Section § 22450

Explanation

This law defines what an 'open-end credit program' is within this financial context. It refers to a credit plan where a licensee extends loans to a borrower according to a set agreement.

A borrower can use these loans to pay for various purposes, such as obtaining money, goods, or services. Each loan advance, along with allowed charges, is recorded in an account. Interest or charges are calculated based on the unpaid balance in the borrower's account, not including unpaid charges except specific allowed fees.

Importantly, borrowers can choose to pay off their total account balance at any time.

As used in this division, “open-end credit program” means a licensee’s plan for making open-end loans pursuant to a loan agreement that sets forth the terms and conditions governing the use of the open-end credit program, expressly states that the loan is made pursuant to this article, and provides that:
(a)CA Financial Code § 22450(a) The borrower may use the open-end credit program to obtain money, goods, labor, or services on credit. The licensee makes open-end loans to the borrower for the purpose of paying money to or at the direction of the borrower or paying obligations that the borrower creates through use of the open-end credit program.
(b)CA Financial Code § 22450(b) The amount of each advance and the charges and other permitted costs are debited to an account.
(c)CA Financial Code § 22450(c) The charges are computed from time to time on the unpaid balances of the borrower’s account, excluding from the computation any unpaid charges other than permitted fees, costs, and expenses.
(d)CA Financial Code § 22450(d) The borrower has the privilege of paying the account in full at any time.

Section § 22451

Explanation

This law states that if a revolving credit program is not mainly used for buying or leasing goods or services from the business offering it, then all credit transactions made through that program must follow the rules in this division. This includes any purchases or leases from the business itself that are made using the program.

If an open-end credit program is not primarily for the purpose of purchasing or leasing goods or services from the licensee, then all credit extended through use of the program, including transactions that involve the purchase or lease of goods or services from the licensee, shall be subject to this division.

Section § 22452

Explanation

This law allows a licensed lender to offer open-end loans, like credit lines, provided they get written approval from a commissioner who ensures that the business plan is neither misleading nor deceptive. The lender can charge interest as allowed by other related sections, and there are two ways to calculate the interest: using either the actual daily unpaid balance or the average daily unpaid balance during the monthly billing cycle. The cycle must be monthly, meaning it closes on a consistent date each month. However, this section doesn't apply to loans of $10,000 or more, as defined by another section.

Subject to the written approval of the commissioner of the licensee’s plan of business for making open-end loans as not being misleading or deceptive and subject to regulations the commissioner may adopt with respect to open-end loans under Section 22150, a licensee may make open-end loans pursuant to this article and may contract for and receive thereon charges as set forth in Sections 22303, 22304, 22304.5, and 22308. These charges may be calculated on an amount not exceeding the greater of:
(a)CA Financial Code § 22452(a) The actual daily unpaid balances of the open-end account in the billing cycle for which the charge is made, in which case one-thirtieth of the monthly rate may be charged for each day the unpaid balance is outstanding.
(b)CA Financial Code § 22452(b) The average daily unpaid balance of the open-end account in the billing cycle for which the charge is made, which is the sum of the amount unpaid each day during that cycle divided by the number of days in that cycle. The amount unpaid on a day is determined by adding to any balance unpaid as of the beginning of that day all advances and other debits and deducting all payments and other credits made or received as of that day. The billing cycle shall be monthly. A billing cycle is monthly if the closing date of the cycle is the same date each month or does not vary by more than four days from the regular date.
This section does not apply to any open-end loan of a bona fide principal amount of ten thousand dollars ($10,000) or more as determined in accordance with Section 22467.

Section § 22453

Explanation

The law outlines how to calculate the minimum monthly payment on a loan. There are three methods:

(a) Multiply the unpaid principal balance, including any recent loan advances, by a percentage agreed upon by the borrower and lender, not less than 2.5%. This amount stays the same until another loan advance is made.

(b) Multiply the unpaid balance at the end of each billing cycle by an agreed-upon percentage, not less than 5%.

(c) Agree on a bona fide amount that covers all charges and some principal due.

This rule doesn't apply to open-end loans of $10,000 or more.

