§ 6.2-2228 Definitions
As used in this chapter, unless the context requires a different meaning: “Recipient” means a person whose principal place of business is in the Commonwealth and that applies for sales-based financing and is made a specific offer of sales-based financing by a provider. A recipient may also be an authorized representative of such person. A person acting as a broker cannot be a recipient. “Sales-based financing” means a transaction that is repaid by the recipient to the provider, over time, as a percentage of sales or revenue, in which the payment amount may increase or decrease according to the volume of sales made or revenue received by the recipient. Sales-based financing also includes a true-up mechanism where the financing is repaid as a fixed payment but provides for a reconciliation process that adjusts the payment to an amount that is a percentage of sales or revenue. “Sales-based financing broker” or “broker” means a person that, for compensation or the expectation of compensation, obtains or offers to obtain sales-based financing from a provider for a recipient. “Sales-based financing provider” or “provider” means a person that extends a specific offer of sales-based financing to a recipient. Unless otherwise exempt, “provider” also includes a person that solicits and presents specific offers of sales-based financing under an exclusive contract or arrangement with a provider. “Specific offer” means the specific terms of sales-based financing, including price or amount, that are quoted to a recipient, based on information obtained from or about the recipient, which, if accepted by a recipient, shall be binding on the provider, as applicable, subject to any specific requirements stated in such terms.
History
This law was first created in 2022. The record of its establishment is cataloged in chapter 516 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year.
2022, c. 516.