SECTION 89.205. Loans by Mail or Internet

(a) Definitions. The words "make," "negotiate," "arrange," and "collect" as used in Texas Finance Code, §351.053(b) are to be construed according to the definitions contained in §89.204(a) of this title (relating to Multiple Licenses).

(b) Application. Any office, wherever located, making, negotiating, arranging, or collecting loans by mail must be licensed. For example, if a lender receives and reviews loan applications at one office, makes the loan decision at another office, funds the loan at a third, and collects past-due payments from another, all of these offices involved in lending by mail must be licensed. On the other hand, an office that merely receives, records, accounts for, and processes payments need not be licensed.

(c) Internet loans. For purposes of Texas Finance Code, §351.053(b), a loan made, negotiated, arranged, or collected by or through the Internet is considered a "loan by mail."

Source Note: The provisions of this §89.205 adopted to be effective November 8, 2007, 32 TexReg 7918; amended to be effective July 5, 2012, 37 TexReg 4874