Iowa Code § 203.15
Credit-sale contracts
Redline — January 1, 2012 → current.View current text →
Current — January 1, 2026
As of January 1, 2012
A grain dealer shall not purchase grain by a credit-sale contract except as provided in this section.
A grain dealer shall not purchase grain by credit-sale contract except as provided in this section.
1. The grain dealer shall be licensed pursuant to section 203.3. All of the following shall apply to a grain dealer required to be licensed under that section who purchases grain by credit-sale contract:
1. The grain dealer shall be licensed pursuant to section 203.3. All of the following apply to a grain dealer required to be licensed under that section who purchases grain by credit-sale contract:
a. The meaning of “credit-sale contract”, including “deferred-payment contract” or “deferred-pricing contract”, as those terms are defined in section 203.1, shall supersede the meaning of those terms in a contract entered into by a seller and a licensed grain dealer.
b. The grain dealer shall provide written notice to the department prior to engaging in the purchase of grain by credit-sale contract. The written notice must contain all of the following:
(1) A statement that the grain dealer is engaging in the purchase of grain by deferred-pricing contract or deferred-payment contract or both.
(2) Any other information required by the department.
c. The grain dealer shall maintain credit-sale contract forms in the possession of the grain dealer. The department may require the credit-sale contract forms to distinguish between the purchase of grain by deferred-pricing contract or deferred-payment contract. The credit-sale contract forms must have been permanently and consecutively numbered at the time of printing of the forms. The grain dealer shall maintain an accurate record of all credit-sale contract forms and numbers obtained by that grain dealer. The record must include the disposition of each numbered form, whether by execution, destruction, or otherwise.
d. The grain dealer who purchases grain by credit-sale contract shall maintain records as required by the department in compliance with this section. The department may require the grain dealer to account separately for deferred-pricing contracts and deferred-payment contracts.
2. In addition to other information as may be required, a credit-sale contract shall contain or provide for all of the following:
2. In addition to other information as may be required, a credit-sale contract shall contain or provide for all of the following:
a. The seller’s name and address.
a. The seller’s name and address.
b. The conditions of delivery.
b. The conditions of delivery.
c. The amount and kind of grain delivered.
c. The amount and kind of grain delivered.
d. The price per bushel or basis of value.
d. The price per bushel or basis of value.
e. The date payment is to be made.
e. The date payment is to be made.
f. The duration of the credit-sale contract, which shall not exceed twelve months from the date the contract is executed.
f. The duration of the credit-sale contract, which shall not exceed fifteen months from the date the contract is executed.
3. a. If a grain dealer purchases grain by credit-sale contract, the grain dealer is transferred title to the grain upon the grain’s delivery to the grain dealer. As used in this paragraph, “delivery” means the same as defined in section 203.8.
b. The contract must be signed and dated by both parties and executed in duplicate. One copy shall be retained by the grain dealer and one copy shall be delivered to the seller. Upon the cessation of the grain dealer’s license as provided in section 203.10, the payment date for all credit-sale contracts shall be advanced to a date not later than thirty days after the effective date of the cessation, and the purchase price for all unpriced grain shall be determined as of the effective date of the cessation in accordance with all other provisions of the contract. However, if the business of the grain dealer is sold to another licensed grain dealer, credit-sale contracts may be assigned to the purchaser of the business.
4. A grain dealer shall not purchase grain by credit-sale contract if any of the following apply:
a. The grain dealer fails at any time to maintain fifty cents of net worth for each outstanding bushel of grain purchased by credit-sale contract. However, the grain dealer may maintain a deficiency bond or an irrevocable letter of credit in the amount of two thousand dollars for each one thousand dollars or fraction thereof of deficiency in net worth.
b. A grain dealer who is also a warehouse operator licensed by the department under chapter 203C or the United States department of agriculture under the United States Warehouse Act, 7 U.S.C. § 241 et seq., and who does not have a sufficient quantity or quality of grain to satisfy the warehouse operator’s obligations based on an examination by the department or the United States department of agriculture shall not purchase grain on credit-sale contract to correct the shortage of grain.
b. The grain dealer is also a warehouse operator licensed by the department of agriculture and land stewardship under chapter 203C or the United States department of agriculture under the United States Warehouse Act, and the warehouse operator fails to have a sufficient quantity or quality of grain to satisfy the warehouse operator’s obligations based on an examination by the department of agriculture and land stewardship or the United States department of agriculture.
c. (1) A grain dealer must meet at least either of the following conditions:
c. The grain dealer fails to submit to the department the grain dealer’s last financial statement accompanied by an unqualified opinion based upon an audit performed by a certified public accountant licensed in this state as required pursuant to section 203.3.
(b) The grain dealer files a bond with the department in the amount of one hundred thousand dollars payable to the department.
(2) (a) The bond filed with the department under this paragraph shall be used to indemnify sellers for losses resulting from a breach of a credit-sale contract as provided by rules adopted by the department. The rules shall include but are not limited to procedures and criteria for providing notice, filing claims, valuing losses, and paying claims. The bond provided in this paragraph shall be in addition to any other bond required in this chapter.
(b) The bond shall not be canceled by the issuer on less than ninety days’ notice by certified mail to the department and the principal. However, if an adequate replacement bond is filed with the department, the department may authorize the cancellation of the original bond before the end of the ninety-day period.
