Kansas Administrative Regulations Agency 75 - STATE BANK COMMISSIONER-CONSUMER AND MORTGAGE LENDING DIVISION
Here’s an organized summary of Kansas Administrative Regulations – Agency 75 (State Bank Commissioner, Consumer & Mortgage Lending Division):
📘 Structure of Agency 75
Consists of multiple articles governing consumer and mortgage lending under the Kansas State Bank Commissioner:
Article 1 – Interest and Charges (§ 75‑1‑1 to § 75‑1‑5)
Article 2 – Precomputed Notes (§ 75‑2‑1 to § 75‑2‑7)
Article 3 – Insurance; Consumer Loan (§ 75‑3‑1 to § 75‑3‑6)
Article 4 – Receipts Under Loan Act (§ 75‑4‑1 to § 75‑4‑4)
Article 5 – Records Under Loan Act (§ 75‑5‑1 to § 75‑5‑4)
Article 6 – Uniform Consumer Credit Code (§ 75‑6‑1 to § 75‑6‑38)
Article 7 – Fair Credit Reporting Act (§ 75‑7‑1 to § 75‑7‑3)
Article 8 – Kansas Investment Certificate Act (§ 75‑8‑1 to § 75‑8‑12)
Articles 9–25 – Reserved
Article 26 – Refunds; Sales Finance (§ 75‑26‑1)
Article 27 – Insurance; Sales Finance (§ 75‑27‑1)
Article 28 – Contracts; Sales Finance (§ 75‑28‑1 and § 75‑28‑2)
Article 29 – Records; Sales Finance (§ 75‑29‑1 and § 75‑29‑2) (law.cornell.edu, regulations.vlex.com, regulations.justia.com)
Many of the early articles (1–5) have been revoked, but Article 6 onward remains active .
🔍 Focus on Article 6: Uniform Consumer Credit Code (UCCC)
This is the most substantive section:
§ 75‑6‑1: Ensures that transactions outside UCCC’s scope can still be regulated under its framework (investopedia.com, casetext.com).
§ 75‑6‑9: Additional fees permitted under K.S.A. 16a‑2‑501 (osbckansas.gov).
§ 75‑6‑23: Prohibits assignment of earnings in consumer credit (regulations.justia.com).
§ 75‑6‑26: Adopts by reference key federal laws—TILA (15 U.S.C. § 1601+), Reg M (12 C.F.R. Part 213), Reg Z (12 C.F.R. Part 226)—defining core terms like “amount financed,” “APR,” “finance charge,” and “prepaid finance charge” consistent with federal definitions (law.cornell.edu).
§ 75‑6‑30 to § 75‑6‑38: Cover licensing, licensee net‑worth and bond requirements, branch notifications, prelicensing and continuing education, testing, and record‑keeping (regulations.justia.com).
⚖️ Other Articles Overview
Articles 7 & 8: Implement Fair Credit Reporting and Investment Certificate Acts, but many sections are revoked.
Articles 26–29: Address sales financing—refunding, insurance, contracts, record‑keeping—with some still active but titles suggesting limited scope (law.cornell.edu).
✅ Regulatory Updates & Guidance
Regulations are updated quarterly; check the Kansas Register or Secretary of State’s K.A.R. site for the latest versions (law.cornell.edu).
The Kansas Office of the State Bank Commissioner (OSBC) publishes a Consumer & Mortgage Lending Law Book (2024 version) and guidance on things like net‑worth (§ 75‑6‑35), record‑retention, and licensing requirements (osbckansas.gov).
🛠️ How to Use These Regulations
To ensure compliance, lenders must align core disclosures and calculations (e.g. APR, finance charge) with federal standards under § 75‑6‑26.
Licensing rules (§ 75‑6‑30 to 38) require supervision, bonding, maintaining net worth, proper business locations, and education/training of mortgage originators.
Quarterly reviews are critical to catch revocations or amendments—particularly in early articles (1–5) which have seen widespread revocation.
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