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GUIDE · UNITED STATES · UPDATED SEP 2026

State Commercial Financing Disclosure Laws: A Working Guide

Which states require it, what they require, and where the patchwork is still growing.

Three years ago, only California and New York required commercial lenders to give small business borrowers a standardized disclosure before signing. Today at least eleven states require some form of it. Two more, Illinois and New Jersey, passed their own versions in 2026, and several other states have bills pending. If you originate sales-based financing, term loans, or factoring across state lines, this is a moving compliance surface, not a one-time checklist.

This is a working reference, not legal advice. Requirements change and exemptions are specific. Confirm current requirements with counsel before relying on this for a live transaction.

State-by-state comparison

State Disclosure required Provider/broker registration Notable scope or exemption
CaliforniaYes, since 2022NoBroad scope: loans, sales-based financing, factoring
New YorkYes, since 2023NoSimilar breadth to California, different calculation method
UtahYes, since 2023Yes, annual, with DFIExcludes financings over $1 million
FloridaYes, since 2023NoStandard-group format
GeorgiaYes, since 2024Yes, brokers specificallyCovers financing of $500,000 or less
ConnecticutYes, since 2024NoNon-standard format, own applicability rules
KansasYes, since 2024NoStandard-group format
VirginiaYes, since 2022NoLimited to sales-based financing under $500,000
MissouriYesNoStandard-group format
TexasYes, since 2025NoNarrowly focused on sales-based financing (HB 700)
IllinoisYes, new in 2026Check current textRecently enacted, still being interpreted by practitioners
New JerseyYes, new in 2026Check current textProposed exemptions for low-volume and larger-ticket providers

The two rough groups

Florida, Georgia, Kansas, Missouri, and Utah share a broadly similar structure, sometimes called the standard group. It centers on APR-style disclosure, total repayment amount, finance charge, and payment frequency, given before the merchant signs.

California, Connecticut, New York, and Virginia are less uniform with each other. Applicability rules and exemptions differ, and some reach beyond sales-based financing into term loans and open-end credit.

What's changed most recently

Texas enacted its own law in 2025, narrowly focused on merchant cash advance rather than general commercial lending. Illinois and New Jersey both passed new disclosure legislation in 2026, and Florida, Maryland, and North Carolina are actively debating similar bills according to industry trackers. If your lending footprint touches more than two or three states, treat this table as provisional. It has grown almost every year since California's original law took effect.

The practical takeaway

Most exemptions hinge on specific, checkable facts: transaction volume in the state over a trailing 12 months, loan size thresholds, and whether the provider is a bank. None of that is guesswork. It's a matter of knowing which states you touch and checking the current threshold in each one. That's why this is worth revisiting periodically rather than filing away after one read.

Put this to work on your own disclosure

Two free tools built for exactly this, currently covering California.

Check your disclosure → Generate a draft disclosure →
This guide reflects publicly available legal and industry commentary as of September 2026. It is not legal advice and should not be relied on for compliance decisions. Confirm current requirements, exemptions, and effective dates with qualified counsel before acting.