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IC 24-4.5
ARTICLE 4.5. UNIFORM CONSUMER CREDITCODE

IC 24-4.5-1
Chapter 1. General Provisions and Definitions

(Part 1. Short Title, Construction, General Provisions)

IC 24-4.5-1-101
Short title
Sec. 101. Short Title _ This Article shall be known and may becited as Uniform Consumer Credit Code.
(Formerly: Acts 1971, P.L.366, SEC.2.)

IC 24-4.5-1-102
Purposes; rules of construction; application to disguised consumercredit transactions; violations of other consumer credit laws,regulation, or rules; enforcing disclosure requirements formortgage transactions
Sec. 102. (1) This article shall be liberally construed and appliedto promote its underlying purposes and policies.
(2) The underlying purposes and policies of this article are:
(a) to simplify, clarify, and modernize the law governing retailinstallment sales, consumer credit, small loans, and usury;
(b) to provide rate ceilings to assure an adequate supply ofcredit to consumers;
(c) to further consumer understanding of the terms of credittransactions and to foster competition among suppliers ofconsumer credit so that consumers may obtain credit atreasonable cost;
(d) to protect consumer buyers, lessees, and borrowers againstunfair practices by some suppliers of consumer credit, havingdue regard for the interests of legitimate and scrupulouscreditors;
(e) to permit and encourage the development of fair andeconomically sound consumer credit practices;
(f) to conform the regulation of consumer credit transactions tothe policies of the Federal Consumer Credit Protection Act; and
(g) to make uniform the law including administrative rulesamong the various jurisdictions.
(3) A reference to a requirement imposed by this article includesreference to a related rule or guidance of the department adoptedpursuant to this article.
(4) A reference to a federal law in IC 24-4.5 is a reference to thelaw in effect December 31, 2009.
(5) This article applies to a transaction if the director determinesthat the transaction:
(a) is in substance a disguised consumer credit transaction; or
(b) involves the application of subterfuge for the purpose of

avoiding this article.
A determination by the director under this paragraph must be inwriting and shall be delivered to all parties to the transaction.IC 4-21.5-3 applies to a determination made under this paragraph.
(6) The authority of this article remains in effect, whether alicensee, an individual, or a person subject to this article acts orclaims to act under any licensing or registration law of this state, orclaims to act without such authority.
(7) A violation of a state or federal law, regulation, or ruleapplicable to consumer credit transactions is a violation of thisarticle.
(8) The department may enforce penalty provisions set forth in 15U.S.C. 1640 for violations of disclosure requirements applicable tomortgage transactions.
(Formerly: Acts 1971, P.L.366, SEC.2.) As amended by P.L.14-1992,SEC.2; P.L.122-1994, SEC.1; P.L.45-1995, SEC.2; P.L.176-1996,SEC.1; P.L.172-1997, SEC.1; P.L.80-1998, SEC.2; P.L.23-2000,SEC.1; P.L.63-2001, SEC.1 and P.L.134-2001, SEC.1; P.L.82-2002,SEC.1; P.L.258-2003, SEC.1; P.L.73-2004, SEC.15; P.L.141-2005,SEC.1; P.L.10-2006, SEC.1 and P.L.57-2006, SEC.1; P.L.213-2007,SEC.5; P.L.217-2007, SEC.4; P.L.90-2008, SEC.4;P.L.182-2009(ss), SEC.370; P.L.35-2010, SEC.36.

IC 24-4.5-1-103
Supplementary general principles of law applicable
Sec. 103. Unless displaced by the particular provisions of thisarticle, the Uniform Commercial Code (IC 26-1) and the principlesof law and equity (including the law relative to capacity to contract,principal and agent, estoppel, fraud, misrepresentation, duress,coercion, mistake, bankruptcy, or other validating or invalidatingcause) shall supplement its provisions.
(Formerly: Acts 1971, P.L.366, SEC.2.) As amended byP.L.152-1986, SEC.57.

IC 24-4.5-1-104
Construction against implicit repeal
Sec. 104. Construction Against Implicit Repeal _ This Articlebeing a general act intended as a unified coverage of its subjectmatter, no part of it shall be deemed to be impliedly repealed bysubsequent legislation if such construction can reasonably beavoided.
(Formerly: Acts 1971, P.L.366, SEC.2.)

IC 24-4.5-1-105
Severability
Sec. 105. Severability _ If any provisions of this Article or theapplication thereof to any person or circumstances is held invalid, theinvalidity does not affect other provisions or applications of thisArticle which can be given effect without the invalid provision orapplication, and to this end the provisions of this Article are

severable.
(Formerly: Acts 1971, P.L.366, SEC.2.)

