(a) A lender and a borrower may enter an agreement under which one or more loans or cash advances are from time to time made to or for the account of the borrower.
(b) An agreement under this section may provide for a maximum loan charge on the unpaid principal amounts from time to time outstanding at a rate that does not exceed the rate that produces the maximum interest charge computed under § 342.201 for an equivalent loan amount.

Terms Used In Texas Finance Code 342.455

  • Contract: A legal written agreement that becomes binding when signed.
  • Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(c) An agreement under this section must be written and signed by the lender and borrower.
(d) An agreement under this section must contain:
(1) the date of the agreement;
(2) the name and address of each borrower; and
(3) the name and address of the lender.
(e) If a charge for insurance coverage is to be included in a loan contract, an agreement under this section must clearly set forth a simple statement of the amount of the charge or the method by which the charge is to be computed.
(f) The lender shall deliver a copy of an agreement under this section to the borrower.
(g) The commissioner may prescribe monthly rates of charge that produce the maximum interest charge computed under § 342.201 for use under Subsection (b).

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