reglab/housing_qa huggingface dataset:
WA Rev Code § 31.45.040 (2021)
2021 Revised Code of Washington|Title 31 - Miscellaneous Loan Agencies|Chapter 31.45 - Check Cashers and Sellers.|31.45.040 - Application for license or small loan endorsement—Financial responsibility—Director's investigation.

RCW 31.45.040 Application for license or small loan endorsement—Financial responsibility—Director's investigation.(1) The director shall conduct an investigation of every applicant to determine the financial responsibility, experience, character, and general fitness of the applicant. The director shall issue the applicant a license to engage in the business of cashing or selling checks, or both, or a small loan endorsement, if the director determines to his or her satisfaction that:(a) The applicant has satisfied the requirements of RCW 31.45.030;(b) The applicant is financially responsible and appears to be able to conduct the business of cashing or selling checks or making small loans in an honest, fair, and efficient manner with the confidence and trust of the community; and(c) The applicant has the required bonds, or has provided an acceptable alternative form of financial security.(2) The director may refuse to issue a license or small loan endorsement if he or she finds that the applicant, or any person who is a director, officer, partner, agent, sole proprietor, owner, or controlling person of the applicant, has been convicted of a felony in any jurisdiction within seven years of filing the present application or is associating or consorting with any person who has been convicted of a felony in any jurisdiction within seven years of filing the present application. The term "substantial stockholder" as used in this subsection, means a person owning or controlling ten percent or more of the total outstanding shares of the applicant corporation.(3) A license or small loan endorsement may not be issued to an applicant:(a) Whose license to conduct business under this chapter, or any similar statute in any other jurisdiction, has been suspended or revoked within five years of the filing of the present application;(b) Who has been banned from the industry by an administrative order issued by the director or the director's designee, for the period specified in the administrative order; or(c) When any person who is a sole proprietor, owner, director, officer, partner, agent, or controlling person of the applicant has been banned from the industry in an administrative order issued by the director, for the period specified in the administrative order.(4) A license or small loan endorsement issued under this chapter shall be conspicuously posted in the place of business of the licensee. The license is not transferable or assignable.(5) A license or small loan endorsement issued in accordance with this chapter remains in force and effect until surrendered, suspended, or revoked, or until the license expires as a result of nonpayment of the annual assessment fee.[ 2003 c 86 § 4; 1996 c 13 § 1; 1995 c 18 § 5; 1994 c 92 § 277; 1991 c 355 § 4.]
WA Rev Code § 31.45.043 (2021)
2021 Revised Code of Washington|Title 31 - Miscellaneous Loan Agencies|Chapter 31.45 - Check Cashers and Sellers.|31.45.043 - Multistate licensing system—Director's discretion.

RCW 31.45.043 Multistate licensing system—Director's discretion.Applicants may be required to make application through a multistate licensing system as prescribed by the director. Existing licensees may be required to transition onto a multistate licensing system as prescribed by the director.[ 2012 c 17 § 8.]
WA Rev Code § 31.45.045 (2021)
2021 Revised Code of Washington|Title 31 - Miscellaneous Loan Agencies|Chapter 31.45 - Check Cashers and Sellers.|31.45.045 - Reports—Nationwide licensing system.

RCW 31.45.045 Reports—Nationwide licensing system.Each licensee on a nationwide licensing system shall submit reports of condition which must be in the form and must contain the information as the director may require.[ 2014 c 36 § 9.]
WA Rev Code § 31.45.060 (2021)
2021 Revised Code of Washington|Title 31 - Miscellaneous Loan Agencies|Chapter 31.45 - Check Cashers and Sellers.|31.45.060 - Licensee—Schedule of fee and charges—Recordkeeping.