The minimum monthly payment shall be determined by any of the following:
(a)CA Financial Code § 22453(a) The amount calculated by multiplying the unpaid principal balance, after an advance and including the advance, by a percent agreed upon by the borrower and the licensee, which shall be no less than 21/2 percent. The minimum payment shall continue at the amount determined pursuant to this paragraph until a subsequent loan advance is made.
(b)CA Financial Code § 22453(b) The amount calculated by multiplying the unpaid balance at the end of each billing cycle by a percent agreed upon by the borrower and the licensee, which shall be no less than 5 percent.
(c)CA Financial Code § 22453(c) Any other bona fide amount agreed upon by the borrower and the licensee which would be sufficient to pay all charges and some principal, originally scheduled to be due by the borrower as of each scheduled due date.
This section does not apply to any open-end loan of a bona fide principal amount of ten thousand dollars ($10,000) or more as determined in accordance with Section 22467.

Section § 22454

Explanation

This law section explains that for open-end loans, lenders can charge the same types of fees, costs, and financial expenses allowed for other loans. However, if the loan includes credit insurance, the cost must be calculated and charged on a monthly basis, matching the insurance's premium rate.

This rule doesn't apply to open-end loans over $10,000, based on certain criteria.

On open-end loans, the licensee may contract for and receive the fees, costs, and expenses permitted on other loans, including those permitted by subdivisions (a), (b), (c), and (d) of Section 22313 and subdivision (d) of Section 22314, except that the charge for credit insurance under Section 22314 shall be on a monthly basis and shall be actuarially consistent with the premium rate for the same coverage.
This section does not apply to any open-end loan of a bona fide principal amount of ten thousand dollars ($10,000) or more as determined in accordance with Section 22467.

Section § 22455

Explanation

This law allows lenders to offer credit insurance on open-end loans with the borrower's agreement. The insurance must be approved by the Insurance Commissioner and shouldn't exceed the loan amount. If a borrower with life insurance dies during the loan term, the insurance must completely pay off any outstanding loan. Similarly, if a borrower with disability insurance becomes disabled, the insurance must cover the remaining loan balance during their disability. For those with loss-of-income insurance, the coverage will pay the loan if the borrower becomes unemployed. Credit insurance becomes active once the loan is issued or the borrower agrees to the coverage. The lender cannot cancel this insurance unless the borrower is more than 90 days late on payments. This rule does not apply to loans of $10,000 or more.

(a)CA Financial Code § 22455(a) In lieu of subdivisions (b), (c), (d), (e), and (f) of Section 22314, with respect to open-end loans, a licensee may provide credit insurance with the borrower’s consent, in a form to be approved by the Insurance Commissioner, in an amount not in excess of the amount of the indebtedness. For credit life or disability insurance, the licensee may collect from the borrower an amount established pursuant to Section 779.36 of the Insurance Code.
(b)CA Financial Code § 22455(b) If life insurance is provided, and if the insured borrower dies during the term of the loan contract, the insurance shall be sufficient to pay the total amount due on the loan outstanding on the date of his or her death, without any exception, reservation, or limitation.
(c)CA Financial Code § 22455(c) If disability insurance is provided, and if the insured borrower becomes disabled during the term of the loan contract, the insurance shall be sufficient to pay all amounts attributable to the loan balance at the time of commencement of disability that subsequently become due on the loan thereafter during the period of disability, in accordance with subdivision (d) of Section 22315, without any exception, reservation, or limitation.
(d)CA Financial Code § 22455(d) If loss-of-income insurance is provided, and if the insured borrower becomes unemployed during the term of the loan contract, the insurance shall be sufficient to pay all amounts attributable to the loan balance at the time of commencement of unemployment in accordance with subdivision (d) of Section 22321 without any exception, reservation, or limitation.
(e)CA Financial Code § 22455(e) Any credit insurance that is provided shall be in force as soon as the loan is made or coverage is agreed upon, whichever is later. No credit insurance written in connection with an open-end loan shall be canceled by the lender because of delinquency of the borrower in the making of the minimum payments thereon unless one or more of the payments is past due for a period of 90 days or more, and the lender shall advance to the insurer the amounts required to keep the insurance in force during that period, which amounts may be debited to the borrower’s account.
This section does not apply to any open-end loan of a bona fide principal amount of ten thousand dollars ($10,000) or more as determined in accordance with Section 22467.

