1 (1) In this regulation:
“licence” means a licence as defined in part one of the Act, to take part in a designated activity known in area 2 for this legislation;
“representation” means a representation as defined in part 4 (1) associated with Act.
(2) The definitions in area 1 and role 6.1 regarding the Act submit an application for the purposes of the legislation.
2 the continuing company of payday loan provider is designated when it comes to purposes associated with the concept of “designated activity” in part 142 regarding the Act.
Application for the Act and legislation
3 The conditions for the Act and also this regulation that apply to an online payday loan connect with each loan, no matter what the amount of loan providers active in the loan.
Application for the licence
4 (1) a job candidate for a licence must submit listed here towards the director:
(a) in the event that applicant is a firm, the names and details of
(i) the officers that are senior as defined within the company Corporations Act, regarding the firm, and
(ii) the useful people who own the stocks for the firm;
(b) in the event that applicant is really a partnership, the title and address of each and every partner when you look at the partnership;
(c) in the event that applicant is a proprietor that is sole the title and target associated with proprietor;
(d) in the event that hq of a job candidate is located outside British Columbia, a certification of enrollment within the applicant’s home 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 submit to the also manager
(a) a duplicate of this documents that are following the applicant uses or promises to utilize:
(i) the standard loan contract;
(ii) an example loan contract for $300 for two weeks, along with charges and fees;
(iii) the price framework for a cash advance, including interest and permissible fees;
(iv) the cancellation notice kind;
(v) a questionnaire acknowledging the receipt for the loan termination;
(vi) an example commercial collection agency notification as needed by area 115 of this Act, and
(b) aggregate data in a questionnaire and containing the info needed because of the manager.
(3) Without restricting paragraph (b) of subsection (2), the data that are aggregate under that paragraph must consist of information respecting the sheer number of loans, amount of deals, loan amounts, loan extent and amount of standard costs.
Licence for every location
5 A payday loan provider should have a split licence for each location from where the payday loan provider conducts company in British Columbia.
Term of licence
6 The manager may issue a licence for a phrase maybe maybe not surpassing 36 months.
Display of licence
7 (1) A payday loan provider must prominently show the licence when you look at the location which is why the licence is given.
(2) In the event that payday loan provider does company by way of the internet, the payday lender must show the licence quantity as well as other recognition, in an application authorized because of the manager, prominently at, or near, the top the basic web page associated with web site for British Columbia borrowers.
(3) The payday loan provider must through the licence quantity in most representations and advertisements that are visual.
Business title on licence
8 A payday loan provider should never carry a business on in a title aside from the title regarding the licence.
Licence application costs
9 at the mercy of any relevant costs set because of the authority that is administrative a individual need to pay the next licence application costs and submit the charges utilizing the man or woman’s application for the licence:
(a) $1 500 each year when it comes to head office or primary location;
(b) $750 each year for every single extra location from that your licensee conducts company.
Reporting modifications to your manager
10 (1) A payday loan provider must submit the after information to the director within 2 weeks associated with the modification occurring:
(a) a modification of target when it comes to hq or even for an area from where a licensee conducts company;
(b) in the event that licensee is a company,
(i) a modification of the senior officers, as defined into the company Corporations Act, for the licensee, or
(ii) a product improvement in the ownership that is beneficial of stocks of this licensee.
(2) If a lender that is payday modifications to your documents required by area 4 (2), the applicant must submit copies for the changed documents towards the manager within week or two of this change occurring.
Retention of papers
11 A payday loan provider must retain all loan that is payday, receipts and other papers utilized for each cash advance for a time period of 24 months after the pay day loan is completely paid back.
Away from Province payday loan providers
12 If your payday loan provider is situated outside British Columbia, the lender that is payday make sure the cash advance agreement provides the target regarding the 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 of this loan provider’s places of company
(a) an indication visually noticeable to borrowers straight away on entering the bar or nightclub, and
(b) an indication noticeable to borrowers at each destination where an online 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 edge,
(c) have actually text in a color that contrasts aided by the back ground, and
(d) have text at the least 72 points in dimensions.
(3) an indication under subsection (1) (b) must support the information known in subsection (4) and now have text at the least 28 points in dimensions.
(4) an indication needed under this part must contain just the after information into the after order:
“Maximum charges permitted in Uk Columbia for a pay day loan: 15% for the principal”;
“We charge. The payday lender’s total costs for an online payday loan”;
” For a $300 loan for two weeks:
Total price of borrowing =. The payday lender’s total prices for a $300 loan for two weeks”;
“Apr =. The annual percentage rate 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 conducting business on the online world must show a realize that is
(a) of this color and it has this content needed under subsections (2) and (4), and
(b) noticeable to borrowers
(i) at or nearby the the top of page that is introductory of site for British Columbia borrowers, and
(ii) in a place on the https://nationaltitleloan.net/payday-loans-nv/ internet site that precedes the application form when it comes to loan.
(6) A payday loan provider which provides, organizes or provides an online payday loan by phone must reveal up to a borrower that is prospective information in subsection (4).