Legislation

Search OpenLegislation Statutes
This entry was published on 2021-02-19
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 807
Other forms of financing disclosure requirements
Financial Services Law (FIS) CHAPTER 18-A, ARTICLE 8
* § 807. Other forms of financing disclosure requirements. The
superintendent may require disclosure by a provider extending a specific
offer of commercial financing which is not open-end financing,
closed-end financing, sales-based financing, or factoring transaction
but otherwise meets the definition of commercial financing as provided
in this article. Subject to such rules and regulations by the
superintendent, a provider subject to this article shall provide the
following disclosures to a recipient at the time of extending a specific
offer of other forms of financing according to formatting prescribed by
the superintendent:

(a) The total amount of the commercial financing, and the disbursement
amount, if different from the financing amount, after any fees deducted
or withheld at disbursement.

(b) The finance charge.

(c) The annual percentage rate, using only the words annual percentage
rate or the abbreviation "APR", expressed as a yearly rate, inclusive of
any fees and finance charges, and calculated in accordance with the
relevant sections of the federal Truth in Lending Act, Regulation Z or
this article, regardless of whether such act or such regulation would
require such a calculation.

(d) The total repayment amount which is the disbursement amount plus
the finance charge.

(e) The term of the financing.

(f) The payment amounts:

(i) for payment amounts that are fixed, the payment amounts and
frequency (e.g., daily, weekly, monthly), and the average monthly
payment amount; or

(ii) for payment amounts that are variable, a payment schedule or a
description of the method used to calculate the amounts and frequency of
payments, and the estimated average monthly payment amount.

(g) A description of all other potential fees and charges that can be
avoided by the recipient, including, but not limited to, late payment
fees and returned payment fees.

(h) Were the recipient to elect to pay off or refinance the commercial
financing prior to full repayment, the provider must disclose:

(i) whether the recipient would be required to pay any finance charges
other than interest accrued since their last payment. If so, disclosure
of the percentage of any unpaid portion of the finance charge and
maximum dollar amount the recipient could be required to pay; and

(ii) whether the recipient would be required to pay any additional
fees not already included in the finance charge.

(i) A description of collateral requirements or security interests, if
any.

* NB Effective January 1, 2022