Permissibility To Assess Administration Fee On Consecutive Small Loans. - Q1 1999

By the Division of Banks

The Small Loan Rate Order set forth at 209 CMR 26.06 provides that "[a]n administrative fee is not permitted to be assessed to a borrower more than once during any 12 month period." The prohibition is clearly applicable to the borrower and not to individual loans. Thus a borrower who takes a small loan, is charged an administration fee, subsequently pays off the loan and takes another short term loan within a 12 month period, may not be assessed an additional administration fee.