reglab/housing_qa huggingface dataset:
GA Code § 7-3-16 (2021)
2021 Georgia Code|Title 7 - Banking and Finance|Chapter 3 - Installment Loans|Article 2 - Operating Procedures|§ 7-3-16. Tax on Interest - Levy; Penalty for Tax to Charges

  In addition to all other taxes, fees, license fees, fines, or other charges now or hereafter levied or assessed, there is levied a tax of 3 percent on the total amount of interest on any loan collected by any licensee from any borrower to whom such licensee has made an installment loan.   Said tax is levied and assessed against the person so licensed and shall be paid by such person and shall not be added in any manner as an additional fee or charge against the borrower. Any person licensed under this chapter who adds such tax in any manner as an additional fee or charge against the borrower shall be liable for the recovery of triple the amount of such charge by action against the lender in any court of competent jurisdiction.   As used in this Code section, the term "interest collected" means the gross amount of interest charged and collected on loan contracts, less any amount of unearned interest refunded to borrowers and such interest on such portion of uncollectible accounts that are charged off as bad debts by the licensee; except that, for those licensees whose records are kept on an accrual basis, the 3 percent tax levied in subsection (a) of this Code section shall be remitted on such portion of the interest as accrues during the taxable period.     (Ga. L. 1955, Ex. Sess., p. 57, § 1; Ga. L. 1956, p. 86, § 2; Ga. L. 1997, p. 143, § 7; Code 1981, §7-3-19; Code 1981, §7-3-16, as redesignated by Ga. L. 2020, p. 156, § 2/SB 462.)    The 2020 amendment,  effective June 30, 2020, redesignated former Code Section 7-3-19 as present Code Section 7-3-16, and, in subsection (a), inserted "fines,", substituted "licensee" for "person licensed under this chapter" and "an installment" for "a loan"; and, in subsection (c), substituted "uncollectible" for "uncollectable" in the middle and substituted "period" for "month" at the end. See Editor's notes at the beginning of this chapter for applicability.   Editor's notes.   - Ga. L. 2020, p. 156, § 2/SB 462, effective June 30, 2020, redesignated former Code Section 7-3-16 as present Code Section 7-3-13.   JUDICIAL DECISIONS    Cited in Bell v. Loosier of Albany, Inc., 137 Ga. App. 50, 222 S.E.2d 839 (1975).   RESEARCH REFERENCES   ALR.    - Constitutionality of statutes imposing duty on borrower to collect and pay over the tax imposed on the lender or owner of the obligations, 60 A.L.R. 742.    Classification of money lenders for purposes of taxation, 93 A.L.R. 209.
GA Code § 7-3-17 (2021)
2021 Georgia Code|Title 7 - Banking and Finance|Chapter 3 - Installment Loans|Article 2 - Operating Procedures|§ 7-3-17. Tax on Interest - Payment; Inspection of Records; Rules and Regulations

 The tax provided for in Code Section 7-3-16 shall be remitted to the department at the time and in the manner specified by rules and regulations of the department. The department and its authorized examiners and employees shall have the right to inspect all records of any person so licensed, and the department is authorized to promulgate rules and regulations relative to the enforcement of Code Section 7-3-16, this Code section, and Code Section 7-3-18.    (Ga. L. 1955, Ex. Sess., p. 57, § 2; Ga. L. 1956, p. 86, § 2; Ga. L. 1975, p. 1247, § 2; Ga. L. 1989, p. 14, § 7; Ga. L. 2004, p. 631, § 7; Code 1981, §7-3-20; Code 1981, §7-3-17, as redesignated by Ga. L. 2020, p. 156, § 2/SB 462.)    The 2020 amendment,  effective June 30, 2020, redesignated former Code Section 7-3-20 as present Code Section 7-3-17, and, in the first sentence, substituted "Code Section 7-3-16" for "Code Section 7-3-19" and substituted "department at the time and in the manner specified by rules and regulations of the department" for "Commissioner on or before the twentieth day of each month for the preceding calendar month"; and, in the second sentence, substituted "department" for "Commissioner" twice, "its" for "his", "examiners" for "agents", "Code Section 7-3-16" for "Code Section 7-3-19" and "Code Section 7-3-18" for "Code Section 7-3-21". See Editor's notes at the beginning of this chapter for applicability.   Editor's notes.   - Ga. L. 2020, p. 156, § 2/SB 462, effective June 30, 2020, redesignated former Code Section 7-3-17 as present Code Section 7-3-14.   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Moneylenders and Pawnbrokers, § 19 et seq.   C.J.S.   - 47 C.J.S., Interest and Usury; Consumer Credit, § 407.
GA Code § 7-3-18 (2021)
2021 Georgia Code|Title 7 - Banking and Finance|Chapter 3 - Installment Loans|Article 2 - Operating Procedures|§ 7-3-18. Tax on Interest - Penalties for Late or Fraudulent Tax Payments

