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Mississippi Statutes, Title 75

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Mississippi/Statutes

← All Mississippi coverage

Title 75, Regulation of Trade, Commerce and Investments

77 chapters · 1,836 sections in this title.

All chapters in Title 751,836 Ch 76, Mississippi Gaming Control Act151 Ch 9, Uniform Commercial Code—Secured Tran…148 Ch 67, Loans142 Ch 2, Uniform Commercial Code — Sales104 Ch 3, Uniform Commercial Code — Negotiable…68 Ch 27, Weights and Measures67 Ch 24, Regulation of Business for Consumer …65 Ch 71, Mississippi Securities Act of 201054 Ch 8, Uniform Commercial Code—Revised Arti…51 Ch 16, Money Transmission Modernization Act45 Ch 7, Uniform Commercial Code—Documents of…42 Ch 4, Uniform Commercial Code—Bank Deposit…41 Ch 29, Sale and Inspection of Food and Drugs39 Ch 57, Liquefied Petroleum Gases37

1,836 sections·Filtered byTitle 75✕

Miss. Code Ann. § 75-67-301 Short title
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This article shall be known and may be cited as the “Mississippi Pawnshop Act.”
Miss. Code Ann. § 75-67-303 Definitions
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(a) The following words and phrases used in this article shall have the following meanings unless the context clearly indicates otherwise:(a) “Pawnbroker” means any person engaged in whole or in part in the business of lending money on the security of pledged goods left in pawn, …
Miss. Code Ann. § 75-67-305 Information required to be recorded on pawn ticket; detailed recording of transactions required
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(1) At the time of making the pawn or purchase transaction, the pawnbroker shall enter upon the pawn ticket a record of the following information which shall be typed or written in ink and in the English language:(a) A clear and accurate description of the property, including the…
Miss. Code Ann. § 75-67-307 Information required to be pre-printed on pawn ticket
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(a) The following shall be printed on all pawn tickets:(a) The statement that “Any personal property pledged to a pawnbroker within this state is subject to sale or disposal when there has been no payment made on the account for a period of thirty (30) days past maturity date of …

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Miss. Code Ann. § 75-67-309 Statement pledgor or seller is rightful owner; pawnbroker to maintain record of transactions to law enforcement agencies; electronic reporting of transactions to law enforcement agencies; time limit for resale

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(1) The pledgor or seller shall sign a statement verifying that the pledgor or seller is the rightful owner of the goods or is entitled to sell or pledge the goods and shall receive an exact copy of the pawn ticket which shall be signed or initialed by the pawnbroker or any emplo…

Miss. Code Ann. § 75-67-311 Redemption of pledged goods; failure to redeem

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A pledgor shall have no obligation to redeem pledged goods or make any payment on a pawn transaction. Pledged goods not redeemed within thirty (30) days following the originally fixed maturity date shall automatically be forfeited to the pawnbroker by operation of this section, a…

Miss. Code Ann. § 75-67-313 Pawnshop charge; limit on interest, charges and fees

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(1) (a) A pawnbroker may contract for and receive a pawnshop charge in lieu of interest or other charges for all services, expenses, cost and losses of every nature not to exceed twenty-five percent (25%) of the principal amount, per month, advanced in the pawn transaction.(b) Th…

Miss. Code Ann. § 75-67-315 Prohibited acts of pawnbrokers, and clerks, agents or employees of pawnbroker

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(1) A pawnbroker and any clerk, agent or employee of such pawnbroker shall not:(a) Fail to make an entry of any material matter in his or her record book;(b) Make any false entry therein;(c) Falsify, obliterate, destroy or remove from his or her place of business such records, bo…

Miss. Code Ann. § 75-67-317 Redemption or repurchase of pledged goods; liability of pawnbroker for lost or damaged pledged goods; lost, destroyed or stolen pawn ticket

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(1) Any person properly identifying himself as pledgor or as authorized representative of the pledgor and presenting a pawn ticket to the pawnbroker shall be entitled to redeem or repurchase the pledged goods described in such ticket. In the event such pledged goods are lost or d…

