45-1061. Preauthorized loan, defined.
Preauthorized loan means a loan made by a licensee 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 charge and cost is debited to the borrower's account and payments and other credits are credited to the same account;
(3) The charges are computed on the unpaid principal 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 or fixed or determinable amounts as provided in the agreement; and
(5) The loan agreement expressly states that it covers preauthorized loans. Preauthorized loan does not mean a transaction, resulting in either a credit or a debit to the borrower's account, which is initiated by the use or application of a plastic, metal, or other type of credit or transaction card.
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