1. (1) Before consummating a commercial financing transaction, a provider shall disclose the terms of the commercial financing transaction in accordance with this section and rules made by the commissioner.

2. (2) A provider shall disclose the following information in connection with each commercial financing transaction:

   1. (a) the total amount of funds provided to the business under the terms of the commercial financing transaction;
   2. (b) the total amount of funds disbursed to the business under the terms of the commercial financing transaction, if less than the amount described in Subsection (2)(a);
   3. (c) the total amount to be paid to the provider under the terms of the commercial financing transaction;

   4. (d) the total dollar cost of the commercial financing transaction, calculated by finding the difference between:

      1. (i) the amount described in Subsection (2)(a); and
      2. (ii) the amount described in Subsection (2)(c);

   5. (e)

      1. (i) the manner, frequency, and amount of each payment; or
      2. (ii) if the amount of each payment may vary, the manner, frequency, and estimated amount of the initial payment; and
   6. (f) a statement of whether there are any costs or discounts associated with prepayment under the commercial financing transaction, including a reference to the paragraph in the commercial financing transaction agreement that creates each cost or discount.
3. (3) The commercial financing transaction agreement shall include a description of the methodology for calculating any variable payment amount and the circumstances that may cause a payment amount to vary.
4. (4) The provisions of this section apply to a commercial financing transaction consummated on or after January 1, 2023.

Amended by Chapter 114, 2024 General Session