Ohio Code § 1321.16
Ohio Code § 1321.16. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 1321.16.
(A) A licensee may make open-end loans pursuant to an agreement between the licensee
and the borrower whereby: (1) The licensee may permit the borrower to obtain advances of money from the licensee
from time to time or the licensee may advance money on behalf of the borrower from
time to time as directed by the borrower. (2) The amount of each advance and permitted interest, charges, and costs are debited
to the borrower's account and payments and other credits are credited to the same
account. (3) The interest and charges are computed on the unpaid balance or balances of the account
from time to time. (4) The borrower has the privilege of paying the account in full at any time or, if the
account is not in default, in monthly installments of fixed or determinable amounts
as provided in the agreement. For open-end loans, “ billing cycle ” means the time interval between periodic billing dates. A billing cycle shall be considered monthly if the closing date of the cycle is
the same date each month or does not vary by more than four days from such date. (B) Notwithstanding any other provisions of the Revised Code, a licensee may contract
for and receive interest for open-end loans at a rate or rates not exceeding those
provided in division (A) of section 1321.13 of the Revised Code and may compute interest in each billing cycle by either of the following methods: (1) By multiplying the daily rate or rates by the daily unpaid balance of the account,
in which case the daily rates are determined by dividing the annual rates by three
hundred sixty-five; (2) By multiplying the monthly rate or rates by the average daily unpaid balance of the
account in the billing cycle, in which case the average daily unpaid balance is the
sum of all of the daily unpaid balances each day during the cycle divided by the number
of days in the cycle. The monthly rates are determined by dividing the annual rates by twelve. The billing cycle shall be monthly and the unpaid balance on any day shall be determined
by adding to any balance unpaid as of the beginning of that day all advances and permitted
interest, charges, and costs and deducting all payments and other credits made or
received that day. (C) In addition to the interest permitted in division (B) of this section, a licensee
may charge and receive or add to the unpaid balance any or all of the following: (1) All charges and costs authorized by divisions (E) , (F) , (G) , (H) , and (J) of section 1321.13 of the Revised Code ; (2) An annual credit line charge, for the privilege of maintaining a line of credit,
for the first year not exceeding the greater of one per cent of the original credit
line or thirty dollars, and for subsequent years not exceeding twenty dollars; (3) A default charge on any required minimum payment not paid in full within ten days
after its due date. For this purpose, all required minimum payments are considered paid in the order
in which they become due. The amount of the default charge shall not exceed the greater of five per cent of
the required minimum payment or five dollars. (D) The borrower at any time may pay all or any part of the unpaid balance on the account
or, if the account is not in default, the borrower may pay the unpaid balance in installments
subject to minimum payment requirements as determined by the licensee and set forth
in the open-end loan agreement. (E) If credit life insurance or credit accident and health insurance is obtained by the
licensee and if the insured dies or becomes disabled when there is an outstanding
open-end loan indebtedness, the insurance shall be sufficient to pay the unpaid balance
on the loan due on the date of the borrower's death in the case of credit life insurance
or all minimum payments that become due on the loan during the covered period of disability
in the case of credit accident and health insurance. The additional charge for credit life insurance, credit accident and health insurance,
or unemployment insurance shall be calculated each billing cycle by applying the current
monthly premium rate for the insurance, filed by the insurer with the superintendent
of insurance and not disapproved by the superintendent, to the unpaid balances in
the borrower's account, using one of the methods specified in division (B) of this
section for the calculation of interest. No credit life insurance, credit accident and health insurance, or unemployment
insurance written in connection with an open-end loan shall be canceled by the licensee
because of delinquency of the borrower in making the required minimum payments on
the loan unless one or more such payments is past due for a period of thirty days
or more. The licensee shall advance to the insurer the amounts required to keep the insurance
in force during such period, which amounts may be debited to the borrower's account. (F) Whenever there is no unpaid balance in an open-end loan account, the account may
be terminated by written notice, by the borrower or the licensee, to the other party. If a licensee has taken a security interest in personal property to secure the open-end
loan, the licensee shall release the security interest and terminate any financing
statement in accordance with section 1309.513 of the Revised Code .
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 1321.16
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
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Not legal advice. Verify against the official source and consult a licensed Ohio attorney.
Common questions
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