[Code of Federal Regulations]

[Title 12, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 12CFR226.6]



[Page 283-284]

 

                       TITLE 12--BANKS AND BANKING

 

                   CHAPTER II--FEDERAL RESERVE SYSTEM

 

PART 226_TRUTH IN LENDING (REGULATION Z)--Table of Contents

 

                        Subpart B_Open-End Credit

 

Sec. 226.6  Initial disclosure statement.



    The creditor shall disclose to the consumer, in terminology 

consistent with that to be used on the periodic statement, each of the 

following items, to the extent applicable:

    (a) Finance charge. The circumstances under which a finance charge 

will be imposed and an explanation of how it will be determined, as 

follows:

    (1) A statement of when finance charges begin to accrue, including 

an explanation of whether or not any time period exists within which any 

credit extended may be repaid without incurring a finance charge. If 

such a time period is provided, a creditor may, at its option and 

without disclosure, impose no finance charge when payment is received 

after the time period's expiration.

    (2) A disclosure of each periodic rate that may be used to compute 

the finance charge, the range of balances to which it is applicable,\11\ 

and the corresponding annual percentage rate.\12\ When different 

periodic rates apply to different types of transactions, the types of 

transactions to which the periodic rates apply shall also be disclosed.

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    \11\ A creditor is not required to adjust the range of balances 

disclosure to reflect the balance below which only a minimum charge 

applies.

    \12\ If a creditor is offering a variable rate plan, the creditor 

shall also disclose: (1) The circumstances under which the rate(s) may 

increase; (2) any limitations on the increase; and (3) the effect(s) of 

an increase.

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    (3) An explanation of the method used to determine the balance on 

which the finance charge may be computed.

    (4) An explanation of how the amount of any finance charge will be 

determined,\13\ including a description of how



[[Page 284]]



any finance charge other than the periodic rate will be determined.

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    \13\ If no finance charge is imposed when the outstanding balance is 

less than a certain amount, no disclosure is required of that fact or of 

the balance below which no finance charge will be imposed.

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    (b) Other charges. The amount of any charge other than a finance 

charge that may be imposed as part of the plan, or an explanation of how 

the charge will be determined.

    (c) Security interests. The fact that the creditor has or will 

acquire a security interest in the property purchased under the plan, or 

in other property identified by item or type.

    (d) Statement of billing rights. A statement that outlines the 

consumer's rights and the creditor's responsibilities under Sec. Sec. 

226.12(c) and 226.13 and that is substantially similar to the statement 

found in appendix G.

    (e) Home equity plan information. The following disclosures 

described in Sec. 226.5b(d), as applicable:

    (1) A statement of the conditions under which the creditor may take 

certain action, as described in Sec. 226.5b(d)(4)(i), such as 

terminating the plan or changing the terms.

    (2) The payment information described in Sec. 226.5b(d)(5) (i) and 

(ii) for both the draw period and any repayment period.

    (3) A statement that negative amortization may occur as described in 

Sec. 226.5b(d)(9).

    (4) A statement of any transaction requirements as described in 

Sec. 226.5b(d)(10).

    (5) A statement regarding the tax implications as described in Sec. 

226.5b(d)(11).

    (6) A statement that the annual percentage rate imposed under the 

plan does not include costs other than interest as described in 

Sec. Sec. 226.5b(d)(6) and (d)(12)(ii).

    (7) The variable-rate disclosures described in Sec. 226.5b(d)(12) 

(viii), (x), (xi), and (xii), as well as the disclosure described in 

Sec. 226.5b(d)(5)(iii), unless the disclosures provided with the 

application were in a form the consumer could keep and included a 

representative payment example for the category of payment option chosen 

by the consumer.



[Reg. Z, 46 FR 20892, Apr. 7, 1981, as amended at 54 FR 24688, June 9, 

1989]