Colo. Rev. Stat. § 5-3.1-103

Current through Chapter 519 of the 2024 Legislative Session and Chapter 2 of the 2024 First Extraordinary Session

Section 5-3.1-103 - Written agreement requirements

Each deferred deposit loan transaction and renewal shall be documented by a written agreement signed by both the lender and consumer. The written agreement shall contain the name of the consumer; the transaction date; the amount of the instrument; the annual percentage rate charged; a statement of the total amount of finance charges charged, expressed both as a dollar amount and an annual percentage rate; and the name, address, and telephone number of any agent or arranger involved in the transaction. In addition, the written agreement shall include all disclosures required by section 5-3-101(2). The written agreement shall set a date upon which the instrument may be deposited or negotiated. There shall be no maximum loan term or minimum finance charge. The minimum loan term shall be six months from the loan transaction date. The lender shall accept prepayment from a consumer prior to the loan due date and shall not charge the consumer a penalty if the consumer opts to prepay the loan. A lender may hold an instrument and delay completion of the transaction beyond the loan due date without any additional written agreement or new disclosure, but the lender may not charge any additional fees for holding the instrument or delaying the completion of the transaction.

C.R.S. § 5-3.1-103

L. 2000: Entire article added, p. 440, § 1, effective July 1. L. 2001: Entire section amended, p. 29, § 7, effective March 9. L. 2003: Entire section amended, p. 1893, § 6, effective July 1. L. 2004: Entire section amended, p. 317, § 2, effective July 1. L. 2010: Entire section amended, (HB 10-1351), ch. 267, p. 1222, §3, effective August 11.

For the legislative declaration in the 2010 act amending this section, see section 1 of chapter 267, Session Laws of Colorado 2010.