IC 24-4.5-1-106
Adjustment of dollar amounts
Sec. 106. (1) The dollar amounts in this article designated assubject to change shall change, as provided in this section, accordingto the Consumer Price Index for Urban Wage Earners and ClericalWorkers: U.S. City Average, All Items, 1957-59 equals 100,compiled by Bureau of Labor Statistics, United States Department ofLabor, and referred to in this section as the Index. The Index forOctober, 1971, is the Reference Base Index.
(2) The dollar amounts shall change on July 1 of eacheven-numbered year if the percentage of change, calculated to thenearest whole percentage point, between the Index at the end of thepreceding year and the Reference Base Index is ten percent (10%) ormore, except that:
(a) the portion of the percentage change in the Index in excessof a multiple of ten percent (10%) shall be disregarded and thedollar amounts shall change only in multiples of ten percent(10%) of the amounts on March 5, 1971;
(b) the dollar amounts shall not change if the amounts requiredby this section are those currently in effect pursuant to thisarticle as a result of earlier application of the section; and
(c) in no event shall the dollar amounts be reduced below theamounts appearing in this article on March 5, 1971.
(3) If the Index is revised after December 1967, the percentage ofchange shall be calculated on the basis of the revised Index. If therevision of the Index changes the Reference Base Index, a revisedReference Base Index shall be determined by multiplying theReference Base Index by the ratio of the revised Index to the currentIndex, as each was for the first month in which the revised Index isavailable. If the Index is superseded, the Index is the one representedby the Bureau of Labor Statistics as reflecting most accuratelychanges in the purchasing power of the dollar for consumers.
(4) The department shall issue an emergency rule announcing:
(a) on or before April 30 of each year in which dollar amountsare to change, the changes in dollar amounts required bysubsection (2); and
(b) promptly after the changes occur, changes in the Indexrequired by subsection (3), including, when applicable, thenumerical equivalent of the Reference Base Index under arevised Reference Base Index and the designation or title of anyindex superseding the Index.
(5) A person does not violate this article through a transactionotherwise complying with this article if the person relies on dollaramounts either determined according to subsection (2) or appearingin the last rule of the department announcing the then current dollaramounts.
(Formerly: Acts 1971, P.L.366, SEC.2; Acts 1972, P.L.182, SEC.1;

Acts 1972, P.L.182, SEC.2.) As amended by P.L.152-1986, SEC.58;P.L.3-1990, SEC.84; P.L.14-1992, SEC.3; P.L.1-1994, SEC.117;P.L.122-1994, SEC.2.

IC 24-4.5-1-107
Waiver; agreement to forego rights; settlement of claims
Sec. 107. Waiver; Agreement to Forego Rights; Settlement ofClaims - (1) Except as otherwise provided in this Article, a buyer,lessee, or debtor may not waive or agree to forego rights or benefitsunder this Article.
(2) A claim by a buyer, lessee, or debtor against a creditor for anexcess charge, other violation of this Article, or civil penalty, or aclaim against a buyer, lessee, or debtor for default or breach of a dutyimposed by this Article, if disputed in good faith, may be settled byagreement.
(3) A claim, whether or not disputed against a buyer, lessee ordebtor may be settled for less value than the amount claimed.
(4) A settlement in which the buyer, lessee, or debtor waives oragrees to forego rights or benefits under this Article is invalid if thecourt as a matter of law finds the settlement to have beenunconscionable at the time it was made. The competence of thebuyer, lessee, or debtor, any deception or coercion practiced uponhim, the nature and extent of the legal advice received by him, andthe value of the consideration are relevant to the issue ofunconscionability.
(Formerly: Acts 1971, P.L.366, SEC.2.)

IC 24-4.5-1-108
Effect on powers of organizations
Sec. 108. (1) This article prescribes maximum charges for allcreditors, except lessors and those excluded (IC 24-4.5-1-202),extending consumer credit, including consumer credit sales (IC24-4.5-1-301.5(8)), consumer loans (IC 24-4.5-1-301.5(9)), andconsumer related sales and loans (IC 24-4.5-2-602 andIC 24-4.5-3-602), and displaces existing limitations on the powers ofthose creditors based on maximum charges.
(2) With respect to sellers of goods or services, small loancompanies, licensed lenders, consumer and sales finance companies,industrial loan and investment companies, and commercial banks andtrust companies, this article displaces existing limitations on theirpowers based solely on amount or duration of credit.
(3) Except as provided in subsection (1) and IC 24-4.6-1, thisarticle does not displace limitations on powers of credit unions,savings banks, savings or building and loan associations, or otherthrift institutions whether organized for the profit of shareholders oras mutual organizations.
(4) Except as provided in subsections (1) and (2), this article doesnot displace:
(a) limitations on powers of depository institutions (IC24-4.5-1-301.5) with respect to the amount of a loan to a single

borrower, the ratio of a loan to the value of collateral, theduration of a loan that is a mortgage transaction, or othersimilar restrictions designed to protect deposits; or
(b) limitations on powers an organization is authorized toexercise under the laws of this state or the United States.
(Formerly: Acts 1971, P.L.366, SEC.2; Acts 1974, P.L.115, SEC.3.)As amended by P.L.14-1992, SEC.4; P.L.122-1994, SEC.3;P.L.35-2010, SEC.37.