  In the event any person fails or refuses to remit the tax required by Code Sections 7-3-16 and 7-3-17 within the time prescribed, the tax shall bear interest at the rate of 1 percent per month. Interest shall begin to accrue from the date the tax is due until the date the tax is paid. For the purposes of this Code section, any period of less than one month shall be considered to be one month.   In the event any person fails or refuses to remit the tax required by Code Sections 7-3-16 and 7-3-17 within the time prescribed, there shall be added to the tax a penalty equivalent to 25 percent of the tax but in no case shall the penalty so added be less than $5.00. In the event any person fraudulently remits the incorrect tax, there shall be added to the tax a penalty equivalent to 50 percent of the tax but in no case shall the penalty so added be less than $5.00. The amounts so added as penalties shall be collected as a part of the tax.     (Ga. L. 1955, Ex. Sess., p. 57, § 3; Code 1981, §7-3-21; Code 1981, §7-3-18, as redesignated by Ga. L. 2020, p. 156, § 2/SB 462.)    The 2020 amendment,  effective June 30, 2020, redesignated former Code Section 7-3-21 as present Code Section 7-3-18, and added subsection (a); designated the existing provisions as subsection (b); and substituted "Code Sections 7-3-16 and 7-3-17" for "Code Sections 7-3-19 and 7-3-20" in the first sentence of subsection (b). See Editor's notes at the beginning of this chapter for applicability.   Editor's notes.   - Ga. L. 2020, p. 156, § 2/SB 462, effective June 30, 2020, redesignated former Code Section 7-3-18 as present Code Section 7-3-15.   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Moneylenders and Pawnbrokers, § 19 et seq.   C.J.S.   - 47 C.J.S., Interest and Usury; Consumer Credit, § 460.
GA Code § 7-3-20 (2021)
2021 Georgia Code|Title 7 - Banking and Finance|Chapter 3 - Installment Loans|Article 3 - Licensing|§ 7-3-20. Requirements for Original and Renewal Licenses

  Each applicant for an original or renewal license shall:   Submit an application in writing, under oath, and in such form as the department may prescribe;   Furnish to the Nationwide Multistate Licensing System and Registry the following information:   The legal name and principal business address of the person applying for the license;   The names and the residence and business addresses of each director, owner, and executive officer of the applicant;   The address of each location where the applicant will engage in the business of making installment loans in this state;   Any name, subject to approval by the department, under which the applicant will engage in the business of making installment loans in this state; and   The name and address of the initial registered agent and registered office for service of process in this state;     Submit such other data, financial statements, and pertinent information as the department may require with respect to the applicant or its directors, owners, or executive officers; and   Pay a nonrefundable supervision fee established by rules and regulations of the department.     A person applying for an original license shall pay a nonrefundable investigation fee established by rules and regulations of the department.     (Code 1981, §7-3-20, enacted by Ga. L. 2020, p. 156, § 2/SB 462.)   Editor's notes.   - Ga. L. 2020, p. 156, § 2/SB 462, effective June 30, 2020, redesignated former Code Section 7-3-20 as present Code Section 7-3-17.
GA Code § 7-3-21 (2021)
2021 Georgia Code|Title 7 - Banking and Finance|Chapter 3 - Installment Loans|Article 3 - Licensing|§ 7-3-21. Bonds Required

