Current through Vol. 42, No. 1, September 16, 2024
(a)
General rule. The annual percentage rate is a measure of the cost of credit, expressed as a yearly rate. An annual percentage rate shall be considered accurate if it is not more than 1/8 of 1 percent point above or below the annual percentage rate determined in accordance with this section. 31a/
(b)
Annual percentage rate for 160:45-3-2 and 160:45-3-3 disclosures, for initial disclosures and for advertising purposes. Where one or more periodic rates may be used to compute the finance charge, the annual percentage rate(s) to be disclosed for purposes of 160:45-3-2, 160:45-3-3, 160:45-3-4, and 160:45-3-14 shall be computed by multiplying each periodic rate by the number of periods in a year.
(c)
Annual percentage rate for periodic statements. The annual percentage rate(s) to be disclosed for purposes of 160:45-3-5(4) shall be computed by multiplying each periodic rate by the number of periods in a year and, for purposes of 160:45-3-5(7), shall be determined as follows:
(1) If the finance charge is determined solely by applying one or more periodic rates, at the creditor's option, either -
(A) By multiplying each periodic rate by the number of periods in a year; or
(B) By dividing the total finance charge for the billing cycle by the sum of the balances to which the periodic rates were applied and multiplying the quotient (expressed as a percentage) by the number of billing cycles in a year.
(2) If the finance charge imposed during the billing cycle is or includes a minimum, fixed, or other charge not due to the application of a periodic rate, other than a charge with respect to any specific transaction during the billing cycle, by dividing the total finance charge for the billing cycle by the amount of the balance(s) to which it is applicable 32/ and multiplying the quotient (expressed as a percentage) by the number of billing cycles in a year. 33/
(3) If the finance charge imposed during the billing cycle is or includes a charge relating to a specific transaction during the billing cycle (even if the total finance charge also includes any other minimum, fixed, or other charge not due to the application of a periodic rate), by dividing the total finance charge imposed during the billing cycle by the total of all balances and other amounts on which a finance charge was imposed during the billing cycle without duplication, and multiplying the quotient (expressed as a percentage) by the number of billing cycles in a year, 34/ except that the annual percentage rate shall not be less than the largest rate determined by multiplying each periodic rate imposed during the billing cycle by the number of periods in a year. 35/
(4) If the finance charge imposed during the billing cycle is or includes a minimum, fixed, or other charge not due to the application of a periodic rate and the total finance charge imposed during the billing cycle does not exceed 50 cents for a monthly or longer billing cycle, or the pro rata part of 50 cents for a billing cycle shorter than monthly, at the creditor's option, by multiplying each applicable periodic rate by the number of periods in a year, notwithstanding the provisions of paragraphs (c)(2) and (3) of this section.
(d)
Calculations where daily periodic rate applied. If the provisions of paragraphs (c)(1)(B) or (2) of this section apply and all or a portion of the finance charge is determined by the application of one or more daily periodic rates, the annual percentage rate may be determined either -
(1) By dividing the total finance charge by the average of the daily balances and multiplying the quotient by the number of billing cycles in a year; or
(2) By dividing the total finance charge by the sum of the daily balances and multiplying the quotient by 365.
31a/ An error in disclosure of the annual percentage rate or finance charge shall not, in itself, be considered a violation of this chapter if:
(1) the error resulted from a corresponding error in a calculation tool used in good faith by the creditor; and
(2) upon discovery of the error, the creditor promptly discontinues use of that calculation tool for the disclosure purposes and notifies the Administrator in writing of the error in the calculation tool.
32/ If there is no balance to which the finance charge is applicable, an annual percentage rate cannot be determined under this section.
33/ Where the finance charge imposed during the billing cycle is or includes a loan fee, points, or similar charge that relates to the opening of the account, the amount of such charge shall not be included in the calculation of the annual percentage rate.
34/ See appendix F regarding determination of the denominator of the fraction under this paragraph.
35/ See footnote 33.