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IC 24-4.5-1-109
Persons licensed or authorized on October 1, 1971
Sec. 109. All persons licensed on October 1, 1971, under:
(1) IC 24-5-4 (before its repeal on October 1, 1971);
(2) IC 28-7-4 (before its repeal on October 1, 1971);
(3) IC 28-7-2 (before its repeal on October 1, 1971); or
(4) IC 28-5-1-4;
are licensed to make supervised loans under this article, subject tothe renewal provisions contained in this article. All provisions of thisarticle apply to the persons previously licensed or authorized. Thedepartment may deliver evidence of licensing to the personspreviously licensed or authorized.
As added by P.L.5-1988, SEC.128. Amended by P.L.3-1990, SEC.85;P.L.14-1992, SEC.5; P.L.35-2010, SEC.38.

IC 24-4.5-1-201
Territorial application; activities in other states by industrial loanand investment companies
Sec. 201. (1) Except as otherwise provided in this section, thisarticle applies to sales, leases, and loans made in this state and tomodifications, including refinancings, consolidations, and deferrals,made in this state, of sales, leases, and loans, wherever made. Forpurposes of this article, the following apply:
(a) A sale or modification of a sale agreement is made in thisstate if the buyer's agreement or offer to purchase or to modifyis received by the seller or a person acting on behalf of theseller in this state.
(b) A lease or modification of a lease agreement is made in thisstate if the lessee's agreement or offer to lease or to modify isreceived by the lessor or a person acting on behalf of the lessorin this state.
(c) A loan or modification of a loan agreement is made in thisstate if a writing signed by the debtor and evidencing the debtis received by the lender or a person acting on behalf of thelender in this state.
(d) Except as provided in subdivision (e), a sale, lease, or loantransaction occurs in Indiana if a consumer who is a resident ofIndiana enters into a consumer sale, lease, or loan transactionwith a creditor or a person acting on behalf of the creditor inanother state and the creditor or the person acting on behalf ofthe creditor has advertised or solicited sales, leases, or loans in

Indiana by any means, including by mail, brochure, telephone,print, radio, television, the Internet, or electronic means.However, during the period beginning July 1, 2007, and endingJune 30, 2009, this subdivision does not apply to an affiliate ora subsidiary of a financial corporation issued a certificate ofauthority to operate as an industrial loan and investmentcompany under IC 28-5 if all of the following apply:
(i) The industrial loan and investment company notifies thedepartment in writing that an affiliate or a subsidiary of theindustrial loan and investment company engages or plans toengage in activity involving Indiana residents at an out ofstate location. The notification required by this clause mustlist all states other than Indiana in which consumer loansmay be made and must describe the nature of the proposedtransactions.
(ii) The industrial loan and investment company provideswritten consent allowing the department to consult with andreview information provided by other state regulators, asmay be requested by the department, concerning theactivities identified in clause (i) of any affiliate or subsidiaryengaging in consumer lending to Indiana residents in thestates identified under clause (i).
(iii) The industrial loan and investment company provideswritten consent allowing the department to inspect orexamine all out of state locations in which an affiliate or asubsidiary of the industrial loan and investment companyengages in the activities identified under clause (i) for thepurpose of investigating the affiliate's or subsidiary'sconsumer lending practices involving Indiana residents. Aninspection or examination performed by the departmentunder this clause is subject to the schedule of feesestablished by the department under IC 28-11-3-5.
(e) A sale, lease, or loan transaction does not occur in Indianaif a consumer who is a resident of Indiana enters into aconsumer sale, lease, or loan transaction secured by an interestin land located outside Indiana.
For purposes of subdivisions (a) through (c), an offer is received bya creditor or a person acting on behalf of the creditor in Indiana if theoffer is physically delivered, or otherwise transmitted orcommunicated, to a person who has actual or apparent authority toact for the creditor or the person acting on behalf of the creditor inIndiana, regardless of whether approval, acceptance, or ratificationby any other agent or representative of the creditor or the personacting on behalf of the creditor in another state is necessary to givelegal consequence to the consumer credit transaction.
(2) IC 24-4.5-5-101 through IC 24-4.5-5-108 apply to actions orother proceedings brought in this state to enforce rights arising fromconsumer credit sales, consumer leases, or consumer loans, orextortionate extensions of credit, wherever made.
(3) Except as provided in subsection (2), a sale, lease, loan, or

