1 (1) In this legislation:
“licence” means a licence as defined in part one of the Act, to take part in a designated activity known in part 2 of the legislation;
“representation” means a representation as defined in area 4 (1) for the Act.
(2) The definitions in part 1 and role 6.1 of this Act submit an application for the purposes with this legislation.
2 The company of payday loan provider is designated when it comes to purposes associated with concept of “designated task” in part 142 regarding the Act.
Application of this Act and legislation
3 The provisions associated with the Act and also this regulation that apply to an online payday loan connect with each loan, whatever the true amount of lenders mixed up in loan.
Application for the licence
4 (1) a job candidate for the licence must submit listed here towards the manager:
(a) in the event that applicant is really a business, the names and details of
(i) the officers that are senior as defined when you look at the company Corporations Act, associated with the business, and
(ii) the beneficial people who own the stocks for the business;
(b) in the event that applicant is a partnership, the name and target of each and every partner into the partnership;
(c) in the event that applicant is just a single proprietor, the title and target of this proprietor;
(d) in the event that 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 your applicant is conducting business.
(2) An applicant for the licence must submit to the also manager
(a) a duplicate regarding the documents that are following the applicant uses or promises to utilize:
(i) the standard loan contract;
(ii) an example loan contract for $300 for a fortnight, along with charges and fees;
(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 associated with the loan cancellation;
(vi) an example commercial collection agency notification as needed by area 115 associated with the Act, and
(b) aggregate intypeation in an application and containing the knowledge needed because of the manager.
(3) Without restricting paragraph (b) of subsection (2), the aggregate information submitted under that paragraph must add information respecting the amount of loans, quantity of deals, loan quantities, loan extent and wide range of standard costs.
Licence for every location
5 A payday loan provider will need to have a split licence for 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 term maybe perhaps not surpassing 36 months.
Show of licence
7 (1) A payday loan provider must prominently display the licence when you look at the location which is why the licence is granted.
(2) In the event that payday loan provider does company by way of the online world, the lender that is payday show the licence quantity as well as other recognition, in a questionnaire authorized because of the director, prominently at, or near, the top the basic web web page associated with the web site for British Columbia borrowers.
(3) The payday loan provider must are the licence quantity in every representations and advertisements that are visual.
Company title on licence
8 A payday loan provider should never carry in a company in a title aside from the title in the licence.
Licence application costs
9 at the mercy of any relevant charges set because of the administrative authority, a individual need to pay the next licence application costs and submit the costs aided by the man or woman’s application for a licence:
(a) $1 500 each year when it comes to hq or location that is primary
(b) $750 each year for every single additional location from that the licensee conducts company.
Reporting modifications to your manager
10 (1) A payday loan provider must submit the after information to the manager within week or two for the modification occurring:
(a) a modification of target for the hq or even for a spot from where a licensee conducts company;
(b) in the event that licensee is really a firm,
(i) a big change in the officers that are senior as defined within the company Corporations Act, of this licensee, or
(ii) a product improvement in the useful ownership of this stocks associated with licensee.
(2) If a lender that is payday changes towards the papers needed by area 4 (2), the applicant must submit copies associated with the changed documents towards the manager within fourteen days for the change occurring.
Retention of papers
11 A payday loan provider must retain all loan that is payday, receipts as well as other papers utilized for each pay day loan for a time period of 24 months after the cash advance is completely paid back.
Away from Province payday loan providers
12 If a payday lender is based outside British Columbia, the payday loans OR payday lender must make sure the cash advance agreement offers the target regarding the payday lender’s workplace in British Columbia for solution of papers.
Signs and notices
13 (1) A payday loan provider must show at each and every associated with the loan provider’s places of company
(a) an indicator noticeable to borrowers straight away on going into the bar or nightclub, and
(b) an indicator noticeable to borrowers at each and every destination where a quick payday loan is negotiated.
(2) an indication under subsection (1) (a) must retain the information described in subsection (4) and
(a) be the absolute minimum of 61 centimetres wide by 76 centimetres in height,
(b) be white and also have a 5 centimetres wide purple edge,
(c) have text in a color that contrasts aided by the history, and
(d) have text at the very least 72 points in proportions.
(3) an indication under subsection (1) (b) must support the information known in subsection (4) and also text at the least 28 points in size.
(4) an indication needed under this area must include just the after information when you look at the order that is following
“Maximum charges permitted in Uk Columbia for a loan that is payday 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 annual percentage rate charged by the payday lender for a $300 loan for two weeks per year”;
(f) the payday lender’s licence quantity.
(5) A payday loan provider business that is doing the online world must display a realize that is
(a) associated with color and contains the information needed under subsections (2) and (4), and
(b) noticeable to borrowers
(i) at or close to the the surface of the basic web page for the internet site for British Columbia borrowers, and
(ii) in an area on the internet site that precedes the applying when it comes to loan.
(6) A payday loan provider that gives, organizes or provides an online payday loan by phone must reveal to a borrower that is prospective information in subsection (4).