A requires the lender seeking a license to be organized as a Pennsylvania corporation; this is a requirement that could only be imposed on a Pennsylvania lender
Fourth, the Department’s interpretation gives no meaning to the requirement that the lender be a “domestic business corporation organized under ? the Business Corporation Law of this Commonwealth?” Section 3.A of the CDCA, 7 P.S. § 6203.A. When one parses Section 3.A, it reads
no person shall engage ? in the business of ? making loans ? and charge ? in excess of the interest that the lender would ? be permitted by law to charge if not licensed ? except a domestic business corporation ? after first obtaining a license? Czytaj dalej Otherwise, compliance would require the out-of-state lender to set up a Pennsylvania subsidiary, which would violate the Dormant Commerce Clause