§ 12-101. Definitions  


Latest version.



  •    (a) In general. -- In this subtitle the following words have the meanings indicated.

    (b) Borrower. -- "Borrower" means a person who borrows money under this subtitle.

    (c) Commercial loan. -- "Commercial loan" means a loan which is made:

       (1) Solely to acquire or carry on a business or commercial enterprise; or

       (2) To any business or commercial organization.

    (d) Effective rate of simple interest. -- "Effective rate of simple interest" means the yield to maturity rate of interest received or to be received by a lender on the face amount of a loan, computed in accordance with § 12-107 of this subtitle.

    (e) Interest. -- "Interest" means, except as specifically provided in § 12-105 of this subtitle, any compensation directly or indirectly imposed by a lender for the extension of credit for the use or forebearance of money, including any loan fee, origination fee, service and carrying charge, investigator's fee, time-price differential, and any amount payable as a discount or point or otherwise payable for services.

    (f) Lender. -- "Lender" means a person who makes a loan under this subtitle.

    (g) Person. -- "Person" includes an individual, corporation, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

    (h) Point. -- "Point" means a fee, premium, bonus, loan origination fee, service charge, or any other charge equal to 1 percent of the principal amount of a loan which is charged by the lender at or before the time the loan is made as additional compensation for the loan.

    (i) Simple interest. -- "Simple interest" means interest charged on the principal amount loaned to the borrower.

    (j) Stated rate of interest. -- "Stated rate of interest" means the annual rate of interest stated in percentage which appears on the face of the bond, draft, mortgage, deed of trust, security agreement, promissory note, or other instrument which evidences the indebtedness.

    (k) Usury. -- "Usury" means the charging of interest by a lender in an amount which is greater than that allowed by this subtitle.

    (l) Wages. -- "Wages" means all remuneration paid to any employee for his employment, including the cash value of all remuneration paid in any medium other than cash.


HISTORY: An. Code 1957, art. 49, § 1, 6, 7; 1975, ch. 49, § 3; 2005, ch. 25, § 13; 2010, ch. 611, § 2.