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New York MCA Final Disclosure Laws

DO ANY REGULATIONS EXIST THAT GOVERN A MERCHANT CASH ADVANCE?

  • 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.
  • This is significant development since New York’s Commercial Finance Disclosure Law (CFDL) went into effect August 1st, 2023 and in the law the CFDL has extended disclosure requirements ordinarily required for consumer lending to commercial financing instruments such as a merchant cash advance.
  • The laws apply equally to both


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Beginning early 2010, after the Great Recession, when the American housing market blew up and the world fell into a financial crisis, conventional banking institutions, for example Chase Bank and Citi, were unwilling to extend credit to small businesses.As a direct result of the housing debacle, banks reacted with a plethora of new internal regulation, making it almost impossible for the average small business to qualify for a business loan.Worse yet, the Government’s intervention in saving the banking industry, brought with it more regulation, laws and strict underwriting standards, making it exceedingly unlikely for a small business to obtain necessary
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New York’s Commercial Financing Disclosure Law SB 5740UPDATED AND CLARIFIEDNEW REGULATION GOVERNING MERCHANT CASH ADVANCE POSITIONS IN THE STATE OF NEW YORKJune 2, 2021SB 5740 is New York State’s new law (commencing January 1st, 2021), requiring non-conventional lenders, including funders of Merchant CashAdvance, to make certain disclosures in the contract paperwork, available for a small business borrower to make informed borrowing decisions. Examples of required disclosures include revealing the total cost of financing as well as presenting the small business borrower with a defined APR (Annual Percentage Rate).SB 5740 applies to Merchant Cash Advance. In fact, New York law writers
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NEW YORK PASSES MERCHANT CASH ADVANCE REGULATIONCOMMENCING – JANUARY 1st  2022“New York State Adopts Truth In Lending (TILA) – Like Disclosure Law for Business Loans, including Merchant Cash Advance and Purchase of Future Receivables.”The Birth of S.B 5470On December 23rd of 2020, New York State Governor Andrew Cuomo signed Senate Bill 5470 or S.B. 5470 into law.https://www.nysenate.gov/legislation/bills/2019/s5470What is S.B 5470?S.B. 5470 is a New York law requiring non-bank lenders to provide corporate borrowers specific disclosures in the loan paperwork and prior to formalconsummation of the loan. The law was enacted in order to create more transparency for small
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Only a Consumer National Debt Relief Attorney Can Help You With Total & Lasting Debt Elimination! This applies to most forms of debt, including but not limited to Merchant Cash Advance Loans, Payday Loans, Hard Money Loans, IRS Tax Debt, Medical Bills, Credit Card Debt and in certain instances even Student Loan Debt.
INTRODUCTION:
As an attorney licensed & practicing in Florida, New York and New Jersey, with a focus on Total Consumer Debt Relief, I am receiving more and more clients, who were once signed into an alleged debt settlement program, hired a non-attorney to address their debt
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