5 Del. Admin. Code § 2210-2.0

Current through Register Vol. 28, No. 5, November 1, 2024
Section 2210-2.0 - Definitions

For the purpose of this regulation, the following definitions apply:

"Commissioner" means the State Bank Commissioner.

"Database" means the database established and maintained by the Commissioner pursuant to 5 Del.C. § 2235B to verify requests from a licensee as to whether a potential borrower is eligible for a short-term consumer loan under 5 Del.C. § 2235A and to determine any other information a licensee may need in order to comply with 5 Del.C. Ch. 22 and this regulation.

"Licensee" means any person licensed under 5 Del.C. Ch.22.

"Right of rescission" means with respect to any short-term consumer loan, the right to return any amount borrowed, in full, on or before the close of business of the business day following the day on which such sum has been disbursed or advanced without the incursion of any fee or other charges.

"Rollover" means with respect to any short-term consumer loan, the extension of an outstanding and unpaid indebtedness beyond the stated repayment period solely on the basis of the payment of a fee without approval of a new loan application.

"Short-term consumer loan" means a loan of $1,000 or less made to an individual borrower that charges interest and/or fees for which the stated repayment period is less than 60 days and is not secured by title to a motor vehicle. This term also includes a rollover and a refinancing.

"Workout agreement" means an agreement between an individual borrower and a licensee for the repayment of an outstanding and unpaid indebtedness. The workout agreement must provide for payments in equal installments over a period of at least 90 days and the licensee may not assess any other fee, interest charge, or other charge on the borrower as a result of converting the loan into a workout agreement.

5 Del. Admin. Code § 2210-2.0