1 (1) In this legislation:
« licence » means a licence as defined in part hands down the Act, to take part in a designated activity known in part 2 with this legislation;
« representation » means a representation as defined in part 4 (1) associated with Act.
(2) The definitions in part 1 and role 6.1 of this Act make an application for the purposes for this legislation.
2 The company of payday loan provider is designated when it comes to purposes associated with the concept of « designated task » in part 142 associated with Act.
Application for the Act and legislation
3 The conditions associated with Act and also this regulation that apply to a quick payday loan connect with each loan, regardless of wide range of loan providers active in the loan.
Application for the licence
4 (1) a job candidate for the licence must submit listed here into the manager:
(a) in the event that applicant is just a company, the names and details of
(i) the senior officers, as defined into the company Corporations Act, regarding the business, and
(ii) the useful people who own the shares for the business;
(b) in the event that applicant is a partnership, the title and target of every partner within the partnership;
(c) in the event that applicant is just a single proprietor, the title and target associated with the proprietor;
(d) if the hq of a job candidate is located outside British Columbia, a certification of enrollment into the applicant’s house jurisdiction showing the applicant’s title and just about every other names under that the applicant is conducting business.
(2) a job candidate for the licence must additionally submit to your manager
(a) a duplicate for the documents that are following the applicant uses or promises to utilize:
(i) the loan agreement that is standard
(ii) an example loan contract for $300 for a fortnight, along with costs and costs;
(iii) the price framework for a loan that is payday including interest and permissible fees;
(iv) the cancellation notice kind;
(v) a questionnaire acknowledging the receipt of this loan termination;
(vi) an example commercial collection agency notification as needed by part 115 associated with Act, and
(b) aggregate intypeation in a questionnaire and containing the data needed because of the manager.
(3) Without restricting paragraph (b) of subsection (2), the aggregate data submitted under that paragraph must consist of information respecting the sheer number of loans, wide range of deals, loan quantities, loan period and wide range of standard costs.
Licence for every single location
5 A payday loan provider will need to have a licence that is separate each location from where the payday loan provider conducts company in British Columbia.
Term of licence
6 The manager might issue a licence for a phrase perhaps not surpassing 3 years.
Show of licence
7 (1) A payday loan provider must prominently show the licence within the location which is why the licence is given.
(2) In the event that payday lender does company in the shape of the net, the lender that is payday show the licence quantity as well as other recognition, in a questionnaire authorized because of the manager, prominently at, or near, the top the basic web web page of this web site for British Columbia borrowers.
(3) The payday loan provider must range from the licence quantity in every representations and artistic adverts.
Company title on licence
8 A payday loan provider should never carry a business on in a title apart from the title in the licence.
Licence application costs
9 at the mercy of any relevant charges set by the authority that is administrative a person need to pay the next licence application costs and submit the charges using the man or woman’s application for a licence:
(a) $1 500 each year when it comes to hq or main location;
(b) $750 each year for every single location that is additional that the licensee conducts company.
Reporting modifications to your director
10 (1) A payday loan provider must submit the information that is following the manager within week or two regarding the modification occurring:
(a) a big change in address when it comes to hq and for a place from where a licensee conducts company;
(b) in the event that licensee is just an organization,
(i) a modification of the senior officers, as defined into the Business Corporations Act, of this licensee, or
(ii) a material improvement in the ownership that is beneficial of stocks of this licensee.
(2) If a lender that is payday modifications towards the documents needed by area 4 (2), the applicant must submit copies associated with changed documents towards the manager within week or two for the modification occurring.
Retention of papers
11 A payday loan provider must retain all cash advance agreements, receipts and other documents employed for each cash advance for a time period of two years after the cash advance is completely paid back.
Away from Province payday payday loans California lenders
12 If your payday loan provider is based outside British Columbia, the lender that is payday make sure the cash advance agreement provides the target associated with payday lender’s workplace in British Columbia for solution of papers.
Indications and notices
13 (1) A payday loan provider must show at each and every for the loan provider’s places of business
(a) an indication noticeable to borrowers immediately on going into the bar or nightclub, and
(b) an indication noticeable to borrowers at each and every destination where a quick payday loan is negotiated.
(2) an indicator under subsection (1) (a) must support the information described in subsection (4) and
(a) be the very least of 61 centimetres wide by 76 centimetres in height,
(b) be white and possess a 5 centimetres wide purple border,
(c) have actually text in a color that contrasts aided by the back ground, and
(d) have text at the least 72 points in proportions.
(3) a sign under subsection (1) (b) must retain the information described in subsection (4) and possess text at the very least 28 points in proportions.
(4) an indicator needed under this area must include just the after information into the following order:
« Maximum charges permitted in Uk Columbia for a cash advance: 15% associated with the principal »;
« We charge. The payday lender’s total prices for an online payday loan »;
» For the $300 loan for two weeks:
Total price of borrowing =. The payday lender’s total costs for a $300 loan for two weeks »;
« Apr =. The apr charged by the payday lender for a $300 loan for two weeks per 12 months »;
(f) the payday loan provider’s licence quantity.
(5) A payday loan provider business that is doing the online world must show a realize that is
(a) associated with color and has now this content needed under subsections (2) and (4), and
(b) visually noticeable to borrowers
(i) at or close to the the top of basic web page associated with the internet site for British Columbia borrowers, and
(ii) in an area on the internet site that precedes the applying for the loan.
(6) A payday loan provider that gives, organizes or provides an online payday loan by phone must reveal to a potential debtor the information in subsection (4).