.
§14A-2-504. Restoration of down payment - Retention of cancellation fee.
§14A-2-505. Duty of buyer - No compensation for services prior to cancellation.
§14A-2-601. Sales subject to act by agreement of parties.
§14A-2-605. Credit service charge for other sales.
§14A-3-103. Definitions in artlcle.
§14A-3-104. Definition: "Consumer Loan".
§14A-3-105. Definition: "Loan primarily secured by an interest in land".
§14A-3-106. Definition: "Loan".
§14A-3-107. Definitions: "Lender"; "Precomputed"; "Principal".
§14A-3-108. Definition: "Revolving loan account".
§14A-3-109. Definition: "Loan finance charge".
§14A-3-201. Loan finance charge for consumer loans other than supervised loans.
§14A-3-202. Additional charges.
§14A-3-202.1. Return of dishonored check, negotiable order of withdrawal or share draft - Fee.
§14A-3-203. Delinquency charges.
§14A-3-203.1. Credit to finance medical goods and services - Contract for delinquency charges.
§14A-3-203.2. Revolving loan credit card accounts - Additional charges.
§14A-3-205. Loan finance charge on refinancing.
§14A-3-206. Loan finance charge on consolidation.
§14A-3-207. Conversion to revolving loan account.
§14A-3-208. Advances to perform covenants of debtor.
§14A-3-210. Revolving charge accounts.
§14A-3-301. Applicability - Information required.
§14A-3-301.1. Federal Consumer Credit Protection Act disclosure.
§14A-3-302.1. Disclosure of fee for dishonored check, negotiable order of withdrawal or share draft.
§14A-3-302.2. Disclosure of over-the-limit fees.
§14A-3-304. Calculation of rate to be disclosed.
§14A-3-305. Loans made by telephone or mail.
§14A-3-306. Consumer loans not pursuant to revolving loan account.
§14A-3-309. Revolving loan accounts.
§14A-3-309.1. Disclosure in credit and charge card applications and solicitation.
§14A-3-309.4. Additional disclosures for subsection 10 mortgages.
§14A-3-309.5. Additional disclosures for reverse mortgages.
§14A-3-310. Estimates of disclosures.
§14A-3-313. Notification to borrower of transfer of residential mortgage loan.
§14A-3-403. No assignment of earnings.
§14A-3-405. Limitation on default charges.
§14A-3-406. Notice of assignment.
§14A-3-407. Authorization to confess judgment prohibited.
§14A-3-408. Change in terms of revolving loan accounts.
§14A-3-409. Use of multiple agreements.
§14A-3-410. Subsection 10 mortgages – Limitations and restrictions - Preemption.
§14A-3-411. Refinancing loan to subsection 10 mortgage – Borrower’s interest.
§14A-3-501. Definitions: "Supervised loan"; "Supervised lender".
§14A-3-502. Authority to make supervised loans - Administrative actions against unlicensed persons.
§14A-3-504. Issuance or denial of license to make supervised loans.
§14A-3-505. Hearing examiner - Powers - Reinstatement - Certain disclosures required of licensee.
§14A-3-506. Examination of licensees - Access to records - Investigations.
§14A-3-507. Application of Administrative Procedure Act to Part.
§14A-3-508A. Loan finance charge for supervised loans.
§14A-3-508B. Loan finance charge for loans with principal of Three Thousand Dollars or less.
§14A-3-508C. Electronic payment processing convenience fee.
§14A-3-509. Use of multiple agreements or split loans.
§14A-3-510. Restrictions on interest in land as security.
§14A-3-511. Regular schedule of payments - Maximum loan term.
§14A-3-512. Conduct of business other than making loans.
§14A-3-513. Application of other provisions.
§14A-3-515. Restrictions on interest in motor vehicles as security.
§14A-3-601. Loans subject to act by agreement of parties.
§14A-3-605. Loan finance charge for other loans.
