SBA releases Paycheck Protection details-
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  1. #1
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    Quote Originally Posted by Yankeeman07 View Post
    Murky Waters - Keep in mind the merchant is applying for a "Loan" - Let's assume for a moment you are correct,
    and you change the maximum $2500.00 fee that is allegedly allowed on the SBA Form 159D - Merchant is declined - then what?

    Also IMO - there are a few land mines in the agreement.

    https://disasterloan.sba.gov/ela/Documents/Fee_Disclosure_Form_and_Compensation_Agreement_(15 9D).aspx
    Also If your Agreement makes it clear your Fee is for Document Preparation and Filing and ETC ETC and is Paid upfront and has nothing to do with them being Approved or not. Its just like the example I used above with the Student Loan Deferment - Yea you can Apply yourself, and hopefully it works out, or you can pay our fee and let us handle it for you.

    And if your charging more than $2,500 thats ridiculous anyway
    Last edited by ryan $; 04-10-2020 at 12:08 PM.

  2. #2
    Senior Member Reputation points: 338265
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    Quote Originally Posted by ryan $ View Post
    Also If your Agreement makes it clear your Fee is for Document Preparation and Filing and ETC ETC and is Paid upfront and has nothing to do with them being Approved or not. Its just like the example I used above with the Student Loan Deferment - Yea you can Apply yourself, and hopefully it works out, or you can pay our fee and let us handle it for you.

    And if your charging more than $2,500 thats ridiculous anyway
    Ryan,

    Investment Bankers use a similar model. There were time when I would charge a client an advisory fee for seeking alternative options for a business. There would be an upfront retainer charged and an hourly rate. For capital raises: Always an exclusive agreement, retainer, and success fees. Size of transaction and scope of work usually dictates fees.
    My last engagement as an investment banker was for an advisory role that ultimately turned into a capital raise.
    Advisory was $25K upfront and $300 an hour plus expenses. The capital raise was $75Mil .....combination of equity and debt. I lowered the retainer on that portion to $15K . Success fee was 2% on any debtor....senior or mezz. Equity was 2% plus equity/warrants on the back end. I still have the warrants.... Equity closed was $40Mil with a Family Office I know well. Senior and mezz was $35Mil ....bank and mezz fund. I deducted the retainers from fees at closing.
    Kevin Henry
    VP-Business Development
    Seacoast Business Funding, a division of Seacoast Bank
    561-850-9346
    Kevin.Henry@SeacoastBF.com
    1880 N Congress Ave., Suite 404
    Boynton Beach, FL 33426

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