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Montana Consumer Loan Licensing

A consumer loan license is needed to engage in business as defined in the Montana Consumer Loan Act (Section 32-5-101, MCA).

 

**Memorandum: I-164 Interest Calculations - March 21, 2011**

 

Statute

Administrative Rules

Administrative Rule Notices

MAR Notice Number Topics Addressed in Notice Date
2-59-419 Notice of Amendment and Repeal:  Examination Fees; Dollar Amounts to Which Consumer Loan Rates are to be Applied 01/14/2010
2-59-419 Notice of Proposed Amendment and Repeal: Examination Fees; Dollar Amounts to Which Consumer Loan Rates are to be Applied 10/29/2009

 

Licensee Lists

Recent Legislation (2011 Regular Session)

Forms & Instructions

Memorandums

Wombold v. Associates Financial Services Company

On December 30, 2004, the Montana Supreme Court in Wombold v. Associates Financial Services Company, 2004 MT 397, 2004 Mont. LEXIS 680, held that prepaid finance charges, loan fees and discount points paid on the origination of real estate loans by Consumer Loan Licensees are prohibited by the Montana Consumer Loan Act. A copy of the case may be found on the Montana State Law Library website at http://www.lawlibrary.mt.gov/dscgi/ds.py/Get/File-37835/03-808.pdf.

Please seek the advice of competent legal counsel and structure all loans made after December 30, 2004 in accordance with this holding. If you have any questions, please contact the Division of Banking and Financial Institutions at (406) 841-2920.

Questions?

Division of Banking and Financial Institutions
301 South Park, Suite 316, PO Box 200546, Helena, MT 59620
Phone: (406) 841-2920 Fax: (406) 841-2930

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