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STATE COMMERCIAL FINANCING LAW

 

North Dakota Commercial Financing Law

 

HB 1127 (2025) · N.D. Cent. Code ch. 13-04.1 (Money Brokers Act)

 

At a glance

 

  • Status: Law enacted

  • Signed: Apr 11, 2025

  • Effective: Aug 1, 2025

  • Who it covers: Alternative financing products (MCA, RBF, factoring) as designated by the DFI

  • Size cap: 36% annual rate cap under the MBA

  • Regulator: ND Dept. of Financial Institutions (DFI)

Type of rules: Licensing / rate cap · Broad coverage

 

Key requirements

 

  • A different kind of law: instead of requiring disclosures, HB 1127 defines "loan" under the Money Brokers Act to include any "alternative financing product" the DFI identifies by order.

  • Products designated as loans face the full MBA regime — money broker licensing, a 36% annual rate cap, and TILA-style disclosures.

  • As of October 2026, the DFI has not publicly issued an order designating MCA, revenue-based financing, or factoring — but legal analysts warn the new "loan" definition is broad enough that a court could apply it even without a DFI order.

  • The first state to target the legal classification of alternative financing itself rather than mandating transparency around it.

 

What to watch

 

Highest-stakes watch item in the country: if the DFI designates MCA/RBF as loans, the 36% cap would effectively reshape or end those products in North Dakota.

 

North Dakota coverage from Funder Intel

 

 

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States with pending bills: New Jersey · Illinois · Maryland · North Carolina · Pennsylvania

 

Last verified October 2026. Compiled and verified by Funder Intel for general industry information. This is not legal advice. Laws change often, so check the statute and a qualified attorney before making compliance decisions.

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