A BILL
TO AMEND PART 34-29-140, AS AMENDED, LAWS OF REGULATIONS OF SC, 1976, RELATING TO EXPENSE PERMITTED AND VARIOUS OTHER CONDITIONS ALLOWED IN CONSUMER MONEY TRANSACTIONS, IN ORDER TO EXCLUDE “PAYDAY LOANS”, CALLED DEFERRED PRESENTMENT PURCHASES; TO AMEND PART 34-39-140, CONCERNING APPLICATION OF THE CONDITIONS DEMANDING CERTIFICATION OF INDIVIDUALS ENGAGED IN THE COMPANY OF DEFERRED PRESENTMENT DEALS, TO BE ABLE TO RESULT IN THE ARRANGEMENTS RELEVANT TO YOU TRULY ENGAGED IN THAT COMPANIES WHILST PURPORTING TO ACT AS AN ENTITY THAT WILL NEVER BE EXPECTED DIFFERENT TO GET LICENSED; TO AMEND SECTION 34-39-180, RELATING TO LIMITATIONS AND SPECIFICATIONS FOR DEFERRED PRESENTMENT, TO BE ABLE TO REDUCE WIDE VARIETY WHILE THE LEVEL OF A DEAL FOR EACH AND EVERY CONSUMER AND ALSO TO limit THE ANNUAL RATE OF INTEREST CHARGEABLE IN A DEFERRED PRESENTMENT DEAL TO THIRTY-SIX PERCENT; TO AMEND POINT 34-39-200, ASSOCIATED WITH RESTRICTIONS ON LICENSES, TO BE ABLE TO RESTATE THE LIMITATION OF JUST ONE DEAL WITH A CLIENT EACH TIME; TO AMEND SECTION 37-3-201, REGARDING THE ALLOWABLE FINANCING FINANCING COST FOR CUSTOMERS FINANCING, AND PART 37-3-305, AS AMENDED, REGARDING THE POSTING OF A MAXIMUM RATES TIMETABLE FOR CUSTOMER FINANCIAL LOANS, BOTH TO EXCLUDE THE USEFULNESS TO A DEFERRED PRESENTMENT DEAL.
POINT 1. part 34-29-140 associated with 1976 rule, as final amended by Act 44 of 2001, are more revised adding by the end to read through:
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“(l) This part cannot apply at a ‘payday loan’, also referred to as a deferred presentment exchange, as given in Chapter 39 of subject 34.”
(1) a bona fide bank, cost savings organization, credit union, or farm credit program arranged beneath the guidelines of United States or any condition; and
(2) someone principally engaged in the bona-fide retail purchase of goods or service who, either as an event to or on their own of a merchandising deal or provider and never holding itself over to be a deferred presentment solution, regularly cashes monitors, drafts, or cash purchases without a charge or any other consideration.
(1) one participating in the business enterprise of deferred presentment service pursuant to a sham constitution of, or any other sham commitment with, a bank, economy organization, credit score rating union, or farm credit score rating system prepared in rules associated with US or any county; and
(2) individuals doing the company of deferred presentment service while purporting getting an instantaneous profit discount strategy, private residential property or automobile deal and leaseback businesses, internet access money rebate plan, or any other sham procedure that attempts to evade the terms of the section.“
SECTION 3. part 34-39-180 on the 1976 Code, as added by Act 433 of 1998, was revised by adding by the end to learn:
(3) advance an aggregate level of a lot more than three hundred bucks to virtually any one visitors inside the exact same thirty-one day period.”
“(E) A licensee shall not charge, straight or indirectly, a fee or other consideration over fifteen % of the face amount of the search for acknowledging a check for deferred presentment or deposit. The cost or any other consideration licensed through this subsection might implemented only once for each and every written agreement. Data must be stored by each licensee with adequate information to make sure that the cost or any other consideration licensed from this subsection might implemented only once each composed arrangement.(1) A licensee may recharge an administrative charge of only five money for every single deferred presentment loan joined into with an individual. Each licensee must keep records with adequate detail to ensure that the cost and other consideration authorized from this subsection 
is implemented only once for each and every created agreement.
(2) as well as the administrative charge, the licensee ount of cash brought to the client in a sum no greater than thirty-six percentage for every 300 and sixty-five-day seasons. The interest rate recharged on exceptional balances after maturity must not be higher than the speed recharged throughout financing phase. ‘Principal stability’ indicates the total amount because of and due unique of any interest, services charges, or any other loan-related costs.“
(2) get into more than one exceptional financing at any given time with a current buyer. A preexisting client include an individual that registered into a contract in virtually any location that’s been awarded a license had of the same people;
(3 4) usage or reason enough to be published or disseminated marketing and advertising communications which contains incorrect, misleading, or misleading comments or representations;
(7 8) recognize an undated check or a check dated on a romantic date other than the day which the licensee accepts the check;
(8 9) need a consumer to give security for your deal or call for the client to provide a guaranty from someone;
(9 10) practice the shopping purchase of products or services, apart from deferred presentment treatments and Level we check-cashing providers as explained in area 34-41-10, at the location accredited pursuant to the chapter, given, but that a sale cash sales, postage stamps, installment of utility bills without any extra fee toward buyer, vending machines for edibles or drink, facsimile providers, Western Union solutions, or postal boxes at rate maybe not raised above enabled by the usa Postal provider is not the sale of products or service restricted by this subsection;
(11 12) allow others to take part in a hobby forbidden from this point at a place certified pursuant for this part.”
“(2) with regards to a customer financing, excluding a ‘payday loan’, otherwise known as a deferred presentment exchange as given in part 39, subject 34, like that loan pursuant to open-end credit score rating, a monitored lender may offer for and see financing financing fee as offered:
(a) on financial loans with a cash loan perhaps not exceeding six hundred cash, a max charge maybe not surpassing the maximum fees enforced in point 34-29-140 as disclosed as a yearly portion rates, provided a supervised lender may enforce a fund cost at a level under provided in part 34-29-140, and given furthermore the optimum cost shall maybe not go beyond the speed uploaded and registered pursuant to area 37-3-305;
(b) on financial loans with a cash loan exceeding 1000 cash, as well as on all debts, whatever the dollars amount, from Supervised Financial Organizations, any rates submitted and published pursuant to point 37-3-305; or
SECTION 7. Section 37-3-305 from the 1976 rule, as latest revised by work 353 of 2008, are more revised by adding by the end to see:
“(10) This point does not apply at ‘payday loans’, which are ruled by Chapter 39, concept 34, Deferred Presentment solutions.”