modification thereof, made in another state to a person who was nota resident of this state when the sale, lease, loan, or modification wasmade is valid and enforceable in this state according to its terms tothe extent that it is valid and enforceable under the laws of the stateapplicable to the transaction.
(4) For the purposes of this article, the residence of a buyer,lessee, or debtor is the address given by the buyer, lessee, or debtoras the buyer's, lessee's, or debtor's residence in any writing orelectronic communication made by the buyer, lessee, or debtor inconnection with a credit transaction. Until the buyer, lessee, ordebtor notifies the creditor or the person acting on behalf of thecreditor of a new or different address, the given address is presumedto be unchanged.
(5) Notwithstanding other provisions of this section:
(a) except as provided in subsection (2), this article does notapply if the buyer, lessee, or debtor is not a resident of this stateat the time of a credit transaction and the parties then agree thatthe law of the buyer's, lessee's, or debtor's residence applies;and
(b) this article applies if the buyer, lessee, or debtor is a residentof this state at the time of a credit transaction and the partiesthen agree that the law of this state applies.
(6) Except as provided in subsection (5), the following agreementsby a buyer, lessee, or debtor are invalid with respect to consumercredit sales, consumer leases, consumer loans, or modificationsthereof, to which this article applies:
(a) that the law of another state shall apply;
(b) that the buyer, lessee, or debtor consents to the jurisdictionof another state; and
(c) that fixes venue.
(7) The following provisions of this article specify the applicablelaw governing certain cases:
(a) applicability (IC 24-4.5-6-102) of the provisions on powersand functions of the department; and
(b) applicability (IC 24-4.5-6-201) of the provisions onnotification and fees.
(8) If a creditor or a person acting on behalf of the creditor hasviolated the provisions of this article that apply to the authority tomake consumer loans (IC 24-4.5-3-502), the loan is void and thedebtor is not obligated to pay either the principal or loan financecharge, as set forth in IC 24-4.5-5-202.
(Formerly: Acts 1971, P.L.366, SEC.2.) As amended by Acts 1979,P.L.236, SEC.1; P.L.152-1986, SEC.59; P.L.252-1987, SEC.5;P.L.14-1992, SEC.6; P.L.122-1994, SEC.4; P.L.10-2006, SEC.2 andP.L.57-2006, SEC.2; P.L.213-2007, SEC.6; P.L.217-2007, SEC.5;P.L.90-2008, SEC.5.

IC 24-4.5-1-202
Exclusions
Sec. 202. This article does not apply to the following: (1) Extensions of credit to government or governmentalagencies or instrumentalities.
(2) The sale of insurance by an insurer, except as otherwiseprovided in the chapter on insurance (IC 24-4.5-4).
(3) Transactions under public utility, municipal utility, orcommon carrier tariffs if a subdivision or agency of this state orof the United States regulates the charges for the servicesinvolved, the charges for delayed payment, and any discountallowed for early payment.
(4) The rates and charges and the disclosure of rates andcharges of a licensed pawnbroker established in accordancewith a statute or ordinance concerning these matters.
(5) A sale of goods, services, or an interest in land in which thegoods, services, or interest in land are purchased primarily fora purpose other than a personal, family, or household purpose.
(6) A loan in which the debt is incurred primarily for a purposeother than a personal, family, or household purpose.
(7) An extension of credit primarily for a business, acommercial, or an agricultural purpose.
(8) An installment agreement for the purchase of home fuels inwhich a finance charge is not imposed.
(9) Loans made, insured, or guaranteed under a programauthorized by Title IV of the Higher Education Act of 1965 (20U.S.C. 1070 et seq.).
(10) Transactions in securities or commodities accounts inwhich credit is extended by a broker-dealer registered with theSecurities and Exchange Commission or the CommodityFutures Trading Commission.
(11) Except for IC 24-4.5-3-502.1(2), IC 24-4.5-3-503.3,IC 24-4.5-3-505(4), and IC 24-4.5-3-505(5), a loan made:
(A) in compliance with the requirements of; and
(B) by a community development corporation (as defined inIC 4-4-28-2) acting as a subrecipient of funds from;
the Indiana housing and community development authorityestablished by IC 5-20-1-3.
(12) Except for IC 24-4.5-3-502.1(2), IC 24-4.5-3-503.3,IC 24-4.5-3-505(4), and IC 24-4.5-3-505(5), a subordinate lienmortgage transaction made by an entity that exclusively usesfunds provided by the United States Department of Housing andUrban Development under Title 1 of the Housing andCommunity Development Act of 1974, Public Law 93-383, asamended (42 U.S.C. 5301 et seq).
(Formerly: Acts 1971, P.L.366, SEC.2.) As amended by Acts 1981,P.L.217, SEC.1; Acts 1982, P.L.149, SEC.1; P.L.247-1983, SEC.1;P.L.14-1992, SEC.7; P.L.176-1996, SEC.2; P.L.73-2004, SEC.16;P.L.1-2006, SEC.410 and P.L.181-2006, SEC.57; P.L.35-2010,SEC.39.

IC 24-4.5-1-203
Repealed (Repealed by P.L.35-2010, SEC.209.)

IC 24-4.5-1-204
Regulation of individuals also conducting loan brokerage business;department's cooperation with securities commissioner
Sec. 204. In examinations or other regulatory activities conductedby the department and related to licensees under this article, thedepartment may cooperate with the Indiana securities commissionerin the regulation of individuals who, in addition to conductingbusiness regulated under this article, also conduct a loan brokerbusiness subject to IC 23-2-5.
As added by P.L.35-2010, SEC.40.

