14
May

Texas Payday Loan Laws & License

Texas Credit Access Businesses

Texas Credit Access Businesses obtain credit for a consumer from an independent third-party lender in the form of a “deferred presentment transaction” or a “motor vehicle title loan,” more commonly referred to as “payday loans” or “title loans.”

In Texas, the actual third-party lender is not licensed; the credit access business that serves as the broker is the licensee in this Texas CAB/CSO regulated industry. The credit access business charges a fee to the consumer for obtaining the third-party loan; this fee is usually calculated as a percentage of the loan amount.

Texas-CSO-CAB-ManualThe unlicensed third-party lender charges a maximum of 10% interest annually. Often, the Texas third-party lender participates in consumer late and NSF fees thus increasing this 10% APR.

The borrower will sign a promissory note with the lender for the actual loan and a separate credit service agreement with the credit access business. Generally, all documents are signed at the credit access business location and payments are made directly to the credit access business.

The Texas CAB services the loan, markets the loan, and secures the consumer loan on behalf of the third-party lender.

Typically, Texas CAB’s charge $22 – $35 per $100 loaned for a period due on the consumer’s next payday.

CREDIT ACCESS BUSINESS LICENSING FORMS

Texas CAB Licensing Forms

New License Applications: Apply Online: ALECS

Personal Affidavit

Personal Employment History

Personal Questionnaire

Texas CAB Individual License Forms

Application for New License or Transfer of License

Application Questionnaire

Assignment of Statutory (Registered) Agent

Business Operations Plan

Disclosure of Principal Parties

Disclosure of Third-Party Lenders

Financial Statement-Personal

Financial Statement: Schedules 1 – 3

Financial Statement: Schedules 4 – 6

New Application Checklist

New Application Consent Form

Personal Affidavit

Personal Employment History 

Personal Financial Statement

Personal Questionnaire

Statement of Experience

Statement of Records/Record keeping