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On August 2, 2023, the Office of Administrative Law (OAL) approved regulations under the California Consumer Financial Protection Law (CCFPL) concerning the offering and provision of commercial financing and other financial products and services to small businesses, nonprofits, and family farms.  The new rules, which define unfair, deceptive, and abusive acts or practices in the offering and provision of commercial financing and require annual reporting of commercial financing activity, make California the first state to police abusive acts and practices in commercial financing.  The regulations became effective on October 1, 2023.

Providers of commercial financing can learn more about the annual reporting requirements below.  To help you compile the information required in this report, you may wish to print a blank copy of the form.

CCFPL Commercial Financing Annual Report FAQs

Who is required to file the report?

Any person engaged in the business of offering or providing commercial financing or another financial product or service to a small business, nonprofit, or family farm whose business activities are principally directed or managed from California.

Please see California Code of Regulations, title 10, section 1060(d), (f), (h), and (i) for additional definitions.

When is the first annual report due?

The CCFPL commercial financing annual report is due annually on or before March 15 and covers commercial financing activity during the preceding calendar year. The first report is due on March 15, 2025.

How do I file the report?

CCFPL commercial financing annual reports must be submitted electronically through theDFPI Self-Service portal. To submit the annual report, you must create a self-service portal account following these steps:

  • Click the link: Registration. Enter all required information.
  • For the question “Are you registering to file a Commercial Financing Annual Report?”, click “Yes”then click “Submit Registration”.
  • The screen will show a “Sign Up Confirmation” stating your request will be reviewed within five (5) business days.
  • DFPI staff will approve the request.
  • You will receive an email confirming your account has been activated. You can now provide a designated email address.

You can create your portal account at any time.  Beginning January 2, 2025, the first report will be available in the portal once your account is created and approved.

Are there any exemptions to filing this report?

The following commercial financing providers are exempt from filing this report:

  • A provider that makes no more than one (1) commercial financing transaction to small businesses, nonprofits, or family farms in a 12-month period.
  • A provider that makes five (5) or fewer0 commercial financing transactions to small businesses, nonprofits, or family farms in a 12-month period that are incidental to the business of the provider.

What type of commercial financing activity is required to be reported?

Any accounts receivable purchase transactions, including factoring, asset-based lending transactions, commercial loans, commercial open-end credit plans, or lease financing transactions made to small businesses, nonprofits, or family farms whose activities are principally directed or managed from California should be reported in this report.

More information on types of commercial financing can be found in Division 9.5 of the Financial Code (sections 22800 – 22806) and California Code of Regulations, title 10, section 900.

A provider that is licensed under the California Financing Law (CFL) must not include in the report information for any commercial financing activity conducted under the authority of the CFL license.

My company does not calculate or disclose the annual percentage rate (APR) when making commercial financing transactions. How do I report the APR information requested?

If you did not provide any required disclosures to comply with California Code of Regulations, title 10, section 920(a), you are not required to calculate or report the APR information requested in the report. You must indicate you do not provide APR disclosures in the report.

What happens if the report is not filed by the March 15th deadline?

Failure to submit the annual report by the March 15 deadline is a violation of the CCFPL and may result in penalties.

Where can I find the regulations that require this report?

The annual report is required by California Code of Regulations, title 10, section 1062(c). You can link to the regulation through the DFPI’s website Laws and Regulations page.

I need help filing this report. Who can I contact?

For further assistance in filing the annual report, please contact the Supervision and Registration of New Covered Persons program via email at [email protected] or call (866) 275-2677.

Last updated: Dec 17, 2024 @ 3:23 pm