Effect of code on powers of organizations.

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(1) This code prescribes maximum charges for all creditors extending consumer credit except lessors and those excluded in sections 5-1-202 and 5-2-213 (2)(b) and displaces existing limitations on the powers of those creditors based on maximum charges.

  1. With respect to sellers of goods or services, small loan companies, licensed lenders,consumer and sales finance companies, loan companies, and commercial banks and trust companies, this code displaces existing limitations on their powers based solely on amount or duration of credit.

  2. Except as provided in subsection (1) of this section, this code does not displace limitations on powers of credit unions, savings banks, savings and loan associations, or other thrift institutions whether organized for the profit of shareholders or as mutual organizations.

  3. Except as provided in subsections (1) and (2) of this section, this code does notdisplace:

  1. Limitations on powers of supervised financial organizations, as defined in section 51-301 (45), with respect to the amount of a loan to a single borrower, the ratio of a loan to the value of collateral, the duration of a loan secured by an interest in land, or other similar restrictions designed to protect deposits; or

  2. Limitations on powers an organization is authorized to exercise under the laws of thisstate or the United States.

Source: L. 2000: Entire article R&RE, p. 1180, § 1, effective July 1. L. 2013: (2) amended, (SB 13-154), ch. 282, p. 1468, §19, effective July 1.

Editor's note: This section is similar to former § 5-1-108, as it existed prior to 2000.


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