Miss. Code Ann. § 75-67-319 Lien by pawnbroker; waiting period

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(1) A pawnbroker shall have a lien on the pledged goods pawned for the money advanced and the pawnshop charge owed, but not for other debts due to him. He shall retain possession of the pledged goods, except as otherwise herein provided, until his lien is satisfied. (2) Pledged g…

Miss. Code Ann. § 75-67-321 License required to engage in business as pawnbroker; license fee; penalty for late payment of fee

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(1) A person may not engage in business as a pawnbroker or otherwise portray himself as a pawnbroker unless the person has a valid license authorizing engagement in the business. A separate license is required for each place of business under this article. The commissioner may is…

Miss. Code Ann. § 75-67-323 Eligibility requirements for license; posting of license and sign in conspicuous place; prelicensing education requirement

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(1) To be eligible for a pawnbroker license, an applicant shall:(a) Operate lawfully and fairly within the purposes of this article;(b) Not have been convicted of a felony in the last ten (10) years or be active as a beneficial owner for someone who has been convicted of a felony…

Miss. Code Ann. § 75-67-325 Suspension or revocation of license; conditional license; surrender of license; reinstatement of license; enforcement by Commissioner of Banking

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(1) The commissioner may, after notice and hearing, suspend or revoke any license if it finds that:(a) The licensee, either knowingly, or without the exercise of due care to prevent the same, has violated any provision of this article;(b) Any fact or condition exists which, if it…

Miss. Code Ann. § 75-67-327 Application for new pawnshop license, transfer of existing license or approval for change in ownership

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(1) An application for a new pawnshop license, the transfer of an existing pawnshop license or the approval of a change in the ownership of a licensed pawnshop shall be under oath and shall state the full name and place of residence of the applicant, the place where the business …

Miss. Code Ann. § 75-67-329 Confiscation of pledged or purchased goods

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(1) No pledged or purchased goods can be confiscated without specifically accomplishing the following actions:(a) A police report being made in a timely manner;(b) A warrant sworn out for the person who pledged or sold the goods to the pawnbroker; and(c) A theft report, or a Nati…

Miss. Code Ann. § 75-67-331 Penalty for failure to secure a license

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Any person who engages in the business of operating a pawnshop without first securing a license prescribed by this article shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not in excess of One Thousand Dollars ($1,000.00) or by confineme…

Miss. Code Ann. § 75-67-333 Additional civil and criminal penalties for violations of this article; injunctions

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(1) In addition to any other penalty which may be applicable, any licensee or employee who willfully violates any provision of this article, or who willfully makes a false entry in any record specifically required by this article, shall be guilty of a misdemeanor and upon convict…

Miss. Code Ann. § 75-67-334 Authority of commissioner to examine persons suspected of violating licensure requirements

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The commissioner, or his duly authorized representative, for the purpose of discovering violations of this article and for the purpose of determining whether persons are subject to the provisions of this article, may examine persons licensed under this article and persons reasona…

Miss. Code Ann. § 75-67-335 Liability of rightful owner to pawnbroker where pledged goods are found to be stolen; restitution awarded upon successful prosecution

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If any pledged goods from a pawn transaction are found to be stolen goods and are returned to the rightful owner by law enforcement authorities and if the licensee who accepted such pledged goods has complied with all of the duties and responsibilities as specified in this articl…

Miss. Code Ann. § 75-67-337 Severability provision

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The provisions of this article are severable. If any part of this article is declared invalid or unconstitutional, such declaration shall not affect the parts which remain.

