Section 356. Restrictions on certain loans by non-licensees, interests, other charges; loans made outside this state  


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  • No person or other entity,  other than a licensee under this article, shall directly  or  indirectly
      charge,   contract   for,   or   receive   any  interest,  discount,  or
      consideration greater than the person or other entity would be permitted
      by law to charge if it were not a licensee hereunder  upon  a  loan  not
      exceeding  the maximum amounts prescribed in section three hundred forty
      of this article.
        The foregoing prohibition shall apply to any person  or  other  entity
      who  or  which,  by any device, subterfuge, or pretense whatsoever shall
      charge, contract for, or receive  greater  interest,  consideration,  or
      charges  than is authorized by the laws of this state for any such loan,
      use, or forbearance of money, goods, or things in action or for any such
      loan, use, or sale of credit.
        Any loan in an amount not exceeding the maximum amounts prescribed  in
      section  three hundred forty of this article for which a greater rate of
      interest, consideration, or charges than is permitted  by  the  laws  of
      this state has been charged, contracted for, or received, wherever made,
      shall  not  be  enforced  in this state and every person or other entity
      participating therein in this state shall be subject to  the  provisions
      of  this article.   An action to enforce any such loan made in any other
      state to a person then a resident of that state, who now resides in this
      state may be maintained  in  this  state  if  the  amount  of  interest,
      discount,  consideration  or  other charge for such loan, demanded to be
      paid in such action, does not exceed that permitted  to  a  licensee  by
      section  three  hundred fifty-one of this article for a loan of the same
      amount repayable in the same manner.