RCW 31.45.060 Licensee—Schedule of fee and charges—Recordkeeping.(1) A schedule of the fees and the charges for the cashing and selling of checks, drafts, money orders, or other commercial paper serving the same purpose shall be conspicuously and continuously posted in every location licensed under this chapter. The licensee shall provide to its customer a receipt for each transaction. The receipt must include the name of the licensee, the type and amount of the transaction, and the fee or fees charged for the transaction.(2) Each licensee shall keep and maintain such business books, accounts, and records as the director may require to fulfill the purposes of this chapter. Every licensee shall preserve such books, accounts, and records as required in rule by the director for at least two years from the completion of the transaction. Records may be maintained on an electronic, magnetic, optical, or other storage media. However, the licensee must maintain the necessary technology to permit access to the records by the department for the period required under this chapter.(3) A check, draft, or money order sold by a licensee shall be drawn on an account of a licensee maintained in a federally insured financial institution authorized to do business in the state of Washington.[ 2003 c 86 § 6; 1994 c 92 § 279; 1991 c 355 § 6.]
WA Rev Code § 31.45.070 (2021)
2021 Revised Code of Washington|Title 31 - Miscellaneous Loan Agencies|Chapter 31.45 - Check Cashers and Sellers.|31.45.070 - Licensee—Permissible transactions—Restrictions.

RCW 31.45.070 Licensee—Permissible transactions—Restrictions.(1) No licensee may engage in a loan business; the negotiation of loans; or the discounting of notes, bills of exchange, checks, or other evidences of debt in the same premises where a check cashing or selling business is conducted, unless the licensee:(a) Is conducting the activities of pawnbroker as defined in RCW 19.60.010;(b) Is a properly licensed consumer loan company under chapter 31.04 RCW;(c) Is conducting other lending activity permitted in the state of Washington; or(d) Has a small loan endorsement issued under this chapter.(2) Except as otherwise permitted in this chapter, no licensee may at any time cash or advance any moneys on a postdated check or draft. However, a licensee may cash a check payable on the first banking day following the date of cashing if:(a) The check is drawn by the United States, the state of Washington, or any political subdivision of the state, or by any department or agency of the state or its subdivisions; or(b) The check is a payroll check drawn by an employer to the order of its employee in payment for services performed by the employee.(3) Except as otherwise permitted in this chapter, no licensee may agree to hold a check or draft for later deposit. A licensee must deposit all checks and drafts cashed by the licensee as soon as practicable.(4) No licensee may issue or cause to be issued any check, draft, or money order, or other commercial paper serving the same purpose, that is drawn upon the trust account of a licensee without concurrently receiving the full principal amount, in cash, or by check, draft, or money order from a third party believed to be valid.(5) Each licensee shall comply with all applicable state and federal statutes relating to the activities governed by this chapter.[ 2012 c 17 § 9; 2003 c 86 § 7; 1995 c 18 § 7; 1994 c 92 § 280; 1991 c 355 § 7.]
WA Rev Code § 31.45.077 (2021)
2021 Revised Code of Washington|Title 31 - Miscellaneous Loan Agencies|Chapter 31.45 - Check Cashers and Sellers.|31.45.077 - Small loan endorsement—Application—Form—Information—Exemption from disclosure—Fees.

RCW 31.45.077 Small loan endorsement—Application—Form—Information—Exemption from disclosure—Fees.(1) Each application for a small loan endorsement to a check casher or check seller license must be in writing and in a form prescribed by the director and shall contain the following information:(a) The legal name, residence, and business address of the applicant, and if the applicant is a partnership, corporation, or association, the name and address of every member, partner, officer, and director thereof;(b) The street and mailing address of each location where the licensee will engage in the business of making small loans;(c) A surety bond, or other security allowed under RCW 31.45.030, in the amount required; and(d) Any other pertinent information, including financial statements, as the director may require with respect to the licensee and its directors, officers, trustees, members, or employees.(2) Any information in the application regarding the licensee's personal residential address or telephone number, and any trade secrets of the licensee as defined under RCW 19.108.010 including any financial statement that is a trade secret, is exempt from the public records disclosure requirements of chapter 42.56 RCW.(3) The application shall be filed together with an investigation and review fee established by rule by the director. Fees collected shall be deposited to the credit of the financial services regulation fund in accordance with RCW 43.320.110.[ 2005 c 274 § 256; 2003 c 86 § 9; 2001 c 177 § 13; 1995 c 18 § 3.]NOTES:Effective date—2001 c 177: See note following RCW 43.320.080.
WA Rev Code § 31.45.079 (2021)
2021 Revised Code of Washington|Title 31 - Miscellaneous Loan Agencies|Chapter 31.45 - Check Cashers and Sellers.|31.45.079 - Making small loans—Agent for a licensee or exempt entity—Federal preemption.

