1 (1) In this legislation:
“licence” means a licence as defined in section hands down the Act, to take part in a designated activity known in part 2 for this legislation;
“representation” means a representation as defined in part 4 (1) of this Act.
(2) The definitions in section 1 and role 6.1 of this Act make an application for the purposes with this legislation.
2 the continuing business of payday loan provider is designated for the purposes associated with concept of “designated task” in area 142 associated with Act.
Application regarding the Act and legislation
3 The conditions associated with the Act and also this regulation that apply to a quick payday loan apply to each loan, regardless of wide range of lenders mixed up in loan.
Application for a licence
4 (1) a job candidate for a licence must submit the next into the manager:
(a) in the event that applicant is just a business, the names and details of
(i) the senior officers, as defined into the company Corporations Act, regarding the firm, and
(ii) the useful people who own the stocks for the organization;
(b) in the event that applicant is a partnership, the title and target of every partner when you look at the partnership;
(c) in the event that applicant is really a single proprietor, the title and target regarding the proprietor;
(d) in the event that head office of a job candidate is located outside British Columbia, a certificate 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) a job candidate for the licence must additionally submit towards the manager
(a) a duplicate associated with after papers that 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 costs;
(iii) the price framework for a loan that is payday including interest and permissible costs;
(iv) the cancellation notice kind;
(v) an application acknowledging the receipt of this loan cancellation;
(vi) an example business collection agencies notification as required by area 115 associated with Act, and
(b) aggregate information in a questionnaire and containing the data needed because of the manager.
(3) Without restricting paragraph (b) of subsection (2), the aggregate information submitted under that paragraph must add information respecting how many loans, quantity of deals, loan quantities, loan period 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 might issue a licence for a phrase maybe perhaps not surpassing 36 months.
Show of licence
7 (1) A payday loan provider must prominently show the licence into the location which is why the licence is released.
(2) In the event that payday loan provider does company by way of the internet, the lender that is payday show the licence quantity along with other recognition, in an application authorized by the manager, prominently at, or near, the top the basic web web page for the site for British Columbia borrowers.
(3) The payday loan provider must range from the licence quantity in most representations and visual adverts.
Company title on licence
8 A payday loan provider should never carry a business on in a title aside from the title from the licence.
Licence application charges
9 susceptible to any applicable charges set because of the authority that is administrative an individual need to pay the next licence application fees and submit the charges using the man or woman’s application for the licence:
(a) $1 500 each year for the head office or location that is primary
(b) $750 each year for every extra location from that the licensee conducts company.
Reporting modifications to the manager
10 (1) A payday loan provider must submit the after information to the director within week or two for the modification occurring:
(a) a modification of target when it comes to head office or even for a place from where a licensee conducts company;
(b) in the event that licensee is just a company,
(i) a modification of the officers that are senior as defined within the company Corporations Act, of this licensee, or
(ii) a product improvement in the beneficial ownership for the stocks of this licensee.
(2) If a payday lender makes modifications to your papers needed by area 4 (2), the applicant must submit copies of this changed documents to your manager within 2 weeks 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 useful for each pay day loan for a time period of 24 months after the cash advance is completely paid back.
Away from Province payday lenders
12 If your payday loan provider is found outside British Columbia, the payday lender must make sure the pay day loan agreement offers the target of this 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 associated with the lender’s places of company
(a) an indication noticeable to borrowers instantly 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 retain the information described in subsection (4) and
(a) be the very least of 61 centimetres in width by 76 centimetres in height,
(b) be white and also have a 5 centimetres wide purple border,
(c) have actually text in a color that contrasts utilizing the history, and
(d) have text at the least 72 points in proportions.
(3) an indicator under subsection (1) (b) must support the information known in subsection (4) while having text at the very least 28 points in dimensions.
(4) an indication needed under this area must contain just the following information within the after order:
“Maximum charges permitted in Uk Columbia for the cash advance: 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 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 web 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 surface of the page that is introductory of internet site for British Columbia borrowers, and
(ii) in an area on the internet site that precedes the application form when it comes to loan.
(6) A payday loan provider that gives, organizes or provides an online payday loan by phone must reveal up to a potential debtor the information in subsection (4).