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WHO IS A PROVIDER UNDER THE NEW DISCLOSURE LAW? As one can see, S.B. 5470 defines “Commercial Financing” broadly and INCLUDES PURCHASES OF FUTURE ACCOUNT RECEIVABLES as well as factoring arrangements. Accordingly, despite several of the required disclosures being difficult to apply to a typical Merchant Cash Advance (to be discussed further in this article), the fact remains that S.B. 5470 applies to a Merchant Cash Advance and thus, an MCA that is for $500,000.00 or less, will require the disclosures, pursuant to the newly passed law. https://grantphillipslaw.com/new-york-enacts-apr-disclosure-laws/

How can Charging Interest Exceeding 100%+ be Legal? The world of Merchant Cash Advance is one of ambiguity, deceit, and “invented” to deliberately extract the maximum amount of interest, fees, commissions, and charges possible from small businesses. To qualify one need only show three (3) months of corporate bank statements that reflect some inflow of revenue. That is pretty much the qualification. https://grantphillipslaw.com/new-york-enacts-apr-disclosure-laws/

What is the Intent of the New Law? The intent of S.B 5470 is to provide corporate and small business borrowers with more transparency surrounding their taking of credit, in order to allow for better, more informed decisions, a clearer understanding of how much is being borrowed and under what terms and to provide a corporate borrower with the ability to compare different offers of credit. https://grantphillipslaw.com/new-york-enacts-apr-disclosure-laws/

New York MCA Final Disclosure Laws New York State, by all accounts the haven State for Merchant Cash Advances, ironically is also one of the first States to enact laws that require certain consumer like disclosures even for several commercial loans. https://grantphillipslaw.com/new-york-mca-final-disclosure-laws/

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