(c) If an adequate replacement bond is not received by the department within sixty days of the issuance of the notice of cancellation, the department shall automatically suspend the grain dealer’s license. The department shall cause an inspection of the licensed grain dealer immediately at the end of the sixty-day period. If a replacement bond is not filed within another thirty days following the suspension, the grain dealer license shall be automatically revoked.
(3) When a license is revoked, the department shall provide notice of the revocation by ordinary mail to the last known address of each holder of an outstanding credit-sale contract and all known sellers.
5. The department may adopt rules to suspend the right of a grain dealer to purchase grain by credit-sale contract based on any of the following conditions:
5. The department may suspend the right of a grain dealer to purchase grain by credit-sale contract based on any of the following conditions:
a. The grain dealer who is also a warehouse operator licensed by the department under chapter 203C or the United States department of agriculture under the United States Warehouse Act, 7 U.S.C. § 241 et seq., does not have a sufficient quantity or quality of grain to satisfy the warehouse operator’s obligations based on an examination by the department or the United States department of agriculture.
a. The grain dealer who is also a warehouse operator licensed by the department under chapter 203C or the United States department of agriculture under the United States Warehouse Act does not have a sufficient quantity or quality of grain to satisfy the warehouse operator’s obligations based on an examination by the department or the United States department of agriculture.
b. The grain dealer who is also a warehouse operator licensed by the department under chapter 203C or the United States department of agriculture under the United States Warehouse Act, 7 U.S.C. § 241 et seq., issues back to the grain dealer a warehouse receipt for purposes of providing collateral, if the grain which is the subject of the warehouse receipt was purchased on credit and is unpaid for by the grain dealer.
b. The grain dealer who is also a warehouse operator licensed by the department under chapter 203C or the United States department of agriculture under the United States Warehouse Act issues back to the grain dealer a warehouse receipt for purposes of providing collateral, if the grain which is the subject of the warehouse receipt was purchased on credit and is unpaid for by the grain dealer.
c. The grain dealer fails to maintain requirements relating to net worth or fails to maintain a ratio of current assets to current liabilities, as required in section 203.3.
c. The grain dealer fails to maintain requirements relating to net worth or fails to maintain a ratio of current assets to current liabilities, as required in section 203.3.
d. The grain dealer violates this section.
d. The grain dealer violates this section.
e. The grain dealer’s total liabilities are greater than seventy-five percent of the grain dealer’s total assets.
e. The grain dealer’s total liabilities are greater than seventy-five percent of the grain dealer’s total assets.
f. The grain dealer has made payment by use of a check or electronic funds transfer, and a financial institution refuses payment because of insufficient funds in a grain dealer’s account.
f. The grain dealer has made payment by use of a check or electronic funds transfer, and a financial institution refuses payment because of insufficient funds in a grain dealer’s account.
g. The department discovers that a grain dealer has delayed payment for grain purchased since the department last inspected the grain dealer pursuant to section 203.9.
g. The department discovers that a grain dealer has delayed payment for grain purchased since the department last inspected the grain dealer pursuant to section 203.9.
6. A grain dealer who purchases grain by credit-sale contract shall obtain from the seller a signed acknowledgment stating that the seller has received notice that grain purchased by credit-sale contract is not protected by the grain depositors and sellers indemnity fund. The form for the acknowledgment shall be prescribed by the department, and the licensed grain dealer and the seller shall each be provided a copy.
6. a. A grain dealer who purchases grain by credit-sale contract shall obtain from the seller a signed acknowledgment stating that the seller has received a written notice explaining all of the following:
(1) Ordinarily, a person who sells grain to a licensed grain dealer may file a claim with the Iowa grain indemnity fund board for a loss or losses caused by the licensed grain dealer.
(2) For a grain transaction, other than by credit-sale contract, the seller may file a claim for indemnification of ninety percent of a loss.
(3) (a) For a credit-sale contract classified as a deferred-pricing contract, the seller may file a claim for indemnification of seventy-five percent of a loss.
(b) The indemnification limit for all losses is not more than four hundred thousand dollars but may be decreased to three hundred thousand dollars depending upon the extent to which the seller’s loss arose from a deferred-pricing contract.
(c) For a credit-sale contract classified as a deferred-payment contract, a seller is not eligible to claim a loss for indemnification.
b. The form for the acknowledgment shall be prescribed by the department.
c. The licensed grain dealer and the seller shall each be provided a copy of the acknowledged form.
C83, §542.15
C83, §542.15
85 Acts, ch 234, §3; 86 Acts, ch 1152, §9; 87 Acts, ch 147, §4; 89 Acts, ch 143, §403; 92 Acts, ch 1239, §63, 64
85 Acts, ch 234, §3; 86 Acts, ch 1152, §9; 87 Acts, ch 147, §4; 89 Acts, ch 143, §403; 92 Acts, ch 1239, §63, 64
C93, §203.15
C93, §203.15
99 Acts, ch 106, §7; 2003 Acts, ch 69, §8 – 11; 2008 Acts, ch 1083, §6, 7; 2009 Acts, ch 41, §80; 2009 Acts, ch 133, §212
99 Acts, ch 106, §7; 2003 Acts, ch 69, §8 – 11; 2008 Acts, ch 1083, §6, 7; 2009 Acts, ch 41, §80; 2009 Acts, ch 133, §212; 2012 Acts, ch 1095, §94 – 98; 2023 Acts, ch 154, §6, 19; 2025 Acts, ch 105, §6, 7
Referred to in
Unnumbered paragraph 1 amended
Subsections 1, 3, 4, and 6 amended
Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.