Oklahoma § 59-3102 - Definitions

§ 59-3102. Definitions

As used in the Deferred Deposit Lending Act:

Oklahoma Statutes - Title 59. Professions and Occupations

1. “Administrative Procedures Act” means the general act of

this state governing administrative procedures and is cited in

Section 250 et seq. of Title 75 of the Oklahoma Statutes;

2. “Administrator” means the Administrator as defined in the

Uniform Consumer Credit Code;

3. “Business instrument” means a draft, check or evidence of

the proceeds paid to a debtor in a deferred deposit loan transaction

by a deferred deposit lender;

4. “Consecutive loan” means a new deferred deposit loan that

any lender enters into with a debtor no later than seven (7) days

after the date on which a previous deferred deposit loan made to the

same debtor is paid in full;

5. “Debtor” means the signer of an instrument which is

initially payable to a deferred deposit lender;

6. “Deferred deposit lender” or “lender” means any person

licensed under this act to make deferred deposit loans, including an

assignee of the lender’s right to payment, but use of the term does

not itself impose on an assignee any obligation of the lender with

respect to events occurring before the assignment;

7. “Deferred deposit loan” means a transaction whereby a lender

makes a cash advance to a debtor not as part of a revolving loan

account as defined in Section 3-108 of Title 14A of the Oklahoma

Statutes and, for a finance charge or other consideration, does the

following:

a.

accepts a dated instrument from the debtor,

b.

agrees to hold the instrument for a period of time

prior to negotiation, deposit or presentation of the

instrument for payment, and

c.

advances to the debtor, credits to the debtor’s

account, or pays to another person on the debtor’s

behalf, the amount of the instrument, less the finance

charge permitted by this act;

8. “Finance charge” means the finance charge as defined in

Regulation Z;

9. “Instrument” means a personal check, negotiable order of

withdrawal, or authorization to transfer or withdraw funds from a

deposit account of the debtor signed by the debtor and made payable

to a deferred deposit lender in a deferred deposit loan subject to

this act;

10. “Licensed location” means the place of business where a

lender is allowed to make deferred deposit loans under a license

issued pursuant to this act;

11. “Licensee” means a person licensed to make deferred deposit

loans pursuant to this act;

12. “Loan amount” means the principal which the debtor actually

receives after signing an instrument payable initially to a deferred

deposit lender;

Oklahoma Statutes - Title 59. Professions and Occupations

13. “Person” includes a natural person, an individual,

organization, partnership, corporation, joint venture, trust,

association or any other legal entity, however organized;

14. “Principal of a deferred deposit loan” means the total of

the net amount paid to, receivable by or paid or payable for the

account of the debtor;

15. “Regulation Z” means Title 160, Chapter 45 of the Oklahoma

Administrative Code, adopted in conformity with the Consumer Credit

Protection Act, Public Law 90-321, 82 Stat. 146, as amended,

including the amendments to the Federal Consumer Credit Protection

Act in the Truth in Lending Simplification and Reform Act, Public

Law 96-221, 94 Stat. 168-185; and

16. “Renewal” means a transaction in which a debtor pays in

cash the finance charge payable under a deferred deposit loan and

refinances all or part of the unpaid balance of the principal of the

deferred deposit loan with a new deferred deposit loan. A

transaction is also considered a renewal if a debtor pays off an

existing deferred deposit loan with the proceeds of a deferred

deposit loan from another lender.

Added by Laws 2003, c. 240, § 2, eff. Sept. 1, 2003. Amended by

Laws 2004, c. 557, § 1, emerg. eff. June 10, 2004.