Miss. Code Ann. § 75-67-339 Time limit for existing pawnbrokers to apply for license and pay fee

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Pawnbrokers operating pawnshop locations in business as of July 1, 1993, shall have until January 1, 1994, to apply for a license under this article and to pay the required fee, and upon such application and payment of such required fee, shall be granted a license under this arti…

Miss. Code Ann. § 75-67-341 Authority of Commissioner of Banking to develop forms; commissioner may examine records without notice

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(1) The Commissioner of Banking shall develop and provide any necessary forms to carry out the provisions of this article. (2) To assure compliance with the provisions of this article, the commissioner may examine the pawn books and records of any licensee without notice during n…

Miss. Code Ann. § 75-67-343 Authority of municipalities to enact ordinances complying with, but not more restrictive than, provision of this article

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Municipalities in this state may enact ordinances which are in compliance with, but not more restrictive than, the provisions of this article. Any existing or future order, ordinance or regulation which conflicts with this provision shall be null and void.

Miss. Code Ann. § 75-67-401 Title

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This article shall be known and may be cited as the “Mississippi Title Pledge Act.”

Miss. Code Ann. § 75-67-403 Definitions

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(a) The following words and phrases shall have the following meanings:(a) “Appropriate law enforcement agency” means the sheriff of each county in which the title pledge lender maintains an office, or the police chief of the municipality or law enforcement officers of the Departm…

Miss. Code Ann. § 75-67-405 Title pledge transaction form

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(a) At the time the title pledge lender enters into each title pledge agreement, the title pledge lender shall complete a consecutively numbered title pledge transaction form for such transaction, and the pledgor shall sign the completed form. The commissioner shall approve the d…

Miss. Code Ann. § 75-67-407 Information to be included on title pledge transaction forms

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(1) The following information shall also be printed on all title pledge transaction forms:(a) The name and address of the title pledge office.(b) The statement that:(i) The pledgor is not obligated to redeem the pledged certificate of title;(ii) If the pledgor does not redeem the…

Miss. Code Ann. § 75-67-409 Verification statement; record of transactions of pledged property

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(1) The pledgor shall sign a statement verifying that the pledgor is the rightful owner of the pledged property and is entitled to pledge it. The pledgor shall receive an exact copy of the title pledge agreement which shall be signed by the title pledge lender or any employee of …

Miss. Code Ann. § 75-67-411 Right to redeem pledged property; failure to redeem

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(1) A pledgor shall have no obligation to redeem pledged property or make any payment on a title pledge transaction. Upon the pledgor’s failure to redeem the pledged property on or before the maturity date of the title pledge agreement or any extension or continuation thereof, th…

Miss. Code Ann. § 75-67-413 Title pledge service charge; extension of title pledge transaction period; additional payments on same pledged property to be evidenced by separate title pledge agreement

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(1) A title pledge lender may contract for and receive a title pledge service charge in lieu of interest or other charges for all services, expenses, cost and losses of every nature not to exceed twenty-five percent (25%) of the principal amount, per month, advanced in the title …

Miss. Code Ann. § 75-67-415 Prohibited actions of title pledge lender

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(a) A title pledge lender, or any agent or employee of such title pledge lender, shall not:(a) Falsify or intentionally fail to make an entry of any material matter in a title pledge lender transaction form.(b) Refuse to allow the commissioner, the appropriate law enforcement off…

Miss. Code Ann. § 75-67-417 Presentation of title pledge transaction form; lost, destroyed, or stolen forms

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(1) Any person presenting identification of himself and presenting the pledgor’s copy of the title pledge transaction form to the title pledge lender is presumed to be entitled to redeem the pledged property described in the title pledge lender transaction form; provided, however…

Miss. Code Ann. § 75-67-419 License requirements for title pledge lender; annual fees; temporary license

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(1) A person may not engage in business as a title pledge lender or otherwise portray himself as a title pledge lender unless the person has a valid license authorizing engagement in the business. A separate license is required for each place of business under this article. The c…

Miss. Code Ann. § 75-67-421 Eligibility requirements for title pledge lender license

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(1) To be eligible for a title pledge lender license, an applicant shall:(a) Operate lawfully and fairly within the purposes of this article;(b) Not have been convicted of a felony in the last ten (10) years or be active as a beneficial owner for someone who has been convicted of…

Miss. Code Ann. § 75-67-423 Grounds for suspension of license; notice and hearing requirements

