[Chambo]

and if you do any of that, the funder is on the hook....

How many licensed funders out there will want to take that risk?

[Funder Mark]

So if my funding company is in NY, the ISO in Florida, and the client in Texas, where would the ISO have to be licensed in NY?

[Funder Mark]

Exactly, and would all people in the brokerage have to be approved by the licensing board, or just the owner?

Too many questions at this point, and not enough information to make an informed opinion.

[Sean Cash]

How about we all just read what the referenced law says?

----
SB 197, Block. Finance lenders: commercial loan: referral.
Existing law, the California Finance Lenders Law, provides for the licensure and regulation of finance lenders by the Commissioner of Business Oversight. Existing law makes a willful violation of the law by any person a crime. Existing law defines a finance lender as any person who is engaged in the business of making consumer loans or commercial loans. Existing law defines a commercial loan as a loan of a principal amount of $5,000 or more, or any loan under an open-end credit program, whether secured by either real or personal property, or both, or unsecured, the proceeds of which are intended by the borrower for use primarily for purposes other than personal, family, or household.
This bill would authorize a licensed finance lender to compensate an unlicensed person in connection with the referral, as defined, of one or more prospective borrowers to the licensee for a commercial loan if certain requirements are met. These requirements would include, among other things, that the referral leads to the consummation of a commercial loan, the loan contract provides for an annual percentage rate that does not exceed a certain percentage, the licensed finance lender obtains documentation from the prospective borrower documenting the borrower’s commercial status, and that the licensee maintains records of compensation paid to an unlicensed person, as specified. The bill would make a licensee paying compensation to an unlicensed person in connection with a referral liable for any misrepresentation made to a borrower in connection with that loan made to that borrower by that licensee. The bill would authorize the commissioner to adopt regulations imposing conditions on this referral activity, as specified. The bill would also require a licensed finance lender who receives an application for a commercial loan from a prospective borrower who has been referred by an unlicensed person to provide a specified statement to the borrower regarding the referral arrangement. The bill would prohibit any person receiving compensation in connection with a referral that leads to the consummation of a commercial loan from engaging in specified acts and would authorize the commissioner to order this person to desist and refrain from engaging in the business or further violating those provisions governing such referral.
By creating new requirements, the willful violation of which would be a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Bill Text
The people of the State of California do enact as follows:

SECTION 1. Section 22602 is added to the Financial Code, to read:

22602. (a) A licensee that is a finance lender may pay compensation to a person that is not licensed pursuant to this division in connection with the referral of one or more prospective borrowers to the licensee, when all of the following conditions are met:
(1) The referral by the unlicensed person leads to the consummation of a commercial loan, as defined in Section 22502, between the licensee and the prospective borrower referred by the unlicensed person.
(2) The loan contract provides for an annual percentage rate that does not exceed 36 percent.
(3) Before approving the loan, the licensee does both of the following:
(A) Obtains documentation from the prospective borrower documenting the borrower’s commercial status. Examples of acceptable forms of documentation include, but are not limited to, a seller’s permit, business license, articles of incorporation, income tax returns showing business income, or bank account statements showing business income.
(B) Performs underwriting and obtains documentation to ensure that the prospective borrower will have sufficient monthly gross revenue with which to repay the loan pursuant to the loan terms, and does not make a loan if it determines through its underwriting that the prospective borrower’s total monthly expenses, including debt service payments on the loan for which the prospective borrower is being considered, will exceed the prospective borrower’s monthly gross revenue. Examples of acceptable forms of documentation for verifying current and projected gross monthly revenue and monthly expenses include, but are not limited to, tax returns, bank statements, merchant financial statements, business plans, business history, and industry-specific knowledge and experience. If the prospective borrower is a sole proprietor or a corporation and the loan will be secured by a personal guarantee provided by the owner of the corporation, a credit report from at least one consumer credit reporting agency that compiles and maintains files on consumers on a nationwide basis shall also be considered.
(4) The licensee maintains records of all compensation paid to unlicensed persons in connection with the referral of borrowers for a period of at least four years.
(5) The licensee annually submits information requested by the commissioner regarding the payment of compensation in the report required pursuant to Section 22159.
(b) A licensee that pays compensation to a person that is not licensed pursuant to this division in connection with a referral for a commercial loan made by that licensee to a borrower shall be liable for any misrepresentation made to that borrower in connection with that loan.
(c) The following activities by an unlicensed person are not authorized by this section:
(1) Participating in any loan negotiation.
(2) Counseling or advising the borrower about a loan.
(3) Participating in the preparation of any loan documents, including credit applications.
(4) Contacting the licensee on behalf of the borrower other than to refer the borrower.
(5) Gathering loan documentation from the borrower or delivering the documentation to the licensee.
(6) Communicating lending decisions or inquiries to the borrower.
(7) Participating in establishing any sales literature or marketing materials.
(8) Obtaining the borrower’s signature on documents.
(d) The prohibitions in subdivision (c) do not apply if the unlicensed person meets one or more of the following criteria:
(1) Is exempt from licensure under this division.
(2) Is exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code.
(3) Is a business assistance organization recognized by the United States Small Business Administration.
(4) Is engaged in one or more of the activities described in paragraphs (1) to (8), inclusive, of subdivision (c) in connection with five or fewer commercial loans in a 12-month period made by persons licensed under this division.
(e) The commissioner may adopt regulations under this section to impose conditions on the referral activity authorized under this section. The commissioner may classify persons, loans, loan terms, referral methods, and other matters within his or her jurisdiction, and may prescribe different requirements for different classes of loans.
(f) Nothing in this section shall authorize the payment of a referral fee to an unlicensed person for a residential mortgage loan, nor the payment of a referral fee to a person required to be licensed under Section 10131 or 10131.1 of the Business and Professions Code, unless such person is licensed by the Bureau of Real Estate pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code.
(g) For the purposes of this section, “referral” means either the introduction of the borrower and the finance lender or the delivery to the finance lender of the borrower’s contact information.

