7 Tex. Admin. Code § 89.204

Current through Reg. 49, No. 25; June 21, 2024
Section 89.204 - Multiple Licenses
(a) Definitions. The words "made," "negotiated," and "collected" as used in Texas Finance Code, § RSA 351.052(b) are to be construed as follows.
(1) Made or make--Loans are "made" by the office or offices where either the credit decision is made or the cash advance is disbursed.
(2) Negotiated or arranged; negotiate or arrange--Loans are "negotiated" or "arranged" in the office or offices that received any information preliminary to a credit decision on a prospective borrower or received the executed application, agreement, or other necessary loan documentation.
(3) Collected or collect--Loans are "collected" in the office or offices from which attempts are made to collect past-due payments from the borrowers under a loan. The mere receipt and accounting of payments does not constitute "collection."
(b) Application. Any office making, negotiating, arranging, servicing, holding, or collecting loans must be licensed. For example, if a lender receives and reviews loan applications at one office, makes the loan decision at another office, funds the loan at a third, and collects past-due payments from another, all of these offices must be licensed. On the other hand, an office that merely receives, records, accounts for, and processes payments need not be licensed.

7 Tex. Admin. Code § 89.204

The provisions of this §89.204 adopted to be effective November 8, 2007, 32 TexReg 7918; amended to be effective July 5, 2012, 37 TexReg 4874