Section § 22456

Explanation

This law discusses how open-end loans should be handled to comply with Section 22309. When a borrower receives a loan advance, the lender must give them an amount equal to the advance's face value. If the loan advance goes to pay a third party for goods or services the borrower received, the lender must pay enough to cover the borrower's obligation. This section doesn't apply if the loan is for $10,000 or more.

Section 22309 shall apply to open-end loans with the following variations:
(a)CA Financial Code § 22456(a) To comply with Section 22309, in the case of open-end loan advances directly to the borrower, the licensee shall deliver to the borrower, at the time of each loan advance, an amount equal to the face value of the advance.
(b)CA Financial Code § 22456(b) To comply with Section 22309, in the case of an open-end loan advance in the form of a payment by the licensee to a person from whom a borrower obtained money, goods, labor, or services, the licensee shall deliver to that person the amounts necessary to fulfill the borrower’s obligation to that person under the transaction.
This section does not apply to any open-end loan of a bona fide principal amount of ten thousand dollars ($10,000) or more as determined in accordance with Section 22467.

Section § 22457

Explanation

This law says that instead of following a previous section, open-end loan agreements must include certain specific details. These details are the lender's name, address, license number, what collateral (or security) is involved, how minimum payments on the loan are calculated for the initial and any future amounts borrowed, and the interest rate charged.

In lieu of Section 22332, the open-end loan agreement shall contain the name, address, and license number of the finance lender and shall disclose the nature of the security taken, the method of determining the minimum payments that will be required to repay the initial advance and any subsequent advances on the loan, and the agreed rate of charge.

Section § 22458

Explanation

This law requires lenders to send borrowers a statement for each billing period if there's an outstanding balance on an open-end loan or if a finance charge has been added. The statement must include the balance at the start and end of the cycle, any advances made, payments received, finance charges, and other relevant account details. If the loan's security has changed, this must also be noted in the statement.

In lieu of subdivision (a) of Section 22337, with respect to open-end loans, except in the case of an account that the licensee deems to be uncollectible, or for which delinquency collection procedures have been instituted, the licensee shall deliver or cause to be delivered to the borrower, or any one thereof, for each billing cycle at the end of which there is an outstanding balance in the account, or to which a finance charge is imposed, a statement setting forth the outstanding balance in the account at the beginning of the billing cycle, the date and amount of any subsequent loan advance during the period, the amounts and dates of crediting to the account during the billing cycle that payments are credited, the amount of any finance charge debited to the account during the billing cycle, the annual percentage rate of finance charge determined under Regulation Z promulgated by the Board of Governors of the Federal Reserve System (12 C.F.R. 226), the balance on which the finance charge was computed, the closing date of the billing cycle, the outstanding balance on that date, and the minimum monthly payment required in the absence of any additional advance. If there has been any change in the nature of the security for the loan since the next preceding advance, the statement shall contain or be accompanied by a statement of the nature of the security for the loan after that change.

Section § 22459

Explanation

This law means that if there's an open-end loan, and you don't owe any money on it, a certain restriction from another law (Subdivision (e) of Section 22337) won't apply, as long as the loan agreement is still active.

Subdivision (e) of Section 22337 shall not apply to an open-end loan that has no balance outstanding if the open-end loan agreement continues in effect.

Section § 22460

Explanation

This section states that if the terms of an open-end loan (like a credit card) are changed, the requirements in Section 22333 do not apply as long as the borrower is properly notified according to specific federal rules.

Section 22333 shall not apply to a change in terms of an open-end loan if notice is given to the borrower in accordance with subsection (c) of Section 226.9 of Regulation Z promulgated by the Board of Governors of the Federal Reserve System (12 C.F.R. 226).

