Title 06 — Banks and Financial Institutions
16 chapters · 580 sections in this title.
AS 06.50.010 License required.
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A person, including a person doing business from outside this state, may not engage in the business of making or offering to make deferred deposit advances in this state without having a license under this chapter. A separate license is required for each physical location or Inte…
AS 06.50.020 Qualifications for license.
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(a) To qualify for a license, an applicant shall (1) have cash assets of at least $25,000, as determined under generally accepted accounting principles, except that an applicant who wants to engage in the business of making advances at more than one location in the state shall ha…
AS 06.50.030 Application.
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(a) An application for a license must be in writing and under oath, in a form prescribed by the department by regulation, and include at least (1) the legal name, residence, and business address of the applicant and, if the applicant is not a natural person, of each member, partn…
AS 06.50.040 Bond.
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(a) An applicant for a license shall file with the application a bond (1) in a form to be approved by the department; (2) in which the applicant is the obligor; and (3) in the sum of $25,000 for a business with one location and $50,000 for a business with more than one location. …
AS 06.50.050 Investigation by department.
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Within 60 days after an applicant files a completed application, the bond, and an application fee, the department shall investigate whether the applicant satisfies the qualifications of AS 06.50.020(a). If the department finds that the applicant satisfies the qualifications, it s…
AS 06.50.060 Conditions precedent to license.
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The requirements of AS 06.50.030 — 06.50.050 are conditions precedent to the issuance of a license under this chapter. The license permits the applicant to make advances under this chapter at the location specified in the application.
AS 06.50.070 Duration of license.
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A license issued under this chapter is valid for two calendar years. Each license remains in force through the calendar year after the calendar year in which the license was issued unless surrendered, suspended, or revoked under this chapter.
AS 06.50.080 Renewal of license.
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A license issued under this chapter shall be renewed on or before the date set by the department by submitting to the department a completed renewal application on a form established by the department and paying a nonrefundable renewal fee established by the department, which may…
AS 06.50.090 Denial of license or renewal.
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Article 2. License Transfer, Assignment, Control, and Change. (a) If the department determines that an applicant is not qualified to receive a license or a license renewal, the department shall notify the applicant in writing within 20 days that the application has been denied an…
AS 06.50.200 Transfer or assignment.
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Except for the transfer of a license to a new location under AS 06.50.220, a licensee may not transfer or assign the licensee's license.
AS 06.50.210 Change in control.
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The prior written approval of the department is required for the continued operation of a licensee's deferred deposit advance business when a change in control of the licensee is proposed. The department may require the information it considers necessary to determine whether a ne…
AS 06.50.220 Change in location or name.
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A licensee shall notify the department in writing at least 15 days before any proposed change in the licensee's business location or name, and shall provide the department with the information described in AS 06.50.030(a).
AS 06.50.230 Conduct of other business.
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Article 3. Department Supervision. A licensee may conduct other business at a location where it engages in making advances unless it conducts the other business for the purpose of evading or violating the provisions of this chapter.
AS 06.50.300 Suspension or revocation of license.
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(a) The department may suspend or revoke a license under AS 44.62 (Administrative Procedure Act) if the department finds that (1) the licensee has failed to pay the license fee, failed to maintain the required bond in effect, or failed to comply with a demand, ruling, or requirem…
AS 06.50.310 Reports to department.
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(a) On or before March 15 of each year, a licensee shall file with the department a composite annual report for the preceding calendar year in the form prescribed by the department relating to all advances made by the licensee. The department may require that the report be submit…
AS 06.50.320 Records.
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(a) A licensee shall maintain all records relating to this chapter at the location for which the licensee has a license. The records must conform to generally accepted accounting principles and practices in a manner that will enable the department to determine whether the license…
AS 06.50.330 Examinations and investigations.
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(a) The department shall examine the business records of a licensee at intervals the department considers appropriate. In addition, for the purpose of discovering violations of this chapter or securing information lawfully required, the department may, at any time, investigate th…
AS 06.50.400 Advance agreement.
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(a) An advance shall be documented in a written agreement that is signed by the advance recipient and on a form approved by the department. (b) The agreement must clearly and conspicuously disclose (1) the name of the licensee; (2) the date of the advance; (3) the principal amoun…
AS 06.50.410 Maximum amount of advances.
