6-602. Exemptions

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. This chapter does not apply to:

1. A person who does business under any other law of this state, or any other state while regulated by a state agency of that other state, or of the United States, relating to banks, savings banks, trust companies, savings and loan associations, profit sharing and pension trusts, credit unions, insurance companies or receiverships if the consumer lender loan transactions are regulated by the other law or are under the jurisdiction of a court.

2. A person who is licensed as a pawnbroker pursuant to title 44, chapter 11, article 3 to the extent that the person's activities are governed by that article.

3. A person who is not regularly engaged in the business of making consumer lender loans.

4. A person who is licensed pursuant to chapter 9 of this title to the extent that the person's activities are governed by that chapter.

B. The requirements of this chapter do not apply to:

1. Closed end loans of more than $10,000.

2. Advances on open end revolving loans that are not secured by the consumer's principal residence with an agreed on credit limit of more than $10,000, regardless of the amount of any advances on these revolving loans.

3. Advances on open end revolving loans that are secured by the consumer's principal residence with an agreed on credit limit of more than $10,000, regardless of the amount of any advances on these revolving loans.

4. Consumer lender loans that are lawfully made to nonresidents of the state in any other state under and in accordance with a regulatory consumer lender law similar in principle to this chapter.

5. Educational loans that are either:

(a)Made, insured or guaranteed pursuant to a program authorized by the United States, this state or any other state.

(b)Made by a nonprofit organization that is exempt from taxation under section 501(c)(3) of the internal revenue code to students who attend postsecondary educational institutions in this state.

C. A consumer loan made pursuant to a consumer lender license is not a secondary motor vehicle finance transaction as defined in section 44-281.