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Mayer Brown

California Senate Bill 784 Builds Out Solar and Home Improvement Financing Regulations

Mayer Brown on

A bill that would substantially expand solar and home improvement financing requirements is making its way through the California legislature. Senate Bill 784 (“SB 784”) passed the California Senate on June 2, and is now...more

Mayer Brown

How California’s Climate Disclosure Law Impacts Lenders in Subscription Credit Facilities

Mayer Brown on

EXECUTIVE SUMMARY - As part of its Climate Accountability Package, California passed a law last year that creates disclosure requirements related to greenhouse gas (“GHG”) emissions for thousands of U.S. companies,...more

Allen Matkins

Judge Rules That A Front For Mexican Cartel Had The Capacity To Protect Its Own Interests

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California Corporations Code Section 25118(b) provides an exemption from the state's usury limitations for loans.  The exemption is subject to several conditions.  One condition is the existence of either a preexisting...more

Orrick, Herrington & Sutcliffe LLP

District Court grants motion for summary judgment to DFPI in commercial financing disclosure case

Orrick, Herrington & Sutcliffe LLP on

On December 4, the U.S. District Court for the Central District of California granted the California DFPI’s motion for summary judgment in Small Business Finance Association v. Clothilde Hewlett, which challenged the DFPI’s...more

Mayer Brown

Bad Omen: CA Imposes New Fee, UDAAP, and Annual Reporting Requirements on Small Business Financers

Mayer Brown on

Mere days before Halloween, California enacted California Senate Bill 666, imposing a set of restrictions on the fees that commercial financers may charge their small business customers. Signed by the governor on October 13,...more

Katten Muchin Rosenman LLP

California Court of Appeal Ruling Limits Application of Default Interest

Katten Muchin Rosenman LLP on

The California Court of Appeal recently ruled that California law treats default interest measured against the unpaid principal balance of a loan as an unenforceable penalty. In Honchariw v. FJM Private Mortgage Fund, LLC...more

Allen Matkins

The DFPI's Subterranean "True Lender" Doctrine

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Some readers may recall that two years ago the Office of the Comptroller of the Currency adopted a "true lender" rule.  That rule  The rule specified that a bank makes a loan and is the true lender if, as of the date of...more

Morrison & Foerster LLP

Square Peg, Round Hole: MCA Disclosures Under the California Commercial Financing Disclosure Regulations

Morrison & Foerster LLP on

In the third in our series on the California Commercial Financing Disclosure Regulations, we focus on the disclosure requirements for merchant cash advances (MCAs)....more

Allen Matkins

California Bill Would Ban This Unusual "Purpose Credit"

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Regulation U, 12 CFR § 221.1 – 221.125, imposes certain requirements for lenders, other than securities brokers and dealers, who extend credit secured by margin stock.  Regulation U defines "purpose credit" as "any credit for...more

Allen Matkins

CFL Licensees: Beware Of The Ides Of March!

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Every month of the year has an Ides.  This year the Ides will be doubly significant for licensees under the California Financing Law, Cal. Fin. Code § 22000 et seq. ...more

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