N.J. Admin. Code § 3:4-4.2
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Agency Agreement" means a written agreement between a foreign bank and another person acknowledging that the other person is an agent of the foreign bank, and providing that the agent and the foreign bank shall be subject to the jurisdiction of the Department and New Jersey courts regarding the activities of the agent in the course of his or her agency activities in this State. An agency agreement is necessary for the foreign bank to conduct business in this State pursuant to N.J.S.A. 17:9A-316E.
"Agent" means a person:
1. Identified as an agent of the foreign bank in an agency agreement;
2. Who is not an employee of the foreign bank; and
3. Shall include an insured depository institution affiliate located in New Jersey which acts in New Jersey on behalf of a foreign bank.
"Affiliate" means entities that are related, directly or indirectly, through a common ownership interest of 10 percent or more.
"Commissioner" means the Commissioner of the Department of Banking and Insurance.
"Department" means the New Jersey Department of Banking and Insurance.
"Foreign bank" means a company, other than a banking institution, organized under the laws of the United States, another state or a foreign government, which is authorized by the laws under which it is organized to exercise some or all of the powers specified in 17:9A-24(4), 25(4), (5) and (13), and 28(3) through (9).
"Insured depository institution affiliate" means any banking institution, as defined in 17:9A-1, or association, as defined in 17:12B-5, the deposits of which are insured by the Federal Deposit Insurance Corporation, that controls or is controlled by, or is under common control with a foreign bank.
"Payday loan" means an agreement with respect to which an agent, acting on behalf of the foreign bank, solicits, negotiates, facilitates or agrees to defer the presentment of a negotiable item to the foreign bank, or defer the deposit of an item for collection, or defer debiting the borrower's account electronically or by any other means, in return for a consideration or other thing of value where the rate, fee or other consideration charged for such forbearance exceeds the limitation on usury set forth at 2C:21-19. "Payday loan" shall include, but not be limited to, such loans made:
1. In person;
2. Through an agent;
3. By electronic means (including telephone, fax, computer, internet or similar means); or
4. Through response to an advertisement or solicitation made in this State.
"Primary regulator" means the regulator that issued the charter to the foreign bank.
"Refund anticipation loan" means an agreement with respect to which an agent, acting on behalf of the foreign bank, solicits, negotiates, facilitates or loans a borrower funds, or extends any other consideration to a borrower in return for an assignment of the borrower's tax refund or for any other agreement by the borrower to repay the loan or other consideration from the borrower's tax refund where the rate, fee or other consideration charged for forbearance of the agent or foreign bank exceeds the limitations on usury set forth at 2C:21-19. "Refund anticipation loan" includes, but is not limited to, such loans made:
1. In person;
2. Through an agent;
3. By electronic means (including telephone, fax, computer, internet or similar means); or
4. Through response to an advertisement or solicitation made in this State.
"Retail seller" means any person selling goods or services in New Jersey and includes a retail seller as defined in 17:16C-1(c).
"Title loan" means an agreement with respect to which an agent, acting on behalf of the foreign bank, solicits, negotiates, facilitates or agrees to make a loan, secured by a title to a motor vehicle, in return for a consideration or other thing of value where the rate, fee or other consideration of such forbearance exceeds the limitation on usury set forth at 2C:21-19. "Title loan" shall include but not be limited to, such loans made:
1. In person;
2. Through an agent;
3. By electronic means (including telephone, fax, computer, internet or similar means); or
4. Through response to an advertisement or solicitation made in this State.
N.J. Admin. Code § 3:4-4.2