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This entry was published on 2021-02-19
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SECTION 808
Disclosure requirements for renewal financing
Financial Services Law (FIS) CHAPTER 18-A, ARTICLE 8
* § 808. Disclosure requirements for renewal financing. If, as a
condition of obtaining the commercial financing, the provider requires
the recipient to pay off the balance of an existing commercial financing
from the same provider, the provider must disclose:

(a) The amount of the new commercial financing that is used to pay off
the portion of the existing commercial financing that consists of
prepayment charges required to be paid and any unpaid interest expense
that was not forgiven at the time of renewal. For financing for which
the total repayment amount is calculated as a fixed amount, the
prepayment charge is equal to the original finance charge multiplied by
the amount of the renewal used to pay off existing financing as a
percentage of the total repayment amount, minus any portion of the total
repayment amount forgiven by the provider at the time of prepayment. If
the amount is more than zero, such amount shall be the answer to the
following question:

"Does the renewal financing include any amount that is used to pay
unpaid finance charge or fees, also known as double dipping? Yes, {enter
amount}. If the amount is zero, the answer would be No."

(b) If the disbursement amount will be reduced to pay down any unpaid
portion of the outstanding balance, the actual dollar amount by which
such disbursement amount will be reduced.

* NB Effective January 1, 2022