(Part 3. Definitions)

IC 24-4.5-1-301
Repealed
(Repealed by P.L.35-2010, SEC.209.)

IC 24-4.5-1-301.5
Definitions
Sec. 301.5. In addition to definitions appearing in subsequentchapters in this article, the following definitions apply throughoutthis article:
(1) 'Affiliate', with respect to any person subject to this article,means a person that, directly or indirectly, through one (1) or moreintermediaries:
(a) controls;
(b) is controlled by; or
(c) is under common control with;
the person subject to this article.
(2) 'Agreement' means the bargain of the parties in fact as foundin their language or by implication from other circumstances,including course of dealing or usage of trade or course ofperformance.
(3) 'Agricultural purpose' means a purpose related to theproduction, harvest, exhibition, marketing, transportation,processing, or manufacture of agricultural products by a naturalperson who cultivates, plants, propagates, or nurtures the agriculturalproducts. 'Agricultural products' includes agricultural, horticultural,viticultural, and dairy products, livestock, wildlife, poultry, bees,forest products, fish and shellfish, and any and all products raised orproduced on farms and any processed or manufactured productsthereof.
(4) 'Average daily balance' means the sum of each of the dailybalances in a billing cycle divided by the number of days in thebilling cycle, and if the billing cycle is a month, the creditor mayelect to treat the number of days in each billing cycle as thirty (30).
(5) 'Closing costs' with respect to a subordinate lien mortgagetransaction includes: (a) fees or premiums for title examination, title insurance, orsimilar purposes, including surveys;
(b) fees for preparation of a deed, settlement statement, or otherdocuments;
(c) escrows for future payments of taxes and insurance;
(d) fees for notarizing deeds and other documents;
(e) appraisal fees; and
(f) fees for credit reports.
(6) 'Conspicuous' refers to a term or clause when it is so writtenthat a reasonable person against whom it is to operate ought to havenoticed it.
(7) 'Consumer credit' means credit offered or extended to aconsumer primarily for a personal, family, or household purpose.
(8) 'Consumer credit sale' is a sale of goods, services, or aninterest in land in which:
(a) credit is granted by a person who regularly engages as aseller in credit transactions of the same kind;
(b) the buyer is a person other than an organization;
(c) the goods, services, or interest in land are purchasedprimarily for a personal, family, or household purpose;
(d) either the debt is payable in installments or a finance chargeis made; and
(e) with respect to a sale of goods or services, either the amountfinanced does not exceed fifty thousand dollars ($50,000) or thedebt is secured by personal property used or expected to be usedas the principal dwelling of the buyer.
Unless the sale is made subject to this article by agreement (IC24-4.5-2-601), 'consumer credit sale' does not include a sale inwhich the seller allows the buyer to purchase goods or servicespursuant to a lender credit card or similar arrangement or except asprovided with respect to disclosure (IC 24-4.5-2-301), debtors'remedies (IC 24-4.5-5-201), providing payoff amounts (IC24-4.5-2-209), and powers and functions of the department (IC24-4.5-6-101), a sale of an interest in land which is a first lienmortgage transaction.
(9) 'Consumer loan' means a loan made by a person regularlyengaged in the business of making loans in which:
(a) the debtor is a person other than an organization;
(b) the debt is primarily for a personal, family, or householdpurpose;
(c) either the debt is payable in installments or a loan financecharge is made; and
(d) either:
(i) the principal does not exceed fifty thousand dollars($50,000); or
(ii) the debt is secured by an interest in land or by personalproperty used or expected to be used as the principaldwelling of the debtor.
Except as described in IC 24-4.5-3-105 of this chapter, the term doesnot include a first lien mortgage transaction. (10) 'Credit' means the right granted by a creditor to a debtor todefer payment of debt or to incur debt and defer its payment.
(11) 'Creditor' means a person:
(a) who regularly engages in the extension of consumer creditthat is subject to a credit service charge or loan finance charge,as applicable, or is payable by written agreement in more thanfour (4) installments (not including a down payment); and
(b) to whom the obligation is initially payable, either on theface of the note or contract, or by agreement when there is nota note or contract.
(12) 'Depository institution' has the meaning set forth in thefederal Federal Deposit Insurance Act (12 U.S.C. 1813(c)) andincludes any credit union.
(13) 'Director' means the director of the department of financialinstitutions or the director's designee.
(14) 'Dwelling' means a residential structure that contains one (1)to four (4) units, regardless of whether the structure is attached toreal property. The term includes an individual:
(a) condominium unit;
(b) cooperative unit;
(c) mobile home; or
(d) trailer;
that is used as a residence.
