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733
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HARRY HUGHES, Governor
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(2) IF THE PLAN IS OFFERED BY ANY OTHER CREDIT
GRANTOR, THE CREDIT GRANTOR MAY IMPOSE ANY OR ALL OF THE
FOLLOWING FEES:
(I) AN ANNUAL CHARGE IN ANY AMOUNT THE
AGREEMENT PROVIDES FOR THE PRIVILEGES MADE AVAILABLE TO THE
CONSUMER BORROWER UNDER THE PLAN;
(II) A TRANSACTION CHARGE OR CHARGES IN SUCH
AMOUNT OR AMOUNTS AS THE AGREEMENT MAY PROVIDE FOR EACH SEPARATE
PURCHASE OR LOAN UNDER THE PLAN; AND
(III) A MINIMUM CHARGE FOR EACH SCHEDULED
BILLING PERIOD UNDER THE PLAN DURING ANY PORTION OF WHICH THERE
IS AN OUTSTANDING UNPAID INDEBTEDNESS UNDER THE PLAN.
(B) WITH RESPECT TO A SECURED OPEN-END CREDIT PLAN, FEES OR
CHARGES MAY NOT BE IMPOSED ON A CONSUMER BORROWER IN ADDITION TO
INTEREST OR FINANCE CHARGES EXCEPT FOR ACTUAL AND VERIFIABLE FEES
INCURRED BY THE CREDIT GRANTOR AND NOT RETAINED BY THE CREDIT
GRANTOR FOR THE FOLLOWING:
(1) ATTORNEY'S FEES FOR SERVICES RENDERED IN
CONNECTION WITH THE PREPARATION, CLOSING, OR DISBURSEMENT OF THE
LOAN;
(2) ANY EXPENSE, TAX, OR CHARGE PAID TO A
GOVERNMENTAL AGENCY;
(3) EXAMINATION OF TITLE, APPRAISAL, OR OTHER COSTS
NECESSARY OR APPROPRIATE TO THE SECURITY OF THE LOAN; AND
(4) PREMIUMS FOR ANY INSURANCE COVERAGE PERMITTED
UNDER THIS SUBTITLE.
(C) IF A PLAN IS ESTABLISHED FOR A CONSUMER BORROWER, A FEE
OR CHARGE MAY NOT BE CHARGED OR COLLECTED UNLESS THE AGREEMENT
CONCERNING THE PLAN PERMITS THE FEE TO BE CHARGED.
(D) IF A PLAN IS ESTABLISHED FOR A BORROWER OTHER THAN A
CONSUMER BORROWER, THE BORROWER AND CREDIT GRANTOR MAY AGREE UPON
ANY TERMS CONCERNING CHARGES AND FEES.
(E) FOR PURPOSES OF THIS SUBSECTION, THE ADDITIONAL CHARGES
LISTED IN SUBSECTIONS (A) AND (B) OF THIS SECTION ARE NOT
INTEREST OR FINANCE CHARGES WITH RESPECT TO A PLAN.
12-906.
(A) IF THE AGREEMENT GOVERNING A REVOLVING CREDIT PLAN
PERMITTING THE BORROWER TO OBTAIN BOTH LOANS AND PURCHASES SO
PROVIDES, A BANK CREDIT GRANTOR MAY IMPOSE DIFFERENT TERMS TO ON
THE INDEBTEDNESS ARISING OUT OF PURCHASES THAN TO THE
INDEBTEDNESS ARISING OUT OF LOANS.
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