New York Assembly Bill 9585
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  1. #1

    New York Assembly Bill 9585

    https://debanked.com/2024/03/new-yor...cing-and-more/

    What are people's thoughts on this? What direction are we really headed?

  2. #2
    Senior Member Reputation points: 68639 Olderguy's Avatar
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    I think it's coming...like usury laws on real estate transactions...varies by state....

    MCA's will probably be regulated and maybe brokers licensed like the mortgage industry was in 2008

    Be prepared and learn how to be more of a loan officer.

    Reach out if you want help on non MCA products.
    Last edited by Olderguy; 03-24-2024 at 07:48 PM.
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    @ SBA loans - 7A and 504.
    @ Private money equity and debt for major investments
    @ Personal Loans up to gross income from personal tax return.

  3. #3
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    Except a true MCA is NOT a Loan - nor will it ever be considered a Loan.

    A true MCA is a business owner selling his/her future sales receipts without a specified repayment date.
    A Factor rate is NOT Interest

    And once that rate of interest is computed, “any rate exceeding twenty-five per centum per annum” in accordance with how the rate is allowed to be calculated, will be considered a Class E Felony of Criminal Usury.
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  4. #4
    Senior Member Reputation points: 68639 Olderguy's Avatar
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    Quote Originally Posted by Yankeeman07 View Post
    Except a true MCA is NOT a Loan - nor will it ever be considered a Loan.

    A true MCA is a business owner selling his/her future sales receipts without a specified repayment date.
    A Factor rate is NOT Interest

    And once that rate of interest is computed, “any rate exceeding twenty-five per centum per annum” in accordance with how the rate is allowed to be calculated, will be considered a Class E Felony of Criminal Usury.
    And you don't think they will legislate it away anyways? Seems that way.
    Steve Benjamin
    Professional Business Loans

    1012 Contessa
    Irvine, CA 92620
    steveprobiz@gmail.com
    https://probizloans.net/
    Broker, Underwriter, general business loan expert
    949.228.1050


    @ 24 hour funding working capital loans
    @ Term loans from 3 years to 10 years at 9.5% and up
    @ Equipment financing up to 7 years
    @ Property loans - Hard Money and traditional - Primary, Investment, commercial, land, fix and flip, construction.
    @ SBA loans - 7A and 504.
    @ Private money equity and debt for major investments
    @ Personal Loans up to gross income from personal tax return.

  5. #5
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    The industry may change to actually selling MCA's - not the 3 card Monty product many funders issue today.
    Dave Lambert, Business Development
    dave@fcbankcard.com
    Merchant Services Consultant
    High Risk Merchant Payment Solutions
    SBA 7(a) Loans & Short-Term Funding
    T/VM: 727-291-7890
    Office: 727-233-1111
    Skype: fc-financial

  6. #6
    Senior Member Reputation points: 68639 Olderguy's Avatar
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    Quote Originally Posted by Yankeeman07 View Post
    The industry may change to actually selling MCA's - not the 3 card Monty product many funders issue today.
    Yeah....maybe so and possibly make is illegal to have more than 2 positions?
    Steve Benjamin
    Professional Business Loans

    1012 Contessa
    Irvine, CA 92620
    steveprobiz@gmail.com
    https://probizloans.net/
    Broker, Underwriter, general business loan expert
    949.228.1050


    @ 24 hour funding working capital loans
    @ Term loans from 3 years to 10 years at 9.5% and up
    @ Equipment financing up to 7 years
    @ Property loans - Hard Money and traditional - Primary, Investment, commercial, land, fix and flip, construction.
    @ SBA loans - 7A and 504.
    @ Private money equity and debt for major investments
    @ Personal Loans up to gross income from personal tax return.

  7. #7
    Always the Non mca ppl so sure/ excited to announce "mca is done" . We have weathered many storms, coj ban , covid , terrible economy. Each and every time the same doom and gloom. But here we are. Yes theres an eye on the industry now. And lots of regulation already , and more to come. But businesses will always need money. May get a little harder to fund but well adjust.

  8. #8
    Senior Member Reputation points: 43038 SendDocsPlox's Avatar
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    I cant wait for there to be a standardized broker's exam so I can say goodbye to 90% of the jackasses I've met in this space

  9. #9
    Senior Member Reputation points: 68639 Olderguy's Avatar
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    Quote Originally Posted by SendDocsPlox View Post
    I cant wait for there to be a standardized broker's exam so I can say goodbye to 90% of the jackasses I've met in this space
    Yup...nmls licensing for mortgage brokers wiped out the mortgage industry.
    Steve Benjamin
    Professional Business Loans

    1012 Contessa
    Irvine, CA 92620
    steveprobiz@gmail.com
    https://probizloans.net/
    Broker, Underwriter, general business loan expert
    949.228.1050


    @ 24 hour funding working capital loans
    @ Term loans from 3 years to 10 years at 9.5% and up
    @ Equipment financing up to 7 years
    @ Property loans - Hard Money and traditional - Primary, Investment, commercial, land, fix and flip, construction.
    @ SBA loans - 7A and 504.
    @ Private money equity and debt for major investments
    @ Personal Loans up to gross income from personal tax return.

  10. #10
    Veteran Reputation points: 135660 Chambo's Avatar
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    Quote Originally Posted by Yankeeman07 View Post
    Except a true MCA is NOT a Loan - nor will it ever be considered a Loan.

    A true MCA is a business owner selling his/her future sales receipts without a specified repayment date.
    A Factor rate is NOT Interest

    And once that rate of interest is computed, “any rate exceeding twenty-five per centum per annum” in accordance with how the rate is allowed to be calculated, will be considered a Class E Felony of Criminal Usury.
    In theory you are correct. Unfortunately, too many in this space treat the fixed payment as etched in stone. This makes it a DeFacto usurious loan &attracts the wrath of the Attorney General

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