10 Va. Admin. Code § 5-60-60

Current through Register Vol. 41, No. 6, November 4, 2024
Section 10VAC5-60-60 - Schedule prescribing annual fees paid for examination, supervision, and regulation of consumer finance companies

Pursuant to § 6.2-1532 of the Code of Virginia, the commission sets the following schedule of annual fees to be paid by licensees under the Act to defray the costs of examination, supervision, and regulation of licensees by the bureau.

Each licensee shall be assessed a minimum annual fee of $150 plus $150 for each office where the licensee was authorized to engage in business under the Act as of December 31 of the calendar year preceding the date of the assessment. For example, the minimum annual fee due June 1, 2025, for a licensee that maintained a single authorized office as of December 31, 2024, would be $300 ($150 flat fee + $150 office fee) and the minimum annual fee due June 1, 2025, for a licensee who maintained three authorized offices as of December 31, 2024, would be $600 ($150 flat fee + $450 office fee).

In addition to the minimum fee, each licensee shall be assessed the following fees:

Fee for net loans receivable:

Net Loans Receivable**

This Amount

Plus

Loans Receivable Exceeding

Under $300,000

$0

0

x

$0

$300,000 - $750,000

$0

.00085

x

$300,000

$750,000 - $2 million

$382.50

.00070

x

$750,000

$2 million - $5 million

$1,257.50

.00055

x

$2 million

Over $5 million

$2,907.50

.00040

x

$5 million

Fee for other licensee assets (total assets of licensee minus net loans receivable):

Other Licensee Assets**

This Amount

Plus

Assets Exceeding

Under $300,000

$0

0

x

$0

$300,000 - $750,000

$0

.00011

x

$300,000

$750,000 - $2 million

$50

.00004

x

$750,000

$2 million - $5 million

$100

.00003

x

$2 million

Over $5 million

$200

0

x

$5 million

Fee for total assets of affiliates that conduct business in any of the licensee's authorized offices:

Affiliate Assets**

This Amount

Plus

Assets Exceeding

Under $300,000

$0

0

x

$0

$300,000 - $750,000

$0

.00022

x

$300,000

$750,000 - $2 million

$100

.00012

x

$750,000

$2 million - $5 million

$250

.00008

x

$2 million

Over $5 million

$500

0

x

$5 million

**The amounts of such Net Loans Receivable, Other Licensee Assets, and Affiliate Assets will be obtained from the annual reports that § 6.2-1534 of the Code of Virginia requires licensees to file with the bureau on or before the first day of April of each year. Accordingly, fees will be calculated based on Net Loans Receivable, Other Licensee Assets, and Affiliate Assets as of December 31 of the calendar year preceding the date of the assessment. For purposes of this section, "Net Loans Receivable" means the total outstanding principal balance of all loans made under the Act.

In accordance with § 6.2-1532 of the Code of Virginia, annual fees for any given calendar year will be assessed on or before May 1 of that year and must be paid on or before June 1 of that year.

Notwithstanding any provision of this section, if a licensee was not licensed under the Act as of December 31 of the calendar year preceding the date of the assessment, the annual fee shall be $0.

Fees prescribed and assessed pursuant to this schedule are apart from and do not include the reimbursement for costs authorized by subsection C of § 6.2-1533 of the Code of Virginia.

Sample Annual Fee Calculation:

LICENSEE DATA

FEE

Authorized Offices Maintained

10

$1,650

Net Loans Receivable

$15 million

$6,907.50

Other Licensee Assets

$35 million

$200

Affiliate Assets

$4.5 million

$450

TOTAL ANNUAL FEE

$9,207.50

10 Va. Admin. Code § 5-60-60

Derived from VR225-01-0606, eff. April 14, 1983; amended, Virginia Register Volume 28, Issue 20, eff. June 1, 2012; Amended, Virginia Register Volume 37, Issue 16, eff. 3/15/2021; Amended, Virginia Register Volume 40, Issue 16, eff. 4/1/2024.

Statutory Authority: §§ 6.2-1535 and 12.1-13 of the Code of Virginia.