7 TAC § 83.203. Attempted Evasion of Applicability of Subchapter, DIVISION 2. AUTHORIZED ACTIVITIES
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Texas Administrative Code › Title 7 BANKING AND SECURITIES › Part 5 OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 83 REGULATED LENDERS AND CREDIT ACCESS BUSINESSES › 7 TAC § 83.203
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A "device, subterfuge, or pretense to evade the application" of this subchapter, as used in Texas Finance Code, §342.051(b) refers to any transaction:
(1) that in form may appear on its face to be something other than a loan, but in substance meets the definition of a loan as defined in Texas Finance Code, §301.002(a)(10); and
(2) in which more than 10% annual interest, in substance, is being contracted for, charged, or received.
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