  An applicant shall provide with its application a corporate surety bond issued by a bonding company or insurance company authorized to do business in this state and approved by the department.   The bond shall:   Be in a form satisfactory to the department;   Be in the aggregate amount of $25,000.00 for the primary location to be operated by a licensee plus $5,000.00 for each additional location to be operated by such licensee, provided that no licensee shall be required to have a bond that exceeds a total amount of $100,000.00;   Run to the State of Georgia for the benefit of the department or any claimant against a licensee arising out of the licensee's business of making installment loans;   Require a licensee to pay any and all money for the benefit of any person damaged by noncompliance of the licensee with this chapter, with rules, regulations, or orders issued by the department pursuant to this chapter, or with any condition of the bond; and   Require a licensee to pay any and all money that may become due and owing to any creditor of or claimant against the licensee arising out of the licensee's business of making installment loans.     Payments due under the bond shall include money owed to the department for fees, taxes and related interest and penalties under Code Sections 7-3-16, 7-3-17, and 7-3-18, and fines or penalties for noncompliance of the licensee with this chapter or rules, regulations, or orders issued pursuant to this chapter.   Claimants or creditors against the licensee may bring an action directly on the bond.   In no event shall the aggregate liability of the surety exceed the principal sum of the face amount of the bond.   In the event that the principal sum of the bond is reduced by one or more recoveries or payments thereon, a licensee shall:   Provide a new or additional bond so that the total or aggregate principal sum of such bond or bonds equals the sum required under subsection (b) of this Code section; or   Provide an endorsement duly executed by the corporate surety reinstating the bond to the required principal sum thereof.     A bond shall not be canceled by either the licensee or the corporate surety except upon notice to the department electronically through the Nationwide Multistate Licensing System and Registry, and such cancellation shall be effective no sooner than 30 days after receipt by the department of such notice and only with respect to any breach of condition occurring after the effective date of such cancellation.     (Code 1981, §7-3-21, enacted by Ga. L. 2020, p. 156, § 2/SB 462.)   Editor's notes.   - Ga. L. 2020, p. 156, § 2/SB 462, effective June 30, 2020, redesignated former Code Section 7-3-21 as present Code Section 7-3-18.
GA Code § 7-3-22 (2021)
2021 Georgia Code|Title 7 - Banking and Finance|Chapter 3 - Installment Loans|Article 3 - Licensing|§ 7-3-22. Investigations of Applicants; License Nontransferable; Expiration and Annual Renewal

  The department shall conduct an investigation of every applicant for licensure to determine the financial responsibility, experience, character, general fitness, and eligibility for licensure of such applicant. The department may issue the applicant a license if the department determines to its general satisfaction that:   The applicant is financially sound and responsible and able to engage in the business of making installment loans in an honest, fair, and efficient manner and with the confidence and trust of the community;   Approval of the application will promote the convenience and advantage of the community in which the applicant proposes to operate; and   All conditions for licensure set forth in this chapter and in the rules and regulations of the department have been satisfied.     No license shall be transferable or assignable.   Each license shall expire on December 31 of each year, and application for renewal shall be made annually on or before December 1 of each year.     (Code 1981, §7-3-22, enacted by Ga. L. 2020, p. 156, § 2/SB 462.)   Editor's notes.   - Former Code Section 7-3-22, concerning examinations, investigations, and hearings, was repealed by Ga. L. 2020, p. 156, § 2/SB 462, effective June 30, 2020. The former Code section was based on Ga. L. 1904, p. 79, § 8; Civil Code 1910, § 3456; Ga. L. 1920, p. 215, § 10; Code 1933, §§ 25-211, 25-310; Ga. L. 1955, p. 431, § 11; Ga. L. 1963, p. 370, § 3; Ga. L. 1975, p. 393, § 1; Ga. L. 1989, p. 14, § 7.
GA Code § 7-3-23 (2021)
2021 Georgia Code|Title 7 - Banking and Finance|Chapter 3 - Installment Loans|Article 3 - Licensing|§ 7-3-23. Authority of Department; Disclosure

