Pay Day Loans: Financial and Consumer Services Commission Request for Comments

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(b)

display its licence in an area to which the public has access, so that the licence is visible to persons immediately upon entering the office;

(c)

immediately return the licence to the Director upon notification by the Director that the licence has been cancelled;

(d)

display and provide educational materials about the payday lending industry, financial planning, the Act, the regulations and the rules, that the Director approves and that are visible to borrowers immediately upon entering the office, the website or the mobile application of the licensee; and

(e)

In the event of a payday loan provided over the Internet or other electronic means: (i)

communicate to the borrower, as soon as the borrower makes contact with the licensee, that the educational materials described in paragraph (d) are available; and

(ii)

immediately provide the educational materials to the borrower if requested by the borrower.

Further information or documents required 6.

(1)

An applicant for a licence or for the renewal of a licence must declare on the application whether the applicant is applying to offer, arrange or provide payday loans.

(2)

An applicant for a licence or for the renewal of a licence must include with the application the following documents that the applicant uses or intends to use:

(3)

(a)

for each loan option offered by the applicant, a completed sample payday loan agreement for a $300 loan for a 14 day term that demonstrates that neither the total cost of credit nor any component of the total cost of credit exceeds any maximums set in accordance with the regulations;

(b)

the form to be used by the borrower to cancel the loan, pursuant to section 12 of this Rule;

(c)

the form used by the applicant to acknowledge receipt of the loan cancellation, pursuant to section 13 of this Rule; and

(d)

the form of receipt used by the applicant to acknowledge cash payments made by the borrower, pursuant to subsection 27(6) of this Rule.

The applicant must provide: (a)

an address for service in New Brunswick;

(b)

the names and addresses of all officers and directors; and

(c)

the name of an officer or employee who resides in New Brunswick and who is authorized to provide information requested by the Director and to receive and disseminate information given by the Director.


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