(15) 'Earnings' means compensation paid or payable for personalservices, whether denominated as wages, salary, commission, bonus,or otherwise, and includes periodic payments under a pension orretirement program.
(16) 'Employee' means an individual who is paid wages or othercompensation by an employer required under federal income tax lawto file Form W-2 on behalf of the individual.
(17) 'Federal banking agencies' means the Board of Governorsof the Federal Reserve System, the Comptroller of the Currency, theOffice of Thrift Supervision, the National Credit UnionAdministration, and the Federal Deposit Insurance Corporation.
(18) 'First lien mortgage transaction' means:
(a) a loan; or
(b) a consumer credit sale;
that is or will be used by the debtor primarily for personal, family, orhousehold purposes and that is secured by a mortgage, a landcontract, or another equivalent consensual security interest thatconstitutes a first lien on a dwelling or residential real estate.
(19) 'Immediate family member' means a spouse, child, sibling,parent, grandparent, or grandchild. The term includes stepparents,stepchildren, stepsiblings, and adoptive relationships.
(20) 'Individual' means a natural person.
(21) 'Lender credit card or similar arrangement' means anarrangement or loan agreement, other than a seller credit card,pursuant to which a lender gives a debtor the privilege of using acredit card, letter of credit, or other credit confirmation oridentification in transactions out of which debt arises: (a) by the lender's honoring a draft or similar order for thepayment of money drawn or accepted by the debtor;
(b) by the lender's payment or agreement to pay the debtor'sobligations; or
(c) by the lender's purchase from the obligee of the debtor'sobligations.
(22) 'Licensee' means a person licensed as a creditor under thisarticle.
(23) 'Loan brokerage business' means any activity in which aperson, in return for any consideration from any source, procures,attempts to procure, or assists in procuring, a mortgage transactionfrom a third party or any other person, whether or not the personseeking the mortgage transaction actually obtains the mortgagetransaction.
(24) 'Loan processor or underwriter' means an individual whoperforms clerical or support duties as an employee at the direction of,and subject to the supervision and instruction of, a person licensedor exempt from licensing under this article. For purposes of thissubsection, the term 'clerical or support duties' may include, afterthe receipt of an application, the following:
(a) The receipt, collection, distribution, and analysis ofinformation common for the processing or underwriting of amortgage transaction.
(b) The communication with a consumer to obtain theinformation necessary for the processing or underwriting of aloan, to the extent that the communication does not include:
(i) offering or negotiating loan rates or terms; or
(ii) counseling consumers about mortgage transaction ratesor terms.
An individual engaging solely in loan processor or underwriteractivities, shall not represent to the public through advertising orother means of communicating or providing information, includingthe use of business cards, stationery, brochures, signs, rate lists, orother promotional items, that the individual can or will perform anyof the activities of a mortgage loan originator.
(25) 'Mortgage loan originator' means an individual who, forcompensation or gain, or in the expectation of compensation or gain,engages in taking a mortgage transaction application or in offeringor negotiating the terms of a mortgage transaction that either is madeunder this article or under IC 24-4.5 or is made by an employee of aperson licensed or exempt from licensing under this article or underIC 24-4.5, while the employee is engaging in the loan brokeragebusiness. The term does not include the following:
(a) An individual engaged solely as a loan processor orunderwriter as long as the individual works exclusively as anemployee of a person licensed or exempt from licensing underthis article.
(b) Unless the person or entity is compensated by:
(i) a creditor;
(ii) a loan broker; (iii) other mortgage loan originator; or
(iv) any agent of the creditor, loan broker, or other mortgageloan originator described in items (i) through (iii);
a person or entity that only performs real estate brokerageactivities and is licensed or registered in accordance withapplicable state law.
(c) A person solely involved in extensions of credit relating totimeshare plans (as defined in 11 U.S.C. 101(53D)).
(26) 'Mortgage servicer' means the last person to whom amortgagor or the mortgagor's successor in interest has beeninstructed by a mortgagee to send payments on a loan secured by amortgage.
(27) 'Mortgage transaction' means:
(a) a loan; or
(b) a consumer credit sale;
that is or will be used by the debtor primarily for personal, family, orhousehold purposes and that is secured by a mortgage, a landcontract, or another equivalent consensual security interest on adwelling or residential real estate.
(28) 'Nationwide Mortgage Licensing System and Registry' or'NMLSR' means a mortgage licensing system developed andmaintained by the Conference of State Bank Supervisors and theAmerican Association of Residential Mortgage Regulators for thelicensing and registration of creditors and mortgage loan originators.