RCW 31.45.079 Making small loans—Agent for a licensee or exempt entity—Federal preemption.A person may not engage in the business of making small loans as an agent for a licensee or exempt entity without first obtaining a small loan endorsement to a check casher or check seller license under this chapter. An agent of a licensee or exempt entity engaged in the business of making small loans is subject to this chapter. To the extent that federal law preempts the applicability of any part of this chapter, all other parts of this chapter remain in effect.[ 2003 c 86 § 10.]
WA Rev Code § 31.45.080 (2021)
2021 Revised Code of Washington|Title 31 - Miscellaneous Loan Agencies|Chapter 31.45 - Check Cashers and Sellers.|31.45.080 - Trust funds—Deposit requirements—Rules.

RCW 31.45.080 Trust funds—Deposit requirements—Rules.(1) All funds received by a licensee or its agents from the sale of checks, drafts, money orders, or other commercial paper serving the same purpose constitute trust funds owned by and belonging to the person from whom they were received or to the person who has paid the checks, drafts, money orders, or other commercial paper serving the same purpose.(2) All such trust funds shall be deposited in a bank, savings bank, or savings and loan association located in Washington state in an account or accounts in the name of the licensee designated "trust account," or by some other appropriate name indicating that the funds are not the funds of the licensee or of its officers, employees, or agents. Such funds are not subject to attachment, levy of execution, or sequestration by order of a court except by a payee, assignee, or holder in due course of a check, draft, or money order sold by a licensee or its agent. Funds in the trust account, together with funds and checks on hand and in the hands of agents held for the account of the licensee at all times shall be at least equal to the aggregate liability of the licensee on account of checks, drafts, money orders, or other commercial paper serving the same purpose that are sold.(3) The director shall adopt rules requiring the licensee to periodically withdraw from the trust account the portion of trust funds earned by the licensee from the sale of checks, drafts, money orders, or other commercial paper serving the same purpose. If a licensee has accepted, in payment for a check, draft, money order, or commercial paper serving the same purpose issued by the licensee, a check or draft that is subsequently dishonored, the director shall prohibit the withdrawal of earned funds in an amount necessary to cover the dishonored check or draft.(4) If a licensee or its agent commingles trust funds with its own funds, all assets belonging to the licensee or its agent are impressed with a trust in favor of the persons specified in subsection (1) of this section in an amount equal to the aggregate funds that should have been segregated. Such trust continues until an amount equal to the necessary aggregate funds have been deposited in accordance with subsection (2) of this section.(5) Upon request of the director, a licensee shall furnish to the director an authorization for examination of financial records of any trust fund account established for compliance with this section.(6) The director may adopt any rules necessary for the maintenance of trust accounts, including rules establishing procedures for distribution of trust account funds if a license is suspended, terminated, or not renewed.[ 1994 c 92 § 281; 1991 c 355 § 8.]
WA Rev Code § 31.45.084 (2021)
2021 Revised Code of Washington|Title 31 - Miscellaneous Loan Agencies|Chapter 31.45 - Check Cashers and Sellers.|31.45.084 - Small loan installment plan—Terms—Restrictions.

