Virginia Code 6.2-2231: Disclosure requirements
Each provider shall provide the following disclosures to a recipient at the time of extending a specific offer of sales-based financing, according to formatting prescribed by the Commission:
Terms Used In Virginia Code 6.2-2231
- broker: means a person that, for compensation or the expectation of compensation, obtains or offers to obtain sales-based financing from a provider for a recipient. See Virginia Code 6.2-2228
- Commission: means the State Corporation Commission. See Virginia Code 6.2-100
- Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
- Finance charge: has the meaning assigned to it in Consumer Financial Protection Bureau Regulation Z, 12 C. See Virginia Code 6.2-100
- provider: means a person that extends a specific offer of sales-based financing to a recipient. See Virginia Code 6.2-2228
- Recipient: means a person whose principal place of business is in the Commonwealth and that applies for sales-based financing and is made a specific offer of sales-based financing by a provider. See Virginia Code 6.2-2228
- Sales-based financing: means a transaction that is repaid by the recipient to the provider, over time, as a percentage of sales or revenue, in which the payment amount may increase or decrease according to the volume of sales made or revenue received by the recipient. See Virginia Code 6.2-2228
- Specific offer: means the specific terms of sales-based financing, including price or amount, that are quoted to a recipient, based on information obtained from or about the recipient, which, if accepted by a recipient, shall be binding on the provider, as applicable, subject to any specific requirements stated in such terms. See Virginia Code 6.2-2228
1. The total amount of the sales-based financing, and the disbursement amount, if different from the financing amount, after any fees deducted or withheld at disbursement.
2. The finance charge.
3. The total repayment amount, which is the disbursement amount plus the finance charge.
4. The estimated number of payments, which is the number of payments expected, based on the projected sales volume, to equal the total repayment amount.
5. The payment amounts, based on the projected sales volume (i) for payment amounts that are fixed, the payment amounts, frequency, and method 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 payment method.
6. A description of all other potential fees and charges not included in the finance charge, including draw fees, late payment fees, returned payment fees, and prepayment fees or penalties.
7. If the recipient elects to pay off or refinance the sales-based financing prior to full repayment, an updated disclosure of:
a. The information required by subdivisions 1 through 6 as of the day of prepayment or refinance; and
b. A description of prepayment policies including whether the recipient will be required to pay any additional fees, penalties, or other amounts not already included in the finance charge, or if the recipient will receive any discount to the finance charge.
8. A description of collateral requirements or security interests, if any.
9. A statement of whether the provider will pay compensation directly to a broker in connection with the specific offer of sales-based financing and the amount of compensation.
2022, c. 516.