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Financial Services Law Insights and Observations

California reinstates single commercial loan licensing exemption under the CFL

Licensing State Issues California State Legislation Commercial Finance DFPI California Financing Law Money Service / Money Transmitters

On April 28, the California governor signed SB 577, which amends provisions relating to certain financial institutions, including California Financing Law (CFL), Escrow Agent, and Money Transmitter licensees.

The bill reinstates a licensing exemption available to commercial lenders in California. Specifically, the bill reenacted a provision that formerly expired on January 1, 2022. This reinstated provision permits a lender to make a single loan within a 12-month period, if the loan is a commercial loan as defined by the CFL, without having to obtain a CFL license.

The bill also updates contact information to be included on notices posted by California Money Transmitter licensees. Specifically, the bill establishes that California Money Transmitter licensees are required to prominently post, in English and in the same language used by the licensee to conduct business, on the premises of each branch office that conducts money transmission activities a certain notice, including specific contact information for the California Department of Financial Protection and Innovation.

Finally, the bill removes obsolete language from provisions governing criminal and civil background requirements for Escrow Agent licensees.

The bill is effective immediately.