(29) 'Nontraditional mortgage product' means any mortgageproduct other than a thirty (30) year fixed rate mortgage.
(30) 'Official fees' means:
(a) fees and charges prescribed by law which actually are orwill be paid to public officials for determining the existence ofor for perfecting, releasing, or satisfying a security interestrelated to a consumer credit sale, consumer lease, or consumerloan; or
(b) premiums payable for insurance in lieu of perfecting asecurity interest otherwise required by the creditor inconnection with the sale, lease, or loan, if the premium does notexceed the fees and charges described in paragraph (a) thatwould otherwise be payable.
(31) 'Organization' means a corporation, a government orgovernmental subdivision, an agency, a trust, an estate, a partnership,a limited liability company, a cooperative, an association, a jointventure, an unincorporated organization, or any other entity, howeverorganized.
(32) 'Payable in installments' means that payment is required orpermitted by written agreement to be made in more than four (4)installments not including a down payment.
(33) 'Person' includes an individual or an organization.
(34) 'Person related to' with respect to an individual means:
(a) the spouse of the individual;
(b) a brother, brother-in-law, sister, or sister-in-law of theindividual; (c) an ancestor or lineal descendants of the individual or theindividual's spouse; and
(d) any other relative, by blood or marriage, of the individual orthe individual's spouse who shares the same home with theindividual.
(35) 'Person related to' with respect to an organization means:
(a) a person directly or indirectly controlling, controlled by, orunder common control with the organization;
(b) a director, an executive officer, or a manager of theorganization or a person performing similar functions withrespect to the organization or to a person related to theorganization;
(c) the spouse of a person related to the organization; and
(d) a relative by blood or marriage of a person related to theorganization who shares the same home with the person.
(36) 'Presumed' or 'presumption' means that the trier of factmust find the existence of the fact presumed, unless and untilevidence is introduced that would support a finding of itsnonexistence.
(37) 'Real estate brokerage activity' means any activity thatinvolves offering or providing real estate brokerage services to thepublic, including the following:
(a) Acting as a real estate agent or real estate broker for a buyer,seller, lessor, or lessee of real property.
(b) Bringing together parties interested in the sale, purchase,lease, rental, or exchange of real property.
(c) Negotiating, on behalf of any party, any part of a contractrelating to the sale, purchase, lease, rental, or exchange of realproperty (other than in connection with providing financingwith respect to the sale, purchase, lease, rental, or exchange ofreal property).
(d) Engaging in any activity for which a person is required to beregistered or licensed as a real estate agent or real estate brokerunder any applicable law.
(e) Offering to engage in any activity, or act in any capacity,described in this subsection.
(38) 'Registered mortgage loan originator' means any individualwho:
(a) meets the definition of mortgage loan originator and is anemployee of:
(i) a depository institution;
(ii) a subsidiary that is owned and controlled by a depositoryinstitution and regulated by a federal banking agency; or
(iii) an institution regulated by the Farm CreditAdministration; and
(b) is registered with, and maintains a unique identifier through,the NMLSR.
(39) 'Regularly engaged' means a person who extends consumercredit:
(a) more than twenty-five (25) times; or (b) at least one (1) time for a mortgage transaction secured bya dwelling;
in the preceding calendar year. If a person did not meet thesenumerical standards in the preceding calendar year, the numericalstandards shall be applied to the current calendar year.
(40) 'Residential real estate' means any real property that islocated in Indiana and on which there is located or intended to beconstructed a dwelling.
(41) 'Seller credit card' means an arrangement that gives to abuyer or lessee the privilege of using a credit card, letter of credit, orother credit confirmation or identification for the purpose ofpurchasing or leasing goods or services from that person, a personrelated to that person, or from that person and any other person. Theterm includes a card that is issued by a person, that is in the name ofthe seller, and that can be used by the buyer or lessee only forpurchases or leases at locations of the named seller.
(42) 'Subordinate lien mortgage transaction' means:
(a) a loan; or
(b) a consumer credit sale;
that is or will be used by the debtor primarily for personal, family, orhousehold purposes and that is secured by a mortgage, a landcontract, or another equivalent consensual security interest thatconstitutes a subordinate lien on a dwelling or residential real estate.
(43) 'Unique identifier' means a number or other identifierassigned by protocols established by the NMLSR.
As added by P.L.35-2010, SEC.41.

