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NC H662
Bill
Status
4/17/2023
Primary Sponsor
Jennifer Balkcom
Click for details
AI Summary
Small Business Truth in Financing Act (H662) Summary
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Establishes the Small Business Truth in Financing Act requiring commercial financing providers to register with the North Carolina Commissioner of Banks and pay a $1,000 nonrefundable registration fee (renewable every 5 years).
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Mandates detailed disclosure requirements for sales-based, closed-end, open-end, and factoring commercial financing, including total amount, finance charge, annual percentage rate (APR), repayment terms, and potential fees.
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Exempts financial institutions, farm credit lenders, motor vehicle dealers, persons making five or fewer transactions annually, and consumer finance companies from the disclosure requirements.
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Exempts commercial financing transactions secured by real property, transactions over $500,000, leases, and motor vehicle sales from all requirements.
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Authorizes the Commissioner to assess civil penalties up to $2,000 per violation or $10,000 per willful violation, with enforcement powers to issue cease-and-desist orders following notice and hearing.
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Takes effect 60 days after enactment and applies to transactions occurring on or after that date.
Legislative Description
Small Business Truth in Financing
Banking Comn.; Banks; Commerce; Consumer Protection; Corporations
Last Action
Ref to the Com on Banking, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House
4/18/2023