2015 -- H 5289

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO COMMERCIAL LAW - GENERAL REGULATORY PROVISIONS -

INTEREST AND USURY

     Introduced By: Representatives Nunes, Marcello, Kennedy, Newberry, and Edwards

     Date Introduced: February 04, 2015

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 6-26-2 of the General Laws in Chapter 6-26 entitled "Interest and

Usury" is hereby amended to read as follows:

     6-26-2. Maximum rate of interest. -- (a) Subject to the provisions of title 19, no person,

partnership, association, or corporation loaning money to or negotiating the loan of money for

another, except duly licensed pawnbrokers, shall, directly or indirectly, reserve, charge, or take

interest on a loan, whether before or after maturity, at a rate that shall exceed the greater of

twenty-one percent (21%) per annum or the alternate rate specified in subsection (b) of this

section of the unpaid principal balance of the net proceeds of the loan not compounded, nor taken

in advance, nor added on to the amount of the loan.

      (b) The alternate rate means the rate per annum that is equal to nine percentage points

(9%) plus an index that is the domestic prime rate as published in the Money Rates section of The

Wall Street Journal on the last business day of each month preceding the later of the date of the

debtor's agreement or the date on which the interest rate is redetermined in accordance with the

terms of the debtor's agreement. If the Wall Street Journal ceases publication of the prime rate,

the director of business regulation shall designate a substantially equivalent index. In the event an

index is published as a range of rates, then the lowest rate shall be the index.

      (c) (1) For purposes of this section, interest shall not be construed to include:

      (i) Charges pursuant to chapter 30 of title 27;

      (ii) Premiums for insurance in an amount not exceeding the reasonable value of property

offered as security for a loan against any substantial risk of loss, liability, damage, or destruction

in conformity with the insurance laws of this state;

      (iii) Premiums for insurance providing loss of income or involuntary unemployment

coverage if the coverage is not a factor in the approval by the lender of the extension of credit and

the debtor gives specific written indication that the cost of this coverage has been conspicuously

disclosed to the debtor; that the debtor realizes that the coverage is not a condition for the

extension of credit; and that the debtor voluntarily desires the coverage;

      (iv) Commercial loan commitment or availability fees to assure the availability of a

specified amount of credit for a specified period of time or, at the borrower's option,

compensating balances in lieu of the fees;

      (v) Reasonable attorney's fees customarily charged for the preparation of loan, security,

or mortgage documents and for the collection of defaulted loans;

      (vi) Fees for title examination or title insurance;

      (vii) Other customary and reasonable costs incident to the closing, supervision, and

collection of loans in this state; and

      (viii) Consideration received for the redemption, sale, transfer, or other disposition of

equity securities by a small business investment company licensed under the provisions of the

"Small Business Investment Act of 1958", 15 U.S.C. § 631 et seq., as amended, or an entity that

would qualify for regulation as a business development company under the provisions of the

"Investment Company Act of 1940", 15 U.S.C. § 80a-1 et seq., as amended, whether or not the

equity securities were acquired by a small business investment company or business development

company in connection with or as an incident to the extension of credit.

      (2) Any of the preceding charges, if paid or advanced by the lender, may be considered

part of the net proceeds of the loan, and if paid by the debtor, shall not be deducted from the net

proceeds of the loan.

      (d) Notwithstanding anything to the contrary in this chapter or in any other provision of

Rhode Island law, the provisions of this chapter shall not be applicable with respect to credit card

transactions as defined in chapter 26.1 of this title. Chapter 26.1 shall apply exclusively to all

such transactions.

      (e) Notwithstanding the provisions of subsection (a) of this section and/or any other

provision in this chapter to the contrary, there is no limitation on the rate of interest that may be

legally charged for the loan to, or use of money by, a commercial entity, where the amount of

money loaned exceeds the sum of one million dollars ($1,000,000) and where repayment of the

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loan is not secured by a mortgage against the principal residence of any borrower; provided, that

the commercial entity has first obtained a pro forma methods analysis performed by a certified

public accountant licensed in the state of Rhode Island indicating that the loan is capable of being

repaid.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COMMERCIAL LAW - GENERAL REGULATORY PROVISIONS -

INTEREST AND USURY

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     This act would eliminate the exemption from the maximum interest rate for loans over

one million dollars ($1,000,000).

     This act would take effect upon passage.

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