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A licensee, including a licensee with more than one location, may not make advances to an advance recipient that exceed $500 outstanding in advances to the recipient at one time.
AS 06.50.420 Prohibition on dividing advance amount or increasing number of advances.
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A licensee may not induce or permit an advance recipient to divide the amount of an advance, or to become obligated, directly, contingently, or both, for more than one advance at the same time, if the purpose or result is to obtain additional origination fees under AS 06.50.460(a…
AS 06.50.430 Prohibition on collateral and services.
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The licensee may not accept collateral or services as security for or payment of an advance.
AS 06.50.440 Duration of advances.
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The minimum duration of an advance is 14 days.
AS 06.50.450 Prohibition on advances on behalf of another.
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A licensee may not make an advance to a person who purports to be acting on behalf of another person.
AS 06.50.460 Fees.
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(a) Notwithstanding any other provision of law, except for the fee allowed under AS 06.50.510(b)(3) and where federal law provides otherwise, a licensee may only charge (1) a nonrefundable origination fee in an amount not to exceed $5; and (2) a fee that does not exceed $15 for e…
AS 06.50.470 Renewal of advance.
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(a) The minimum term of a renewal of an advance is 14 days. (b) A licensee may not renew an advance more than two consecutive times, after which the licensee shall require the advance recipient to repay the advance in full. (c) A licensee may not renew an advance for fees greater…
AS 06.50.480 Rescission.
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A person who receives an advance may rescind an advance without cause and without cost, except for the nonrefundable origination fee, at any time before the close of business on the business day following the day on which the advance was made by paying the principal amount of the…
AS 06.50.490 Prohibited arbitration requirement.
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A licensee may not require a recipient to agree to mandatory arbitration.
AS 06.50.500 Posted fee notice.
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A licensee shall post a notice in each business location that discloses the fees that the licensee charges for advances. The fees in the notice must be expressed as a dollar amount, as an annual percentage rate for 14 days for each $100, and as an annual percentage rate for 30 da…
AS 06.50.510 Required disclosures before disbursement.
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(a) Before disbursing funds under an advance, a licensee shall provide a clearly written statement that is separate from the written advance agreement required by AS 06.50.400(a). This disclosure statement must be reviewed and signed by the advance recipient. The licensee shall k…
AS 06.50.520 Payment by licensee.
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(a) A licensee may give an advance recipient the amount of the advance in cash, by the licensee's business check, by a money order, or by a reasonable electronic payment mechanism, including an electronic funds transfer to the advance recipient's account. (b) A licensee may not u…
AS 06.50.530 Payment by advance recipient.
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(a) An advance recipient may repay an advance (1) in cash; (2) by negotiation of the recipient's check that secures the advance; or (3) with the agreement of the licensee, a debit card, a cashier's check, an electronic funds transfer from the recipient's bank account, or a reason…
AS 06.50.540 Default fees.
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If a payment received from an advance recipient is returned unpaid to a licensee, the licensee may not collect the fees allowed by this chapter unless the fees are disclosed in the agreement for the advance under AS 06.50.400.
AS 06.50.550 Collection or court action after default.
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(a) If an advance recipient defaults, before assigning the payment obligation to a third party for collection and before initiating a court action against the recipient, a licensee (1) shall attempt in good faith to contact the advance recipient at reasonable times by telephone o…
AS 06.50.560 Threat of criminal action prohibited.
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Article 5. Miscellaneous Provisions. A licensee may not threaten an advance recipient with criminal action as a result of the recipient's default.
AS 06.50.600 Regulations.
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The department may adopt regulations under AS 44.62 (Administrative Procedure Act) to implement this chapter.
AS 06.50.610 Relationship to federal and other state law.
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Article 6. General Provisions. (a) If a provision of this chapter is preempted by or conflicts with federal law in a particular situation, the provision does not apply to the extent of the preemption or conflict. (b) If a provision of this chapter conflicts with another state law…
AS 06.50.900 Definitions.
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In this chapter, unless the context requires otherwise, (1) “advance” means a deferred deposit advance; (2) “advance recipient” means a borrower to whom an advance is made; (3) “control,” in the case of a person who is not a natural person, means direct or indirect ownership, the…