Section § 22461

Explanation

This section states that certain regulatory requirements do not apply to lenders when they extend credit through an open-end credit program. Essentially, if you're a licensed lender offering open-end credit, you might be exempt from some specific rules and regulations mentioned in other sections.

Subdivision (a) of Section 22151, Sections 22154 and 22325, and subdivision (b) of Section 22337 shall not apply to a licensee with respect to advances made through an open-end credit program.

Section § 22462

Explanation

This law states that if you pay fees to take part in an open-end credit program, accept the lender's terms, and agree to their program, it won't be considered as buying or selling something additional on the side.

The payment of fees for participation in an open-end credit program, the acceptance by a borrower of the form of the licensee’s program, and the borrower’s agreement to the licensee’s program shall not be deemed to be a collateral sale, purchase, or agreement within the terms of Section 22201, 22311, or 22312.

Section § 22463

Explanation

This law section clarifies that the commissioner always has the power to reject advertising for open-end loans, as outlined in another law (Section 22165), regardless of anything else in this article.

Nothing in this article limits the authority of the commissioner to disapprove advertising with respect to open-end loans pursuant to Section 22165.

Section § 22464

Explanation

This law is only relevant to open-end loans and does not concern any other types of loans.

This article does not apply to loans other than open-end loans.

Section § 22465

Explanation

This section clarifies that the regulations specified in Section 22400 are not relevant to open-end loans, which are loans that don't have a fixed end date and allow you to borrow flexibly.

Section 22400 does not apply to open-end loans.

Section § 22466

Explanation

This law states that an open-end loan follows the rules of another specific law (Section 22330) if the loan has a genuine principal amount of $5,000 or more, which is calculated by the guidelines in Section 22467.

An open-end loan is in compliance with Section 22330 if it is an open-end loan of a bona fide principal amount of five thousand dollars ($5,000) or more as determined in accordance with Section 22467.

Section § 22467

Explanation

This section explains when certain rules do not apply to open-end loans that are at or above a specific principal amount. If a finance lender issues an open-end loan meeting this amount, those rules can be bypassed, provided there's no intent to dodge the law. To qualify, both the credit line and the initial advance must be equal to or more than the specified principal amount. Even if later loan amounts are less, they still count if the original criteria were met. For unsecured loans, it's the total credit line that needs to meet the specified principal amount, not the individual loan amounts. Importantly, section 22251's rules about regulatory ceilings also apply here.

(a)CA Financial Code § 22467(a) Any section that refers to this section or that is subject to Section 22251 does not apply to any open-end loan of the bona fide principal amount specified in the regulatory ceiling provision of that section or more, or to a duly licensed finance lender in connection with any such loan if that provision is not used for the purpose of evading this division.
(b)CA Financial Code § 22467(b) In determining whether an open-end loan is an open-end loan of a bona fide principal amount specified in any section in this division or more and whether the regulatory ceiling provision of that section is used for the purpose of evading this division, the open-end loan shall be deemed to be for that amount or more if both the following criteria are met:
(1)CA Financial Code § 22467(b)(1) The line of credit is equal to or more than the bona fide principal amount of the specified amount.
(2)CA Financial Code § 22467(b)(2) The initial advance was equal to or more than the bona fide principal amount of the specified amount.
(c)CA Financial Code § 22467(c) A subsequent advance of money of less than the specified amount pursuant to the open-end loan agreement between a borrower and a licensed finance lender shall be deemed to be a loan of a bona fide principal amount of the specified amount if the criteria of paragraphs (1) and (2) of subdivision (b) have been met, even though the actual unpaid balance after the advance or at any other time is less than the bona fide principal amount of the specified amount.
(d)CA Financial Code § 22467(d) Notwithstanding subdivisions (b) and (c), the amount of the line of credit of an unsecured open-end loan shall be the criterion to determine whether an unsecured open-end loan is of a bona fide principal amount or more specified in any section in this division.
(e)CA Financial Code § 22467(e) For the purposes of determining whether the loan amount exceeds a regulatory ceiling, the provisions of subdivision (c) of Section 22251 shall apply to open-end loans.