Exclusions.

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(1) This code does not apply to:

  1. Extensions of credit to government or governmental agencies or instrumentalities;

  2. Except as otherwise provided in article 4 of this title, the sale of insurance if there isno legal obligation to pay installments of the premium and the insurance may terminate or be canceled after nonpayment of an installment of the premium;

  3. Transactions under public utility or common carrier tariffs if a subdivision or agencyof this state or of the United States regulates the charges for the services involved, the charges for delayed payment, and any discount allowed for early payment;

  4. (I) With respect to contracts for purchase entered into by a pawnbroker, as the termsare defined in section 29-11.9-101, the rates and charges, and the disclosure of rates and charges, if the rates and charges do not exceed the fixed price permitted by section 29-11.9-101 (2). The exclusion in this subsection (1)(d)(I) applies to pawnbrokers who are:

  1. Licensed by a local licensing authority pursuant to section 29-11.9-102; or

  2. Regulated, with respect to rates and charges, by a local governing authority pursuantto section 29-11.9-102.

(II) The exclusion in subparagraph (I) of this paragraph (d) also applies to pawnbrokers authorized to make supervised loans under section 5-2-301 with respect to contracts for purchase; except that the exclusion does not apply to the disclosure of rates and charges of pawnbrokers authorized to make supervised loans.

  1. The disclosure of rates and charges in connection with transactions in securities andcommodities accounts by a broker-dealer registered with the securities and exchange commission;

  2. Loans made, originated, disbursed, serviced, or guaranteed by an agency, instrumentality, or political subdivision of the state pursuant to article 3.1 of title 23, C.R.S.

Source: L. 2000: Entire article R&RE, p. 1182, § 1, effective July 1. L. 2012: IP(1) and (1)(d) amended, (HB 12-1328), ch. 218, p. 936, § 1, effective August 8. L. 2017: (1)(d)(I) amended, (SB 17-228), ch. 246, p. 1041, § 4, effective August 9.

Editor's note: This section is similar to former § 5-1-202, as it existed prior to 2000.

Cross references: For regulation of insurance agents, brokers, and representatives, see article 2 of title 10; for regulation of pawnbrokers, see article 11.9 of title 29; for regulation of securities brokers, see article 51 of title 11; for credit unions, see article 30 of title 11.


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