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IL HB2595

IL HB2595
BUSINESS TRUTH IN LENDING ACT


summary

Introduced
02/04/2025
In Committee
03/21/2025
Crossed Over
Passed
Dead

Introduced Session

104th General Assembly

Bill Summary

Creates the Small Business Financing Transparency Act. Sets forth provisions concerning registration requirements for persons providing commercial financing; additional registration information; registration expiration; functions, power, and duties; subpoena power of the Secretary of Financial and Professional Regulation; disclosure requirements; commercial financing disclosure forms approved for use in other states; violation of disclosure requirements; notification; suspension of registrations, civil penalties, and other discipline; investigation of complaints; confidentiality; appeal and review; registration fees; cease and desist orders; injunctions; exemptions; complaint disclosure; rules; violations; limitations on liability; beginning of registration; beginning of disclosure requirements; severability; and a commercial financing database. Amends the Freedom of Information Act and the Consumer Fraud and Deceptive Business Practices Act to make conforming changes. Effective immediately.

AI Summary

This bill creates the Small Business Financing Transparency Act, which establishes a comprehensive regulatory framework for commercial financing providers in Illinois. The bill requires providers of commercial financing (such as sales-based financing, closed-end financing, open-end financing, and factoring transactions) to register with the Department of Financial and Professional Regulation and provide detailed, standardized disclosures to recipients. These disclosures must include key information like the total financing amount, finance charges, estimated annual percentage rate, total repayment amount, payment terms, and potential additional fees. Providers must register annually, pay a $2,500 fee, and submit extensive information about their financing offers. The bill also establishes a commercial financing database where providers must report detailed transaction information, with strict confidentiality provisions. Exemptions exist for certain types of financial institutions, transactions under specific dollar amounts, and providers making few financing transactions. The Department of Financial and Professional Regulation will have broad investigative and enforcement powers, including the ability to issue cease and desist orders, impose civil penalties, and revoke registrations for violations. The registration and disclosure requirements will begin no earlier than January 1, 2026, giving businesses time to prepare for the new regulations.

Committee Categories

Budget and Finance

Sponsors (1)

Last Action

Rule 19(a) / Re-referred to Rules Committee (on 03/21/2025)

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