Louisiana Revised Statutes 51:1914 – Required disclosure statement
Terms Used In Louisiana Revised Statutes 51:1914
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
At least seven days prior to the time any person signs a contract for the services of a loan broker, or the time of the receipt of any consideration by the loan broker, whichever occurs first, the broker must provide to the party with whom he contracts a written document, the cover sheet of which is entitled in at least ten point bold face capital letters “DISCLOSURE REQUIRED BY LOUISIANA LAW”. Under this title shall appear the statement in at least ten point type that “The state of Louisiana has not reviewed and does not approve, or disapprove any loan brokerage contract. The information contained in this disclosure has not been verified by the state. If you have any questions see an attorney before you sign a contract agreement.” Nothing except the title and required statement shall appear on the cover sheet. The disclosure document shall contain the following information:
(1) The name of the broker; whether the broker is doing business as an individual, partnership, or corporation; the names under which the broker has done, is doing, or intends to do business; and the name of any parent or affiliated companies.
(2) The names, addresses, and titles of the broker’s officers, directors, trustees, general partners, general managers, principal executives, and any other persons charged with responsibility for the broker’s business activities; and all the broker’s employees located in Louisiana.
(3) The length of time the broker has conducted business as a loan broker.
(4) A full and detailed description of the actual services that the broker undertakes to perform for the prospective borrower.
(5) One of the following statements, whichever is appropriate:
(a) “As required by Louisiana law, this loan broker has secured a bond by ______________________________, a surety authorized to do business in this state. A certified copy of this bond is filed with the state treasurer. Before signing a contract with this loan broker, you should check with the surety company to determine the bond’s current status,” or
(b) “As required by Louisiana law, this loan broker has established a trust account (number of account) with (name/address of bank or savings institution). Before signing a contract with this loan broker you should check with the bank or savings institution to determine the current status of the trust account.”
Added by Acts 1982, No. 811, §1.