22800.
For purposes of this division:(a) “Account” means a right to a payment of a monetary obligation.
(b) “Accounts receivable purchase transaction” means a transaction in an amount of two thousand five hundred dollars ($2,500) five thousand dollars ($5,000) or more, as part of an agreement requiring a recipient to forward or otherwise sell to the provider all or a portion of accounts, payment intangibles, or cash receipts that are owed to the recipient or
are collected by the recipient during a specified period or in a specified amount.
(c) (1) “Commercial financing” means an accounts receivable purchase transaction, commercial loan, or commercial open-end credit plan intended by the recipient for use primarily for other than personal, family, or household purposes.
(2) For purposes of determining whether financing is commercial financing within the meaning of this subdivision, the provider may rely on any written statement of intended purposes signed by the recipient. The statement may be a separate statement signed by the recipient or may be contained in a loan application or other document signed by the recipient. The provider shall not be required to ascertain that the proceeds of the commercial financing are
used in accordance with the statement of intended purposes.
(d) “Commercial loan” means a loan of a principal amount of
five thousand dollars ($5,000) or more, or any loan under an open-end credit plan, the proceeds of which are intended by the recipient for use primarily for other than personal, family, or household purposes.
(e) “Commercial open-end credit program” plan” means a provider’s plan for making open-end loans pursuant to a loan agreement that sets forth the terms and conditions governing the use of the open-end credit program, and provides that:
(1) The recipient may use the open-end credit program to obtain money, goods, labor, or services or credit, and the provider makes open-end loans to
the recipient for the purpose of paying money to, or at the direction of, the recipient or paying obligations that the recipient creates through use of the open-end credit program.
(2) The amount of each advance and the charges and other permitted costs are debited to an account.
(3) The charges are computed from time to time on the unpaid balances of the recipient’s account, excluding from the computation any unpaid charges other than permitted fees, costs, and expenses.
(4) The recipient has the privilege of paying the account in full at any time.
(f) “Depository institution” means any of the following:
(1) A bank, trust company, or industrial loan company doing business under the authority of, or in accordance with, a license, certificate, or charter issued by the United States, this state, or any other state, district, territory, or commonwealth of the United States that is authorized to transact business in this state.
(2) A federally chartered savings and loan association, federal savings bank, or federal credit union that is authorized to transact business in this state.
(3) A savings and loan association, savings bank, or credit union organized under the laws of this or any other state that is authorized to transact business in this state.
(g) “Payment intangible” means a general intangible under which
the account debtor’s principal obligation is a monetary obligation.
(h) “Person” means an individual, a corporation, a partnership, a limited liability company, a joint venture, an association, a joint stock company, a trust, or an unincorporated organization.
(i) “Provider” means a person who extends a specific offer of commercial financing to a recipient. “Provider” also includes a nondepository institution, which enters into a written agreement with a depository institution to arrange for the extension of commercial financing by the depository institution to a recipient via an online lending platform administered by the nondepository institution.
(j) “Recipient” means a person who is presented a specific commercial
financing offer by a provider that is equal to or less than five hundred thousand dollars ($500,000).
22802.
(a) A provider subject to this division, within the meaning of Section 22801, shall disclose all of the information in subdivision (b) to a recipient at the time of extending a specific commercial financing offer to that recipient, and shall obtain the recipient’s signature on that a disclosure before consummating the commercial financing transaction.(b) A provider subject to this division shall provide all of the following disclosures:
(1) The total amount of funds provided to the recipient of the commercial financing. The principal loan amount or the purchase price, less any fees paid to or retained by the provider or an affiliate of the provider for originating or processing the commercial financing transaction. This shall be labeled “Total Amount of Funds Provided.”
(2) The total amount of funds to be paid by the recipient of the commercial financing pursuant to the financing agreement. agreement, assuming all payments are made when required. This amount shall
include all unavoidable fees and charges, including, if applicable, any fees or charges due at the time the financing is retired or paid in full. This amount shall include all unavoidable fees and charges, including, if applicable, any fees or charges due at the time the financing is retired or paid in full. This shall be labeled “Total of Payments.” This disclosure shall clarify that “Total of Payments” does not include fees the recipient may avoid, such as late fees or returned payment fees.
(3) The total dollar cost of the commercial financing transaction, which shall be calculated by subtracting the amount of funds provided from the total of payments. This shall be labeled “Total Dollar Cost of Financing.”
(4)The annual percentage rate (APR) or estimated APR for the commercial financing calculated according to the provisions of federal Truth In Lending Act (15 U.S.C. Sec. 1601 et seq.) and Regulation Z (12 C.F.R. 226.1 et seq.). In the case of an accounts receivable financing transaction, the estimated annual percentage rate shall be calculated based on the daily, weekly, or monthly delivery of receivables from the business to the financer that is assumed as part of the financing offer. This shall be labeled “APR” or “Estimated APR.”
(4) For products with fixed periodic payments, the term of the financing product in total days, and for products with variable payments and no fixed term, the estimated term of the financing product in total days as assumed by the provider in the underwriting process. This shall be labeled “Term” or “Estimated Term.”
(5) For commercial financing that has fixed, nonvariable period payment amounts: the frequency and amount of each payment. For commercial financing that has variable periodic payment amounts: a description of the method by which payments are calculated and the frequency of those payments. This disclosure shall be labeled “Payments.”
(6) A statement of whether there are any costs or discounts associated with prepayment
of the commercial financing product, including a reference to the paragraph in the financing agreement that creates the contractual rights of the parties related to prepayment. This disclosure shall be labeled “Prepayment.”
(c)The provider may provide the disclosures required by this section to the recipient in any format acceptable to the recipient. If the provider provides the disclosures in writing, the disclosures shall be printed in at least 10-point font. If the provider provides the disclosures electronically, the disclosures shall be provided in a format that allows the disclosures to be printed out by the recipient in a font size of at least 10 points.