Part 7 — Fees Charged by Loan Brokers
54 Charging and collecting fees
person to obtain personal or business credit until the person has
obtained access to the credit, unless the fee
(a) is paid directly to the loan broker by a credit grantor or
lender for a referral of business, or
(b) is for the purpose of obtaining a lease or leasing
arrangements.
(2) This section does not apply to fees charged by
(a) a loan broker who is licensed to deal as a mortgage broker
under the Real Estate Act if the loan is part of a mortgage as
defined in the Real Estate Act,
(b) a federal or prov incial lender by virtue of the legislation
governing the lender, or
(c) a loan broker for performing other services for a person,
such as preparing or analysing business plans, budgets or
financial statements, if
(i) the fee or fees for the services are charged under a
separate contract from any services in connection with a
loan,
(ii) the separate contract cont ains a disclosure statement
about the fee or fees, and
(iii) the separate contract is provided to the person in writing
before payment of the fee is demanded.
RSA 2000 cF-2 s54;2005 c9 s27;2016 c18 s6;2020 c10 s87