(1)Persons required to file notification
who are sellers, lessors, or lenders shall pay a fee in an amount and at
intervals to be prescribed by the director under IC 28-11-3-5. The fee
shall be a set amount for each one hundred thousand dollars
($100,000), or part thereof, in excess of one hundred thousand dollars
($100,000), of the original unpaid balances arising from consumer
credit sales, consumer leases, and consumer loans made in Indiana and
held either by the seller, lessor, or lender for more than thirty (30) days
after the inception of the sale, lease, or loan giving rise to the
obligations, or by an assignee who has not filed notification. A
refinancing of a sale, lease, or loan resulting in an increase in the
amount of an obligation is a new sale, lease, or loan to the extent o
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(1) Persons required to file notification
who are sellers, lessors, or lenders shall pay a fee in an amount and at
intervals to be prescribed by the director under IC 28-11-3-5. The fee
shall be a set amount for each one hundred thousand dollars
($100,000), or part thereof, in excess of one hundred thousand dollars
($100,000), of the original unpaid balances arising from consumer
credit sales, consumer leases, and consumer loans made in Indiana and
held either by the seller, lessor, or lender for more than thirty (30) days
after the inception of the sale, lease, or loan giving rise to the
obligations, or by an assignee who has not filed notification. A
refinancing of a sale, lease, or loan resulting in an increase in the
amount of an obligation is a new sale, lease, or loan to the extent of the
increase. In prescribing the fee, the department shall consider the costs
and expense incurred or estimated to be incurred by the department in
the administration of this article, including, but not limited to, the
supervision, regulation, and examination of persons subject to the
provisions of the article.
(2) Persons required to file notification who are assignees shall pay
a fee as prescribed and fixed by the department under subsection (1) on
the unpaid balances at the time of the assignment of obligations arising
from consumer credit sales, consumer leases, and consumer loans made
in Indiana taken by assignment during the preceding calendar year, but
an assignee need not pay a fee with respect to an obligation on which
the assignor or other person has already paid a fee.
(3) Persons required to file notification who are assignors shall pay
a fee as prescribed by the department under subsection (1) on the
unpaid balances at the time of the assignment of obligations arising
from consumer credit sales, consumer leases, and consumer loans made
in Indiana during the preceding calendar year unless the assignee has
already paid the fees.
(4) Persons required to renew a license under IC 24-4.5-3-503.6
may deduct the fees paid under IC 24-4.5-3-503(8)(b) and IC 24-4.5-3-503(8)(c), as applicable, from fees paid under this section.
(5) A person that is required to file notification under IC 24-4.5-6-202 shall pay a fee at the same rate as prescribed and fixed by
the department under subsection (1) on the original unpaid balances of
all closed end credit obligations originating from the person's place of
business during the time preceding the notification as specified under
subsection (1), unless the fees for the obligations have been paid by
another person.
Formerly: Acts 1971, P.L.366, SEC.7. As amended by Acts
1977, P.L.269, SEC.1; P.L.247-1983, SEC.23; P.L.14-1992, SEC.61;
P.L.122-1994, SEC.38; P.L.213-2007, SEC.19; P.L.217-2007, SEC.18;
P.L.90-2008, SEC.13; P.L.27-2012, SEC.29.