Section 46-F. Limit on interest and other charges  


Latest version.
  • Except as provided in
      article nine of the banking law, no person shall directly or  indirectly
      receive  or  accept,  whether  by discount or otherwise, for the use and
      sale of his personal credit or for making or continuing any  advance  or
      loan  of money (1) in anticipation of earnings assigned outright, or (2)
      on the security of an assignment of any earnings assigned as security, a
      greater sum than at the rate of eighteen per centum  per  annum  on  the
      amount  of  such  loan  or  advance,  either  as  a  bonus,  interest or
      otherwise, or under the guise of a charge for investigating  the  status
      of  a  person applying for such loan or advance, or drawing of papers or
      other service in connection with  such  loan  or  advance,  except  such
      charges as are now permitted by section 5-531 of the general obligations
      law.  Any  assignment,  whether  outright  or as security, which is made
      wholly or partly in consideration of  or  as  security  for  a  loan  or
      advance  which violates this section, shall be void, and invalid for any
      purpose whatsoever. Every person, firm,  corporation,  director,  agent,
      officer  or  member  thereof  who  shall  violate  any provision of this
      section, directly or indirectly, or assent to such  violation  shall  be
      guilty of a misdemeanor.