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TITLE 7BANKING AND SECURITIES
PART 5OFFICE OF CONSUMER CREDIT COMMISSIONER
CHAPTER 83REGULATED LENDERS AND CREDIT ACCESS BUSINESSES
SUBCHAPTER ARULES FOR REGULATED LENDERS
DIVISION 2AUTHORIZED ACTIVITIES
RULE §83.203Attempted Evasion of Applicability of Subchapter

A "device, subterfuge, or pretense to evade the application" of this subchapter, as used in Texas Finance Code, §342.051(b) refers to any transaction:

  (1) that in form may appear on its face to be something other than a loan, but in substance meets the definition of a loan as defined in Texas Finance Code, §301.002(a)(10); and

  (2) in which more than 10% annual interest, in substance, is being contracted for, charged, or received.


Source Note: The provisions of this §83.203 adopted to be effective January 4, 2007, 31 TexReg 10763; amended to be effective November 4, 2010, 35 TexReg 9698; amended to be effective July 10, 2014, 39 TexReg 5142

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