[farley]

Hello all. Does anyone know if a funder needs to be SEC registered to allow an individual investor to syndicate with them on deals? I'm not talking large amounts of money (<$1mln). Obviously if a company is offering debt or equity, that might require SEC registration, but since cash advances are technically neither, my hunch is that SEC registration is not required? Thanks.

[BB_Cooper]

It can fall under the Reg D exception, but you should consult securities counsel. If your syndication can be considered a security, take the extra step of getting counsel to show you how to do it right.

[Karen37a]

I am not an expert at this subject in the mca space, but I do know in order to fall into the reg D exception 3 Rules have to be met rule 504 , 505 and 506 and if you do you must file a "form d" electronically with the SEC and there is a electronic system that tracks the filings.

Like BB Cooper said, get counsel. Make sure the person specializes in some type of Banking, Financial Services , or Corporate Finance securities, and they are not just a Divorce Attorney.

This is why I didn't jump into lending the minute I hit the scene and now that I have been in the industry awhile I think, geezus glad I wasn't cocky or crazy enough to think I could just show up and start lending even with the contacts I have. I would have had my arse handed to me on a silver plate. ( even though I never had a default to date, only one slow pay, knocking on wood)

People cant be all things to all people.

Forewarned is forearmed.

[staten]

I am assuming you mean registered as a RIA, it depends, if they are holding your cash in custody the answer is yes.

[Karen37a]

I hate studying for tests or worse yet, sitting in a class or school when I can pass the test with a 90 before showing up.

Sometimes you have to bite the bullet.

[anydealfunded]

It would be nice for carried interest!!! Good value add for participants.

[soscap]

Hello all. Does anyone know if a funder needs to be SEC registered to allow an individual investor to syndicate with them on deals? I'm not talking large amounts of money (<$1mln). Obviously if a company is offering debt or equity, that might require SEC registration, but since cash advances are technically neither, my hunch is that SEC registration is not required? Thanks.

If you're a broker you should be considered an "accredited investor"

Pursuant to Section 3.1.1 of the Syndication Agreement entered into on (DATE) between SOS and Syndicator, Syndicator hereby confirms that it, he or she is either (I) an “accredited investor” as defined in Rule 501(a) of Regulation D of the Securities Act of 1933, as amended, and is capable of evaluating the merits and risks of any investment it may make in connection with the Agreement and it has the ability and capacity to protect its own interests or (II) has the professional sophistication or business experience to participate in such investments due to his/her/its specialized training or business experience, familiarity with similar transactions or other involvement in the credit card receivables industry.

[fundmcas]

Does anyone know which MCA syndication platforms are the most reputable?

[tgabcmca]

Does anyone know which MCA syndication platforms are the most reputable?

Wondering this myself...