§ 7-27-202 — Disclosures for commercial financing transactions.

(1) Before consummating a commercial financing transaction, a provider shall disclose the terms of the commercial financing transaction in accordance with this section and rules made by the commissioner.
(2) A provider shall disclose the following information in connection with each commercial financing transaction:
(2)(a) the total amount of funds provided to the business under the terms of the commercial financing transaction;
(2)(b) the total amount of funds disbursed to the business under the terms of the commercial financing transaction, if less than the amount described in Subsection (2)(a);
(2)(c) the total amount to be paid to the provider under the terms of the commercial financing transaction;
(2)(d) the total dollar cost of the commercial financing transaction, calculated by finding the difference between:
(2)(d)(i) the amount described in Subsection (2)(a); and
(2)(d)(ii) the amount described in Subsection (2)(c);
(2)(e) (2)(e)(i) the manner, frequency, and amount of each payment; or
(2)(e)(ii) if the amount of each payment may vary, the manner, frequency, and estimated amount of the initial payment; and
(2)(f) a statement of whether there are any costs or discounts associated with prepayment under the commercial financing transaction, including a reference to the paragraph in the commercial financing transaction agreement that creates each cost or discount.
(3) The commercial financing transaction agreement shall include a description of the methodology for calculating any variable payment amount and the circumstances that may cause a payment amount to vary.
(4) The provisions of this section apply to a commercial financing transaction consummated on or after January 1, 2023.

Legislative History

Amended by Chapter 114, 2024 General Session