RCW 31.45.084 Small loan installment plan—Terms—Restrictions.(1) If a borrower notifies a licensee that the borrower will be or is unable to repay a loan when it is due, the licensee must inform the borrower that the borrower may convert their small loan to an installment plan. The licensee must convert the small loan to an installment plan at the borrower's request. Each agreement for a loan installment plan must be in writing and acknowledged by both the borrower and the licensee. The licensee may not assess any other fee, interest charge, or other charge on the borrower as a result of converting the small loan into an installment plan. This installment plan must provide for the payment of the total of payments due on the small loan over a period not less than ninety days for a loan amount of up to and including four hundred dollars. For a loaned amount over four hundred dollars, the installment plan must be a period not less than one hundred eighty days. The borrower may pay the total of installments at any time. The licensee may not charge any penalty, fee, or charge to the borrower for prepayment of the loan installment plan by the borrower. Each licensee shall conspicuously disclose to each borrower in the small loan agreement or small loan note that the borrower has access to such an installment plan. A licensee's violation of such an installment plan constitutes a violation of this chapter.(2) The licensee must return any postdated checks that the borrower has given to the licensee for the original small loan at the initiation of the installment plan.(3) A licensee may take postdated checks for installment plan payments at the time the installment plan is originated. If any check accepted as payment under the installment plan is dishonored, the licensee may not charge the borrower any fee for the dishonored check. If a borrower defaults on the installment plan, the licensee may charge the borrower a one-time installment plan default fee of twenty-five dollars.(4) If the licensee enters into an installment plan with the borrower through an accredited third party, with certified credit counselors, that is representing the borrower, the licensee's failure to comply with the terms of that installment plan constitutes a violation of this chapter.[ 2009 c 510 § 4; 2003 c 86 § 12.]NOTES:Finding—Intent—Liberal construction—2009 c 510: See note following RCW 31.45.010.Effective date—2003 c 86 § 12: "Section 12 of this act takes effect October 1, 2003." [ 2003 c 86 § 20.]
WA Rev Code § 31.45.085 (2021)
2021 Revised Code of Washington|Title 31 - Miscellaneous Loan Agencies|Chapter 31.45 - Check Cashers and Sellers.|31.45.085 - Loan application—Required statement—Rules.

RCW 31.45.085 Loan application—Required statement—Rules.(1)(a) In addition to other disclosures required by this chapter, the application for a small loan must include a statement that is substantially similar to the following: "At the time you repay this loan, you should have sufficient funds to meet your other financial obligations. If you cannot pay other bills because you are paying off this debt, you should go into the installment plan offered in connection with this loan."(b) The statement in (a) of this subsection must be on the front page of the loan application and must be in at least twelve point type.(2) The director may adopt rules to implement this section.[ 2009 c 510 § 5.]NOTES:Finding—Intent—Liberal construction—2009 c 510: See note following RCW 31.45.010.
WA Rev Code § 31.45.086 (2021)
2021 Revised Code of Washington|Title 31 - Miscellaneous Loan Agencies|Chapter 31.45 - Check Cashers and Sellers.|31.45.086 - Small loans—Right of rescission.

RCW 31.45.086 Small loans—Right of rescission.A borrower may rescind a loan, on or before the close of business on the next day of business at the location where the loan was originated, by returning the principal in cash or the original check disbursed by the licensee to fund the small loan. The licensee may not charge the borrower for rescinding the loan and shall return to the borrower any postdated check taken as security for the loan or any electronic equivalent. The licensee shall conspicuously disclose to the borrower this right of rescission in writing in the small loan agreement or small loan note.[ 2003 c 86 § 13.]
WA Rev Code § 31.45.088 (2021)
2021 Revised Code of Washington|Title 31 - Miscellaneous Loan Agencies|Chapter 31.45 - Check Cashers and Sellers.|31.45.088 - Small loans—Disclosure requirements—Advertising—Making loan.

RCW 31.45.088 Small loans—Disclosure requirements—Advertising—Making loan.(1) When advertising the availability of small loans, if a licensee includes in an advertisement the fee or interest rate charged by the licensee for a small loan, then the licensee shall also disclose the annual percentage rate resulting from this fee or interest rate.(2) When advertising the availability of small loans, compliance with all applicable state and federal laws and regulations, including the truth in lending act, 15 U.S.C. Sec. 1601 and Regulation Z, 12 C.F.R. Sec. [Part] 226 constitutes compliance with subsection (1) of this section.(3) When making a small loan, each licensee shall disclose to the borrower the terms of the small loan, including the principal amount of the small loan, the total of payments of the small loan, the fee or interest rate charged by the licensee on the small loan, and the annual percentage rate resulting from this fee or interest rate.(4) When making a small loan, disclosure of the terms of the small loan in compliance with all applicable state and federal laws and regulations, including the truth in lending act, 15 U.S.C. Sec. 1601 and Regulation Z, 12 C.F.R. Sec. [Part] 226 constitutes compliance with subsection (3) of this section.[ 2003 c 86 § 14.]
WA Rev Code § 31.45.090 (2021)
2021 Revised Code of Washington|Title 31 - Miscellaneous Loan Agencies|Chapter 31.45 - Check Cashers and Sellers.|31.45.090 - Report requirements—Disclosure of information—Rules.