§14A-3-701. Short title – Oklahoma Private Student Loan Transparency and Improvement Act.
§14A-3-703. Prohibition on gifts – Revenue sharing.
§14A-3-704. Restrictions on private educational lenders.
§14A-3-705. Private educational loan application disclosures – Cancellation period.
§14A-3-802. Nonapplicability of act.
§14A-3-803. Agreement required.
§14A-3-805. Form of agreement - Requirement of existing legal claim.
§14A-3-806. Right of rescission.
§14A-3-809. License required - Application.
§14A-3-810. Bond - Letter of credit.
§14A-3-811. Issuance of license.
§14A-3-813. Renewal of license.
§14A-3-814. Prohibited activities or conduct.
§14A-3-817. Application of act.
§14A-4-102. Scope - Applicability to parties.
§14A-4-103. Definition: "Consumer credit insurance".
§14A-4-104. Creditor's provision of and charge for insurance - Excess amount of charge.
§14A-4-105. Conditions applying to insurance to be provided by creditor.
§14A-4-106. Unconscionability.
§14A-4-107. Maximum charge by creditor for insurance.
§14A-4-108. Refund or credit required - Amount.
§14A-4-109. Existing insurance - Choice of insurer.
§14A-4-111. Cooperation between Administrator and Insurance Department.
§14A-4-112. Administrative action of Insurance Department.
§14A-4-201. Term of insurance.
§14A-4-202. Amount of insurance.
§14A-4-203. Filing and approval of rates and forms.
§14A-4-301. Property insurance.
§14A-4-302. Insurance on creditor's interest only.
§14A-4-303. Liability insurance.
§14A-4-304. Cancellation by creditor.
§14A-5-103. Restrictions on deficiency judgments in consumer credit sales.
§14A-5-104. No garnishment before judgment.
§14A-5-105. Limitation on garnishment.
§14A-5-106. No discharge from employment for garnishment.
§14A-5-107. Extortionate extensions of credit.
§14A-5-108. Unconscionability.
§14A-5-201. Consumer credit sales and consumer loans.
§14A-5-202. Effect of violations on rights of parties.
§14A-5-203. Civil liability for violation of disclosure provisions.
§14A-5-204. Right to rescind certain transactions.
§14A-5-205. Refunds and penalties as set-off to obligation.
§14A-5-301. Willful violations.
§14A-5-302. Disclosure violations.
§14A-6-104. Powers and duties of Administrator.
§14A-6-105. Administrative enforcement powers with respect to supervised financial institutions.
§14A-6-106. Investigatory powers.
§14A-6-107. Application of Administrative Procedure Act.
§14A-6-108. Administrative enforcement orders - Review.
§14A-6-109. Assurance of discontinuance.
§14A-6-110. Injunctions against violations of act.
§14A-6-111. Injunctions against unconscionable agreements and fraudulent or unconscionable conduct.
§14A-6-113. Civil actions by Administrator.
§14A-6-115. Debtors' remedies not affected.
§14A-6-116. Report on conclusion of examination – Preservation of examinations and reports.
§14A-6-117. Designation as public records – Other records confidential.
§14A-6-117.1. Availability of data to agencies with direct supervisory authority.
§14A-6-301. Consumer Credit Administrative Expenses Revolving Fund.
§14A-6-302. Commission on Consumer Credit - Prescription of fees.
§14A-6-303. Deposit of fees in Consumer Credit Administrative Expenses Revolving Fund.
§14A-6-502. Members of Commission.
§14A-6-503. Appointment of Commission members - Terms of office - Bipartisan composition.
§14A-6-504. Chairman - Meetings - Quorum - Minutes - Reports - Records - Rules and regulations.
§14A-6-506. Qualifications and remuneration of administrator.
§14A-6-507. Deputy Administrator.
§14A-6-509. Internal organization.
§14A-6-510. Employees - Duties - Compensation.
§14A-9-101. Time of taking effect - Provisions for transition.