Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2025 | Updated by Findlaw Staff
Notwithstanding the provisions of KRS 286.4-530(10) or any other law, in any extension of credit under this subtitle, a licensee may charge and collect the following charges:
(1) A fee, or premium for insurance, in lieu of perfecting a security interest, except in no event shall the fee or premium exceed the fee payable to public officials for perfecting the security interest;
(2) A returned payment charge of twenty-five dollars ($25) or the amount passed on from other financial institutions and payment processors, whichever is greater, for each check, draft, electronic fund transfer, negotiable order of withdrawal, or electronic payment returned, unpaid, or otherwise dishonored for any reason, which charge the licensee may charge and collect through regular billing procedures, or otherwise, from the borrower;
(3) A reasonable attorney's fee, in connection with the collection of a loan, actually incurred by the licensee and paid or payable to an attorney who is not an employee of the licensee;
(4)(a) A loan processing fee of five percent (5%) of the original principal amount of the loan, which charge shall be limited to a maximum of one hundred fifty dollars ($150).
(b) Any loan processing fee collected up to, and including, seventy-five dollars ($75) shall be nonrefundable.
(c) In the event of prepayment, any portion of a loan processing fee above seventy-five dollars ($75) shall be subject to refund in the same manner as other charges pursuant to KRS 286.4-530(6).
(d) A loan processing fee may only be charged once on a loan within any ninety (90) day period;
(5)(a) An alternative to the default charge described in KRS 286.4-530(4), not to exceed five percent (5%) of each scheduled installment or fifteen dollars ($15), whichever is greater.
(b) Only one (1) charge may be collected for each scheduled installment;
(6) Costs or other expenses authorized for a secured party in accordance with KRS 355.9-207 and 355.9-607; and
(7) If the borrower requests loan funding in a manner other than by physical check, a funding fee of three dollars ($3) per loan for distributing the loan proceeds in the manner requested by the borrower.
Cite this article: FindLaw.com - Kentucky Revised Statutes Title XXV. Business and Financial Institutions § 286.4-533.Authorized charges for extension of credit - last updated January 01, 2025 | https://codes.findlaw.com/ky/title-xxv-business-and-financial-institutions/ky-rev-st-sect-286-4-533/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)