OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Honorable Nlh P.nglia 

Crlmiml Dietr lot Attorney 

Longvlrv,. Texas 

Dear sir: 

mover and no power t' rttorney. 

corporation I mosey de- 

“~UESTXOMS: ------vthis Company corn under Article #7047, 

Subdivision 15, known as 'money lenders,’ 

and are they subject to the annual State 

tax of $150.00, and the County tax of 475.00, 

as occupation tax? 

“(2) Do you construe this article that they would 

co% under this law, if nat under the abwe 
Hanoreble Mike An&lln, page 2 

questiota, since the branch manager vi11 be 

an agent of the c>rporatl3n la lending its 

money, where he both lends and collects 

nonsy loaned and remits profits to the home 

orfloe of the oomp8nyT” 

Article 7047, Subdirislon 15, Revised Civil Strtutt8, 1925, IS 48 f0ii0~8: 

51on4y bndtr8. --From ortry ptrs30, firm, association oi persons, o? corporation vhosa buslntsu is lending money ts agent or agents rm my 

corporotlon, firm or sssoalatlon, tither in this 

Stats or out of it, an 8nnual tu of One Hundred 

r+irty Dollars (#150.00). Provided, that If an ofilct 18 malnt4lnsd in more than one oounty, the 

atat. trx sh811 be payable in l aoh county uhert 

an oftlot 18 ulntalwd: and, provided, tUrthtr, 

that this Tcx shall not apply to persons, firms, 

or l ssoolatlons who lend money 88 an lncldecit 

mrtly to the real estate buslnsss, nor shall said 

tax apply to banks, tw banking lnstltut ldos rtgularly organlssd as such.’ 

Ths Uhlvtrsal CIT Credit Corporation, a foreign corporatlon, received a psrmlt to do buslntss in Texas irm the 

Secretary of State 00 September 20, 1945, to ongage in buslnoss In Texas for the follorlng purpowst 

“To tccunultto tnd lend, purohtse end deal 

in notos, mortgages l d other rsctlvablts, but 

vithout banking or discount prl+llsgts.” 

The Court OS Crlmlnal Appt818 lo the case of Mtrne 

V. State, 75 S.W. (2d) 5153, construed the term mm3ne9 lender” 

85 r0ii0w8 3 

“:1x dms the evidence shou that Means Yas 

a ‘msneg lender’ vlthln the loeaniug of article 

7047, subd. 15, R.S. 1525. The ertlcle referred 

to def lnes a money lender thus: ‘Every persm, 

flrln or assoclat:on of persons looting money 88 

agent or sgtnts for any corporation, firm or association, either la this Stats or out OS it,’ 1s 

a money lender. It 1s clear that, if’ Means was 
Hm?rsble Mike Anglln, race 3 

lotnlng his own money, tnd there la [10 trldtnce 

to \he contrary, he was not t ‘money ltnc?er. a 

. . . 

It la fundamental lau that s oorpotatlon acts Only 

through its offloers or agents, ulthln the scope of their authority, tlthor express or lmpllod. Sines one of the purpos4s authorized by the permit Zssutd by the Stats of Terns 

to the oorporatlon was to lsnd money OIL notes, mortgages, 

and other rtotlrabltr, ths l ot of the branch manager In ltndlng ths oorporatlon’s own monty on automobiles as security 

was tht sot of the corporation In lending It8 own mo neyl , nd 

hsnct, under the decision in the cast cited nbovt, neither 

the corporation nor the branch manager is subject to the provisions of subdirision 15, Prtlclt 7047, R.C.S., 1925. 

Very truly yours 

ATTORHEY OERERAL OF TXAS 

* . . 

Pssistant 

CID? :db