[Kristin]

If a customer has not yet decided whether they want a loan to be in their personal names or the name of a trust or LLC, do we not have the first of the six required pieces of information (consumer name)? Or, since we know their names, should we go ahead and disclose the LE in case they later decide to put the loan in their personal names? Do we have an argument that we did not have all six pieces of information if we do not disclose, and later the customer decides to put the loan in their personal names? Assuming, of course, that the loan is consumer purpose.

[rcooper]

You would need to know who your borrower (i.e. the consumer) is before you can proceed with the transaction, including issuing disclosures. A loan to an LLC would not be made to a natural person and therefore not covered by Reg Z. Reg Z (1026.3 commentary) does tell us that loans to certain trusts are considered made to a natural purpose and covered by Reg Z.

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