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Commercial Loans Regulatory Requirements

Paul Hastings LLP

The California Financing Law — Commercial and Consumer Lenders Beware

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Lenders or loan brokers based in California or lending to either commercial or consumer borrowers based in California are subject to the California Financing Law (CFL), which imposes licensing requirements on both lenders or...more

Orrick, Herrington & Sutcliffe LLP

Texas enacts new disclosure and registration requirements for commercial financing transactions

Recently, the governor of Texas signed HB 700 into law, amending Title 5 of the Texas Finance Code to establish new disclosure and registration requirements for certain commercial sales-based financing transactions. Under the...more

Womble Bond Dickinson

Insurance Premium Finance Exemption Enacted - Missouri Commercial Finance Disclosure Law

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As we reported last year, Missouri introduced its version of Commercial Finance Disclosure Law (“CFDL”) legislation, following the lead of other states with laws requiring consumer-like disclosures in certain commercial...more

Sheppard Mullin Richter & Hampton LLP

Texas Passes Legislation to Regulate Sales-Based Financing

On June 20, Texas Governor Greg Abbot signed into law HB 700, adding Chapter 398 to the Texas Finance Code. Effective September 1, the statute establishes a regulatory framework for commercial sales-based financing and...more

Holland & Knight LLP

Texas Governor Signs Commercial Sales-Based Financing Legislation Into Law

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Texas Gov. Greg Abbott signed House Bill (HB) 700 into law on June 20, 2025, despite significant opposition from industry with respect to one critical legislative provision. This follows the legislation's approval by the...more

Sheppard Mullin Richter & Hampton LLP

Texas Supreme Court Issues New Interpretation of Texas Usury Law

On May 23, the Texas Supreme Court issued an opinion holding that in determining whether a commercial loan is usurious under Texas state law, the “actuarial method” must be employed. This requires the applicable amount of...more

Womble Bond Dickinson

Insurance Premium Finance Exemption - Maryland Commercial Finance Disclosure Legislation

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Maryland recently introduced Commercial Finance Disclosure Law (“CFDL”) legislation in both the House (HB 693) and Senate (SB 754), following a path of other states with laws requiring consumer-like disclosures in certain...more

Moore & Van Allen PLLC

OCC Issues Guidance Reminding Banks of Risks Associated with Refinancing Commercial Loans

Moore & Van Allen PLLC on

With the amount of commercial real estate loans scheduled for maturity over the next several years expected to increase significantly, there is accompanying heightened risk that some borrowers may be unable to replace their...more

Sheppard Mullin Richter & Hampton LLP

Federal Judge Upholds California’s Small-business Lending Disclosures

On December 4, Judge R. Gary Klausner of the U.S. District Court for the Central District of California granted summary judgment to California’s DFPI upholding the recently adopted commercial financing disclosure regulations...more

BCLP

New York’s Detailed Commercial Finance Disclosure Requirements Take Effect

BCLP on

Compliance with the requirements of New York Financial Services Law sections 801-811 (the Commercial Finance Disclosure Law or “NYCFDL”) as implemented by the New York Department of Financial Services (“DFS”) becomes...more

Ballard Spahr LLP

CFPB partners with State of Maine in amicus brief on Truth in Lending Act coverage

Ballard Spahr LLP on

The CFPB has filed an amicus brief jointly with Maine’s Attorney General, Bureau of Financial Institutions, and Bureau of Consumer Credit Protection in the Maine Supreme Judicial Court in a case, Franklin Savings Bank v....more

Cadwalader, Wickersham & Taft LLP

CFPB Amicus Brief Emphasizes Strength of Truth In Lending Act Anti-Evasion Precedent

The Consumer Financial Protection Bureau ("CFPB") filed an amicus brief in Franklin Savings Bank v. Bordick, a case before the Supreme Court of Maine. In that case, the borrowers took out a loan that they used to finance...more

Dorsey & Whitney LLP

Current Bank Capital and Enforcement Action Considerations

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Because of the devastating effect that the COVID-19 pandemic has had on the entire U.S. economy, the federal Bank Regulators have warned of the possibility that small, medium and large banks may soon be forced to recognize...more

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