IC 24-4.5-1-302
Federal Consumer Credit Protection Act
Sec. 302. Federal Consumer Credit Protection Act _ In thisArticle 'Federal Consumer Credit Protection Act' means theConsumer Credit Protection Act (Public Law 90-321; 82 Stat. 146),as amended, and includes both the Truth in Lending Simplificationand Reform Act amendments (Public Law 96-221, Title VI, 94 Stat.168) and any regulations issued pursuant to those laws. However, thedepartment may otherwise define this term by rule issued inaccordance with IC 24-4.5-6-107.
(Formerly: Acts 1971, P.L.366, SEC.2.) As amended by Acts 1982,P.L.149, SEC.2; P.L.14-1992, SEC.10.

IC 24-4.5-1-303
Repealed
(Repealed by P.L.35-2010, SEC.209.)

TOKYO--(BUSINESS WIRE)--Toshiba Electronic Devices & Storage Corporation ('Toshiba') today announced the launch of 'TB9045FNG,' a general-purpose system power IC with multiple outputs achieving functional safety^[1] for automotive applications. The new IC is available in four versions, with output voltages ranging from 1.1V to 1.5V. Mass production is scheduled to start this month.

More and more safety-critical automotive systems, such as electric power steering (EPS) and braking, are required to meet the requirements of ASIL-D^[2], the highest automotive safety integrity level prescribed in the ISO 26262 functional safety standards.

The new IC integrates various failure detection functions, such as high-voltage and low-voltage detection, overheat detection, and frequency monitoring of power supply circuit, to monitor against the IC’s own failure, and a watchdog timer to monitor failure detection of the external microcontroller. An initial diagnosis circuit to detect latent faults in the failure detection circuits is also incorporated to secure higher functional safety.

Toshiba has also carried out a range of functional safety analyses to simulate system failures and will provide customers with documentation, such as functional safety FMEDA^[3], to support overall safety analysis and design.

Main Features

1. Built-in buck-boost DC-DC converter
   The IC generates 6V output from a high efficiency buck-boost DC-DC converter.
   In consideration of voltage drop after idling reduction, the low side operating voltage range is improved down to 2.7V (min.) with battery operation.
2. Built-in buck DC-DC converter (Voltage selectable)
   The 6V input power generated by the buck-boost DC-DC converter is converted to output voltages of 1.1V (TB9045FNG-110), 1.2V (TB9045FNG-120), 1.25V (TB9045FNG-125), and 1.5V (TB9045FNG-150). The appropriate version of the new IC can be used as an external power supply for a core, based on the MCU specifications.
3. Built-in 4 series power supply^[4] circuits (4 outputs)
   The IC incorporates four series power supply circuits receiving the 6V input generated by the DC-DC converter. It also incorporates a circuit with a 5V constant voltage (current capacity is 400mA) for the microcontroller, and three circuits with 5V constant voltage output (current capacity is 100mA) for sensors and other interfaces. Each of them can output a voltage independently.
4. Various built-in monitoring circuits for functional safety
   Low-voltage detection circuit for battery power supply
   High-voltage detection circuit for DC-DC converter (6V)
   High-voltage / low-voltage detection circuits for the DC-DC converter (1.1V/1.2V/1.25V/1.5V) and series power supply (5V)
   Overheat detection circuit
   Oscillator frequency monitoring circuit
   Watchdog timer circuit monitoring the external MCU
5. Diagnostic circuit for failure detection circuits for functional safety
   A built-in diagnostic circuit in the failure detection circuit detects any latent faults.
6. Selectable operation for failure detections
   Customers can set the system to respond to detected failures in one of two ways, using the SPI ^[5] communication input setting. One setting outputs a reset signal to the system; the other provides notification of the abnormal operation to the system. Selection can be made according to the customer’s application or system.

Main Specifications

Notes:
[1] Functional-safety-based standards seek to minimize risk resulting from system failures. ISO 26262 certification recognizes that a company's processes or products for electrical and electronic (E/E) systems for car applications meet the stringent criteria specified in the standard and provides third parties with an independent means of assessing the capabilities of a potential supplier.
[2] ASIL: Automotive Safety Integrity Level, the highest automotive safety integrity level regulated in the ISO 26262 functional safety standards.
[3] FMEDA: Failure Modes Effects and Diagnostics Analysis
[4] Series power supply: The DC power supply circuit in which a voltage control element was connected to a load in series.
[5] SPI: Serial Peripheral Interface

For further information about the new products, please visit:
TB9045FNG-110
https://toshiba.semicon-storage.com/info/lookup.jsp?pid=TB9045FNG-110&lang=en

TB9045FNG-120
https://toshiba.semicon-storage.com/info/lookup.jsp?pid=TB9045FNG-120&lang=en

TB9045FNG-125
https://toshiba.semicon-storage.com/info/lookup.jsp?pid=TB9045FNG-125&lang=en

TB9045FNG-150
https://toshiba.semicon-storage.com/info/lookup.jsp?pid=TB9045FNG-150&lang=en

For more information about Toshiba’s Automotive System Power Supply ICs, please visit:
https://toshiba.semicon-storage.com/ap-en/product/automotive/powersupply.html

*Company names, product names, and service names may be trademarks of their respective companies.

Customer Inquiries:
System Devices Marketing Dept.II
Tel: +81-3-3457-3332
https://toshiba.semicon-storage.com/ap-en/contact.html

Information in this document, including product prices and specifications, content of services and contact information, is current on the date of the announcement but is subject to change without prior notice.

About Toshiba Electronic Devices & Storage Corporation

Toshiba Electronic Devices & Storage Corporation combines the vigor of a new company with the wisdom of experience. Since becoming an independent company in July 2017, we have taken our place among the leading general devices companies, and offer our customers and business partners outstanding solutions in discrete semiconductors, system LSIs and HDD.

Our 22,000 employees around the world share a determination to maximize the value of our products, and emphasize close collaboration with customers to promote co-creation of value and new markets. We look forward to building on annual sales now surpassing 800-billion yen (US$7 billion) and to contributing to a better future for people everywhere.
Find out more about us at https://toshiba.semicon-storage.com/ap-en/top.html