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(1) The commissioner may, after notice and hearing, suspend or revoke any license if it finds that:(a) The licensee, either knowingly, or without the exercise of due care to prevent the same, has violated any provision of this article;(b) Any fact or condition exists which, if it…

Miss. Code Ann. § 75-67-425 Oath required for new or transferred license; application; contents of application

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(1) An application for a new title pledge office license, the transfer of an existing title pledge office license or the approval of a change in the ownership of a licensed title pledge office shall be under oath and shall state the full name and place of residence of the applica…

Miss. Code Ann. § 75-67-427 Prerequisites to confiscating pledged property

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(1) No pledged property can be confiscated without the following actions having been accomplished:(a) A police report being made in a timely manner;(b) A warrant sworn out for the person who pledged the property to the title pledge lender; and(c) A theft report or a National Crim…

Miss. Code Ann. § 75-67-429 Penalties for operating title pledge office without a license

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Any person who engages in the business of operating a title pledge office without first securing a license prescribed by this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not in excess of One Thousand Dollars ($1,000.00) or …

Miss. Code Ann. § 75-67-431 Penalties for violation of chapter

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(1) In addition to any other penalty which may be applicable, any licensee or employee who willfully violates any provision of this article, or who willfully makes a false entry in any record specifically required by this article, shall be guilty of a misdemeanor and, upon convic…

Miss. Code Ann. § 75-67-433 Stolen pledged property

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If any pledged property from a title pledge transaction is found to be stolen and is returned to the rightful owner by law enforcement authorities and if the licensee who accepted such pledged property has complied with all of the duties and responsibilities as specified in this …

Miss. Code Ann. § 75-67-435 Administration of chapter; examination of books and records

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(1) The Commissioner of Banking and Consumer Finance shall develop and provide any necessary forms to carry out the provisions of this article. (2) The department may adopt reasonable administrative regulations, not inconsistent with law, for the enforcement of this article. (3) …

Miss. Code Ann. § 75-67-437 Time period for application for license

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Title pledge lenders in operation as of April 22, 1997, shall have until July 1, 1997, to apply for a license under this article.

Miss. Code Ann. § 75-67-439 Complying or conflicting municipal ordinance

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Municipalities in this state may enact ordinances which are in compliance with, but not more restrictive than, the provisions of this article. Any existing or future order, ordinance or regulation which conflicts with this provision shall be null and void.

Miss. Code Ann. § 75-67-441 Severability

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The provisions of this article are severable. If any part of this article is declared invalid or unconstitutional, such declaration shall not affect the parts which remain.

Miss. Code Ann. § 75-67-443 Hiring of employees

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The commissioner may employ additional necessary permanent full-time employees above the number of permanent full-time employees authorized for the department for fiscal year 1997 to carry out and enforce the provisions of this article.

Miss. Code Ann. § 75-67-445 Advertising, displaying, or publishing false or misleading statements prohibited

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A licensee shall not advertise, display or publish, or permit to be advertised, displayed or published, in any manner whatsoever, any statement or representation that is false, misleading or deceptive.

Miss. Code Ann. § 75-67-447 Commissioner authorized to examine persons suspected of conducting business requiring a license

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The commissioner, or his duly authorized representative, for the purpose of discovering violations of this article and for the purpose of determining whether persons are subject to the provisions of this article, may examine persons licensed under this article and persons reasona…

Miss. Code Ann. § 75-67-449 Liability of licensees

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(1) A licensee under this article shall have no liability for any act or practice done or omitted in conformity with (a) any rule or regulation of the commissioner, or (b) any rule, regulation, interpretation or approval of any other state or federal agency or any opinion of the …

Miss. Code Ann. § 75-67-501 Short title

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This article shall be known and may be cited as the “Mississippi Check Cashers Act.”

Miss. Code Ann. § 75-67-503 Definitions

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(a) The following words and phrases used in this article shall have the following meanings unless the context clearly indicates otherwise:(a) “Appropriate law enforcement agency” means the sheriff of each county in which the licensee maintains an office, or the police chief of th…