§ 9:3530 — Fees; origination; notary, documentation; over-the-credit-limit fee

§3530. Fees; origination; notary, documentation; over-the-credit-limit fee
A.(1) A lender may charge an origination fee that does not exceed fifty dollars on a
consumer loan or revolving loan account.
(2) The origination fee may be charged only once in connection with a single loan
to one borrower over any consecutive thirty-day period, regardless of the number of renewals
or refinances during the same thirty-day period. An origination fee may be charged on any
new loan made during a prior loan's consecutive thirty-day period provided the new loan is
not a renewal, refinance, or rollover of the prior loan. When a loan is paid in full, an
origination fee may be charged on any subsequent new loan without regard to the prior loan's
consecutive thirty-day period.
(3) Notwithstanding any other law to the contrary, an origination fee shall not be
considered a loan finance charge and shall not be subject to refund upon prepayment or
acceleration of maturity.
(4) Repealed by Acts 2003, No. 633, §2.
B. Non-real estate related notary fees assessed in connection with consumer credit
transactions subject to this Chapter are limited to a maximum of fifteen dollars.
C.(1) A lender may charge a documentation fee in an amount not to exceed one-half
of the amount authorized in Paragraph (4) of this Subsection, in connection with a non-real
estate consumer loan transaction.
(2) Notwithstanding any other law to the contrary, a documentation fee shall not be
considered as interest nor shall it be included in the calculation of interest.
(3) An insurance premium finance company may not charge a documentation fee
under this Subsection.
(4) In lieu of the documentation fee provided in Paragraph (1) of this Subsection, a
lender may charge a documentation fee , not to exceed twenty dollars, in connection with any
non-real estate consumer loan not subject to R.S. 9:3578.1 through 3578.8.
D. A lender upon entering into a revolving loan or lender credit card account that is
secured by a collateral mortgage or equivalent security interest on immovable (real) property,
may assess an origination fee in an amount not to exceed two percent of the consumer's
established credit limit. Such origination fees may be assessed in addition to permissible
loan finance charges and are not subject to rebate upon cancellation or termination of the
consumer's account.
E.(1) A lender may contract for and receive reasonable over-the-credit-limit fees in
connection with revolving loan, lender credit card, revolving charge and seller credit card
accounts that are payable whenever the consumer exceeds the credit limit established for the
account.
(2) A lender shall cease the assessment of over-the-credit-limit fees in connection
with lender credit card and seller credit card accounts upon termination of the contract.
F.(1) A lender may collect a convenience charge authorized by R.S. 47:532.1(C) for
services performed by a public license tag agent as well as any E.L.T. fees pursuant to R.S.
32:707.2. Such charge or fees shall not be assessed to the consumer more than once.
(2) Notwithstanding any other law to the contrary, the convenience charge
authorized by R.S. 47:532.1(C) as well as any E.L.T. fees shall not be considered as interest,
nor shall they be included in the calculation of interest.
G. Notwithstanding the limitations set in this Section or any other law to the
contrary, a federally insured depository institution entering into a consumer credit transaction
as defined in R.S. 9:3516(13) may contract for and receive the types of fees provided for in
Subsections A, C, and D of this Section in any amount agreed to in a written agreement
signed by the consumer. Fees charged under this Subsection by a federally insured
depository institution shall not be considered loan finance charges or credit service charges
under this Chapter.

Legislative History

Acts 1986, No. 584, §1, eff. July 2, 1986; Acts 1987, No. 498, §1; Acts 1988, No. 629, §1; Acts 1995, No. 153, §1; Acts 1995, No. 1184, §2; Acts 1999, No. 514, §1; Acts 1999, No. 1315, §1, eff. Jan. 1, 2000; Acts 2003, No. 633, §2; Acts 2004, No. 89, §1; Acts 2005, No. 123, §1, eff. June 22, 2005; Acts 2007, No. 31, §1; Acts 2010, No. 96, §1; Acts 2010, No. 668, §1; Acts 2011, No. 115, §1; Acts 2021, No. 69, §2.