5 MAC Pt. 3, R. 6.6
Handling Fees/Origination Fees
Cite as 5 Miss. Admin. Code Pt. 3, R. 6.6
Handling Fees/Origination Fees.
1.
Origination Fees.
a. The Origination Fee shall be calculated based on 1% of the “Amount Financed” to the
account holder” or five dollars ($5.00) whichever is greater.
b. For the purposes of the federal APR calculation, an Origination Fee must be included
as part of the “Finance Charge” disclosure as required by the federal Truth-in-
Lending Act, Regulation Z. (i.e., Total Handling Fees + Origination Fee = Finance
Charge shown in federal TILA box)
c. An Origination Fee is optional; however, if charged, it shall be disclosed in the
written agreement. It may be collected with the first payment or it may be allocated
in the amortization schedule and collected monthly; however, it must not be included
in the calculation of the Handling Fee.
2.
Handling Fees.
a.
The Handling Fee is for services, expenses, and costs of the license. This
includes any and all costs associated with checks or ACH authorizations that are
returned for nonsufficient funds. The Licensee is not allowed to charge a
separate NSF fee.
b.
The Handling Fee must be calculated based on a percentage up to but not
exceeding “twenty-five percent (25%) of the outstanding principal balance of any
credit availability account per month, or portion thereof. All other fees shall be
excluded from the calculation of the Handling Fee (e.g., Origination Fee, late
fees, collection fees, etc.)
c.
In no event shall any Handling Fees be charged or collected in an amount greater
than the fees shown in the Federal TILA box and the “written explanation of
fees.” Unearned Handling Fees shall be refunded or credited if an account holder
pre-pays a loan before the final fixed maturity date.