  The department is authorized to:   Participate in the Nationwide Multistate Licensing System and Registry to facilitate the sharing of information and standardization of the licensing and application processes for persons subject to this chapter;   Enter into operating agreements, information sharing agreements, interstate cooperative agreements, and other contracts necessary for the department's participation in the Nationwide Multistate Licensing System and Registry;   Disclose or cause to be disclosed without liability, via the Nationwide Multistate Licensing System and Registry, applicant and licensee information, including, but not limited to, violations of this chapter and enforcement actions, to facilitate regulatory oversight;   Request that the Nationwide Multistate Licensing System and Registry adopt an appropriate privacy, data security, and security breach notification policy that is in full compliance with existing state and federal law; and   Establish and adopt, by rule and regulation, requirements for participation by applicants and licensees in the Nationwide Multistate Licensing System and Registry, upon the department's determination that each requirement is consistent with both the public interest and the purposes of this chapter.     The department shall enact rules and regulations establishing a process whereby licensees may challenge information entered by the department into the Nationwide Multistate Licensing System and Registry.   Regardless of its participation in the Nationwide Multistate Licensing System and Registry, the department shall retain full and exclusive authority over determinations of whether to grant, renew, suspend, or revoke licenses issued under this chapter. Nothing in this Code section shall be construed to reduce or otherwise limit such authority.   Information disclosed through the Nationwide Multistate Licensing System and Registry is deemed to be disclosed directly to the department and subject to Code Section 7-1-70. Such information shall not be disclosed to the public and shall remain privileged and confidential pursuant to Code Section 7-1-70.   Applicants and licensees shall be required to pay the charges associated with their utilization of the Nationwide Multistate Licensing System and Registry.     (Code 1981, §7-3-23, enacted by Ga. L. 2020, p. 156, § 2/SB 462.)   Editor's notes.   - Former Code Section 7-3-23, concerning cease and desist orders and enjoining violations, was repealed by Ga. L. 2020, p. 156, § 2/SB 462, effective June 30, 2020. The former Code section was based on Ga. L. 1957, p. 331, § 2; Ga. L. 1989, p. 14, § 7; Ga. L. 1997, p. 143, § 7.
GA Code § 7-3-24 (2021)
2021 Georgia Code|Title 7 - Banking and Finance|Chapter 3 - Installment Loans|Article 3 - Licensing|§ 7-3-24. Suspension or Revocation of License - Grounds; Procedure; Effect of Loss of License on Contracts

 Repealed by Ga. L. 2020, p. 156, § 2/SB 462, effective June 30, 2020.   Editor's notes.   - This Code section was based on Ga. L. 1904, p. 79, §§ 4, 9, 15; Ga. L. 1920, p. 215, § 6; Code 1933, §§ 25-212, 25-217, 25-305, 25-306; Ga. L. 1955, p. 431, § 12; Ga. L. 1963, p. 370, § 4; Ga. L. 1989, p. 14, § 7.
GA Code § 7-3-26 (2021)
2021 Georgia Code|Title 7 - Banking and Finance|Chapter 3 - Installment Loans|Article 3 - Licensing|§ 7-3-26. Probation and Civil Penalties for Violations

 Repealed by Ga. L. 2020, p. 156, § 2/SB 462, effective June 20, 2020.   Editor's notes.   - This Code section was based on Ga. L. 1975, p. 1247, § 1; Ga. L. 1989, p. 14, § 7; Ga. L. 1997, p. 143, § 7.
GA Code § 7-3-27 (2021)
2021 Georgia Code|Title 7 - Banking and Finance|Chapter 3 - Installment Loans|Article 3 - Licensing|§ 7-3-27. Judicial Review of Commissioner's Decisions

