§ 24-4.5-3-502 — Authority to make, take assignment of, or collect consumer loans other than mortgage transactions; license required; exempt persons; branches; separate license required for small loans

(1) A person that is a:
(a) depository institution;
(b) subsidiary that is owned and controlled by a depository
institution and regulated by a federal banking agency; or
(c) credit union service organization;
may engage in Indiana in the making of consumer loans (including
small loans that are subject to IC 24-4.5-7) that are not mortgage
transactions without obtaining a license under this article.
(2) A collection agency licensed under IC 25-11-1 may engage in:
(a) taking assignments of consumer loans (including small loans
that are subject to IC 24-4.5-7) that are not mortgage transactions;
and
(b) undertaking the direct collection of payments from or the
enforcement of rights against debtors arising from consumer loans
(including small loans that are subject to IC 24-4.5-7) that are not
mortgage transactions;
in Indiana without obtaining a license under this article.
(3) A person that does not qualify under subsection (1) or (2) shall
acquire and retain a license under this chapter in order to regularly
engage in Indiana in the following actions with respect to consumer
loans that are not small loans (as defined in IC 24-4.5-7-104) or
mortgage transactions:
(a) The making of consumer loans.
(b) Taking assignments of consumer loans.
(c) Undertaking the direct collection of payments from or the
enforcement of rights against debtors arising from consumer
loans.
(4) A separate license under this chapter is required for each legal
entity that engages in Indiana in any activity described in subsection
(3). However, a separate license under this chapter is not required for
each branch of a legal entity licensed under this chapter to perform an
activity described in subsection (3).
(5) Except as otherwise provided in subsections (1) and (2), a
separate license under IC 24-4.5-7 is required in order to regularly
engage in Indiana in the following actions with respect to small loans
(as defined in IC 24-4.5-7-104):
(a) The making of small loans (as defined in IC 24-4.5-7-104).
(b) Taking assignments of small loans (as defined in IC 24-4.5-7-104).
(c) Undertaking the direct collection of payments from or the
enforcement of rights against debtors arising from small loans (as
defined in IC 24-4.5-7-104).
A person that seeks licensure under IC 24-4.5-7 in order to regularly
engage in Indiana in the actions set forth in this subsection shall apply
to the department for that license in the form and manner prescribed by
the department, and is subject to the same licensure requirements and
procedures as an applicant for a license to make consumer loans (other
than small loans or mortgage transactions) under this section.
Formerly: Acts 1971, P.L.366, SEC.4. As amended by
P.L.14-1992, SEC.32; P.L.122-1994, SEC.24; P.L.176-1996, SEC.7;
P.L.23-2000, SEC.7; P.L.10-2006, SEC.6 and P.L.57-2006, SEC.6;
P.L.35-2010, SEC.51; P.L.186-2015, SEC.16; P.L.153-2016, SEC.6;
P.L.176-2019, SEC.17.