RCW 31.45.090 Report requirements—Disclosure of information—Rules.(1) Each licensee shall submit to the director, in a form approved by the director, a report containing financial statements covering the calendar year or, if the licensee has an established fiscal year, then for such fiscal year, within one hundred five days after the close of each calendar or fiscal year. The licensee shall also file such additional relevant information as the director may require. Any information provided by a licensee in an annual report that constitutes a trade secret under chapter 19.108 RCW is exempt from disclosure under chapter 42.56 RCW, unless aggregated with information supplied by other licensees in such a manner that the licensee's individual information is not identifiable. Any information provided by the licensee that allows identification of the licensee may only be used for purposes reasonably related to the regulation of licensees to ensure compliance with this chapter.(2) A licensee whose license has been suspended or revoked shall submit to the director, at the licensee's expense, within one hundred five days after the effective date of such surrender or revocation, a closing audit report containing audited financial statements as of such effective date for the twelve months ending with such effective date.(3) The director shall adopt rules specifying the form and content of such audit reports and may require additional reporting as is necessary for the director to ensure compliance with this chapter.[ 2005 c 274 § 257; 2003 c 86 § 15; 1994 c 92 § 282; 1991 c 355 § 9.]
WA Rev Code § 31.45.093 (2021)
2021 Revised Code of Washington|Title 31 - Miscellaneous Loan Agencies|Chapter 31.45 - Check Cashers and Sellers.|31.45.093 - Information system—Access—Required information—Fees—Rules.

RCW 31.45.093 Information system—Access—Required information—Fees—Rules.(1) The director must, by contract with a vendor or service provider or otherwise, develop and implement a system by means of which a licensee may determine:(a) Whether a consumer has an outstanding small loan;(b) The number of small loans the consumer has outstanding;(c) Whether the borrower is eligible for a loan under RCW 31.45.073;(d) Whether the borrower is in an installment plan; and(e) Any other information necessary to comply with this chapter.(2) The director may specify the form and contents of the system by rule. Any system must provide that the information entered into or stored by the system is: (a) Accessible to and usable by licensees and the director from any location in this state; and(b) Secured against public disclosure, tampering, theft, or unauthorized acquisition or use.(3) If the system described in subsection (1) of this section is developed and implemented, a licensee making small loans under this chapter must enter or update the required information in subsection (1) of this section at the time that the small loan transaction is conducted by the licensee.(4) A licensee must continue to enter and update all required information for any loans subject to this chapter that are outstanding or have not yet expired after the date on which the licensee no longer has the license or small loan endorsement required by this chapter. Within ten business days after ceasing to make loans subject to this chapter, the licensee must submit a plan for continuing compliance with this subsection to the director for approval. The director must promptly approve or disapprove the plan and may require the licensee to submit a new or modified plan that ensures compliance with this subsection.(5) If the system described in subsection (1) of this section is developed and implemented, the director shall adopt rules to set the fees licensees shall pay to the vendor or service provider for the operation and administration of the system and the administration of this chapter by the department.(6) The director shall adopt rules establishing standards for the retention, archiving, and deletion of information entered into or stored by the system described in subsection (1) of this section.(7) The information in the system described in subsection (1) of this section is not subject to public inspection or disclosure under chapter 42.56 RCW.[ 2009 c 510 § 6.]NOTES:Finding—Intent—Liberal construction—2009 c 510: See note following RCW 31.45.010.