 Repealed by Ga. L. 2020, p. 156, § 2/SB 462, effective June 20, 2020.   Editor's notes.   - This Code section was based on Ga. L. 1955, p. 431, § 13; Ga. L. 1982, p. 3, § 7; Ga. L. 1989, p. 14, § 7.
GA Code § 7-3-30 (2021)
2021 Georgia Code|Title 7 - Banking and Finance|Chapter 3 - Installment Loans|Article 4 - Obligations of Licensees|§ 7-3-30. Requirements of Licensees; Maintenance of Records

  Each licensee shall:   Conspicuously post a copy of its license in each location where the licensee engages in installment lending;   Submit to the Nationwide Multistate Licensing System and Registry timely reports of condition, which shall be in such form and shall contain such information as the department may require;   Clearly label all advertisements and any other documents required by rules and regulations of the department with its unique identifier;   Make, keep, and use in its business such books, accounts, and records as the department may require; and   Make available to the department, upon request, any books, accounts, records, files, documents, evidence, or other information relating to the business of making installment loans.     Each licensee shall preserve any books, accounts, and records required to be made, kept, or used pursuant to this Code section or rules and regulations of the department for five years or such greater period of time as prescribed by rules and regulations of the department to the licensee.   A licensee may maintain any books, accounts, and records required to be made, kept, or used pursuant to this Code section:   In photographic, electronic, or other similar form; and   At a location outside of this state so long as such records are transmitted to a location designated by the department within ten days of the date of a written request by the department.       (Code 1981, §7-3-30, enacted by Ga. L. 2020, p. 156, § 2/SB 462.)
GA Code § 7-3-31 (2021)
2021 Georgia Code|Title 7 - Banking and Finance|Chapter 3 - Installment Loans|Article 4 - Obligations of Licensees|§ 7-3-31. Required Notifications to Be Provided by Licensee; Bond Company Requirement of Notification; Method for Providing Notice

  A licensee shall send written notice to the department within ten days of the following:   Any knowledge or discovery that any of the licensee's owners, executive officers, directors, trustees, agents, or covered employees has been convicted of a felony as described in subsection (a) of Code Section 7-3-42;   Any knowledge or discovery that any of the licensee's owners, executive officers, directors, trustees, agents, or covered employees has committed fraud, engaged in dishonest activities, or made any misrepresentation;   The discharge of a covered employee for actual or suspected misrepresentations, dishonest acts, or fraudulent acts;   Any knowledge or discovery of an administrative, civil, or criminal action initiated by any governmental entity against the licensee;   Any knowledge or discovery of a criminal action initiated by any governmental entity for misrepresentations, dishonest acts, or fraudulent acts against any owner, executive officer, director, trustee, agent, or covered employee of a licensee; and   The filing of a petition by or against the licensee under the United States Bankruptcy Code, 11 U.S.C. Sections 101 through 110, for bankruptcy reorganization or the filing of a petition by or against the licensee for receivership or the making of a general assignment for the benefit of its creditors.     A licensee shall send written notice to the department within 30 days of the following:   The commencement of any action brought against it relating to its business of installment lending in Georgia;   The commencement of any action by any creditor or claimant relating to its business of installment lending in Georgia or involving a claim against the bond filed with the department pursuant to Code Section 7-3-21;   The entry of any judgment against the licensee related to its business of installment lending in Georgia; and   Any change in the address of its principal place of business or registered agent for service in Georgia.     The corporate surety that issued a licensee a bond pursuant to Code Section 7-3-21 shall send written notice to the department within ten days of paying any claim or judgment to any creditor or claimant.   Any notice sent pursuant to this Code section shall be sent by registered or certified mail or statutory overnight delivery and include sufficient details for the department to identify any relevant creditor or claimant, claim, cause of action, judgment, payment, or prohibited act.     (Code 1981, §7-3-31, enacted by Ga. L. 2020, p. 156, § 2/SB 462.)