SEC. 2. Section 22603 is added to the Financial Code, to read:

22603. A licensee that is a finance lender shall provide a prospective borrower who has been referred by an unlicensed person the following written statement, in 10-point font or larger, at the time the licensee receives an application for a commercial loan, and shall require the prospective borrower to acknowledge receipt of the statement in writing:

“You have been referred to us by [Name of Unlicensed Person]. If you are approved for the loan, we may pay a fee to [Name of Unlicensed Person] for the successful referral. [Licensee], and not [Name of Unlicensed Person] is the sole party authorized to offer a loan to you. You should ensure that you understand any loan offer we may extend to you before agreeing to the loan terms. If you wish to report a complaint about this loan transaction, you may contact the Department of Business Oversight at 1-866-ASK-CORP (1-866-275-2677), or file your complaint online at www.dbo.ca.gov.”

[Sean Cash]

SEC. 3. Section 22604 is added to the Financial Code, to read:

22604. (a) Any person that receives compensation in connection with a referral, as described in Section 22602, that leads to the consummation of a commercial loan under this division may not do any of the following:
(1) Make a materially false or misleading statement or representation to a prospective borrower about the terms or conditions of a prospective loan.
(2) Advertise, print, display, publish, distribute, or broadcast any statement or representation with regard to the conditions for making or negotiating a loan that is false, misleading, or deceptive, or that omits material information that is necessary to make the statements made not false, misleading, or deceptive.
(3) Engage in any act in violation of Section 17200 of the Business and Professions Code.
(4) Commit an act that constitutes fraud or dishonest dealings.
(5) Fail to safeguard a prospective borrower’s personally identifiable information.
(b) For purposes of this section, “personally identifiable information” means information that is not publicly available, that a prospective borrower provides for the purpose of obtaining a loan or other financial product. Personally identifiable information includes information a prospective borrower provides on an application to obtain a loan, credit card, or other financial product or service.
(c) Whenever, in the opinion of the commissioner, any person is engaged in the business of soliciting borrowers for a loan to be made by a licensee under this division, and the person is not in compliance with this section, Section 22602, Section 22603, or any other provision of this division authorizing such activity or exempting the person from this division, the commissioner may order the person to desist and to refrain from engaging in the business or further violating this division.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

[AndyYSCISOdept]

Yo sean, can you just summarize this for me?

[Funder Mark]

Yo sean, can you just summarize this for me?

If I am reading the entire damn thing, so can you.

[Chambo]

If I am reading the entire damn thing, so can you.

In a nutshell, if you are unlicensed and refer (submit a file to) a licensed fund in CA

1) you cannot misrepresent any information or procedure
2) you cannot have anything to do with the funding process
3) you cannot precipitate any gathering of loan documents
4) you cannot forward any of the funding decisions to the borrower
5) you cannot obtain any signature from the merchant on behalf of borrow

[AndyYSCISOdept]

In a nutshell, if you are unlicensed and refer (submit a file to) a licensed fund in CA

1) you cannot misrepresent any information or procedure
2) you cannot have anything to do with the funding process
3) you cannot precipitate any gathering of loan documents
4) you cannot forward any of the funding decisions to the borrower
5) you cannot obtain any signature from the merchant on behalf of borrow

Question, so lets say I work as an ISO broker at a licensed fund....how doesthi s law propose we do any business if I am not personally licensed?

[Michael I]

In a nutshell, if you are unlicensed and refer (submit a file to) a licensed fund in CA

1) you cannot misrepresent any information or procedure
2) you cannot have anything to do with the funding process
3) you cannot precipitate any gathering of loan documents
4) you cannot forward any of the funding decisions to the borrower
5) you cannot obtain any signature from the merchant on behalf of borrow

but with loan me you are not doing any of that . you are just giving a name and phone number

[brokerCompany]

Looks like loanme wants you to be licensed or they wont accept your deals even though they do everything on the files

[Michael I]

Yo sean, can you just summarize this for me?

i am with andy . cliff notes please

[Sean Cash]

Yo sean, can you just summarize this for me?

Yeah, it basically looks really bad at face value. I suggest everyone get attorney opinions before they broker anymore deals in California as it may be a crime going forward.

[Funder Mark]

Yeah, it basically looks really bad at face value. I suggest everyone get attorney opinions before they broker anymore deals in California as it may be a crime going forward.

So I was right? Damn, I impress even myself... LOL

[Sean Cash]

So I was right? Damn, I impress even myself... LOL

I just sent the law to a lawyer and haven't heard back yet. So I haven't heard any legal opinions myself, but at face value, this is one of those things where you shouldn't rely on what guys on a forum are saying. The law looks pretty threatening and as I mentioned before, most MCA companies are actually doing commercial loans in California even though they do advances in other states. For all the ISOs out there, I would consult a lawyer to walk you through this.

[AndyYSCISOdept]

So I was right? Damn, I impress even myself... LOL

how does it feel, to be right for the first time? LOL! In all seriousness though you may have been onton something as this could get pretty serious

[WhoisKingsley]

lol- Loanme is also a referral based company (from what I understand). You go into their portal and enter the information of the business that is looking for capital and Loanme does the rest. All your doing is providing them a Referral- you are not the broker. They are a "LENDER". Unless you are a licensed broker for a loan product, you can't be the broker in some states unless you have licensing... correct?

What I am getting at from the Loanme website and the referral "law" it is only for "referrals" for loan products? or all Alt. Business Financing Products?

[LoanMe]

lol- Loanme is also a referral based company (from what I understand). You go into their portal and enter the information of the business that is looking for capital and Loanme does the rest. All your doing is providing them a Referral- you are not the broker. They are a "LENDER". Unless you are a licensed broker for a loan product, you can't be the broker in some states unless you have licensing... correct?

What I am getting at from the Loanme website and the referral "law" it is only for "referrals" for loan products? or all Alt. Business Financing Products?

Amanda,

Yes LoanMe is a referral based lender. You are correct in the fact that our partners log into the LoanMe partner portal and submit basic contact information. Unfortunately even when simply referring the California based borrower to LoanMe for a Loan this Senate Bill 197 will apply. Many of you may have received similarly worded emails from other lenders providing LOANS to California businesses and residents. We urge you to read the full bill and make your own determination.

LoanMe provides Business Loans, and does not provide Merchant Cash Advances and therefore cannot speak to if this applies to those lender types.

Here is the section from the Senate Bill 197 which defines a referral:

SECTION 1. Section 22602 is added to the Financial Code, to read:
22602. (g) For the purposes of this section, “referral” means either the introduction of the borrower and the finance lender or the delivery to the finance lender of the borrower’s contact information.

If any of our partners have any questions and/or need additional clarification they can contact us. We are here to help as best we can- in order to comply with this newly passed California senate bill 197.

Remember this Senate Bill 197 only affects submission to us that are California based businesses and borrowers.
This will NOT affect lead submission in the other 29 states LoanMe lends in.

[Funder Mark]

If you are unregistered, basicly the only thing you can do is provide a referral.

[Funder Mark]

So with Loan Me I would imagne you are ok, since it is only a referral, any other traditional ISO with another setup is going to be in trouble. Sean, is this now the LAW in California, or a proposal?

[Sean Cash]

So with Loan Me I would imagne you are ok, since it is only a referral, any other traditional ISO with another setup is going to be in trouble. Sean, is this now the LAW in California, or a proposal?

Looking it up, it already passed and got signed into law. But from what LoanMe is saying, it doesn't go into effect until next month.

[brokerCompany]

So with Loan Me I would imagne you are ok, since it is only a referral, any other traditional ISO with another setup is going to be in trouble. Sean, is this now the LAW in California, or a proposal?

Loanme email: "In compliance with this Law, LoanMe will not be able to accept your California leads as of January 1st, 2016"
You have to be licensed.
I got emails from some other lenders as well so everyone is taking the government thuggery serious.
Wonderful when bureaucrats regulate your lively hood. California will regulate your business and personal life but let the illegals run rampant.
But I am sure a smart creative brokers can work around this.

[Chambo]

Loanme email: "In compliance with this Law, LoanMe will not be able to accept your California leads as of January 1st, 2016"
You have to be licensed.
I got emails from some other lenders as well so everyone is taking the government thuggery serious.
Wonderful when bureaucrats regulate your lively hood. California will regulate your business and personal life but let the illegals run rampant.
But I am sure a smart creative brokers can work around this.

Unfortunately, this "thuggery" is necessary, thanks to all the unscrupulous scumbags out there. You remember back in school when one bad kid got the whole class in trouble?

[Christian]

So with Loan Me I would imagne you are ok, since it is only a referral, any other traditional ISO with another setup is going to be in trouble. Sean, is this now the LAW in California, or a proposal?

Not so. LoanMe will not accept referrals for CA business unless they have your CA Lenders License on file. From their email:

"In compliance with this Law, LoanMe will not be able to accept your California leads as of January 1st, 2016; without your California Finance Lenders License on file."

[brokerCompany]

Not so. LoanMe will not accept referrals for CA business unless they have your CA Lenders License on file. From their email:

"In compliance with this Law, LoanMe will not be able to accept your California leads as of January 1st, 2016; without your California Finance Lenders License on file."

That has been covered already. Surety bond for 25,000 might cost someone anywhere from $300-1200. out of pocket