I am confused about Cali Law. Do I need a license?
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  1. #1
    Quote Originally Posted by Olderguy View Post
    Well I have been dealing with FundShop, SmartBiz, Smart Advanced, to name a few and it's never come up. For the very few loans that are done California, it doesn't justify the licensing requirements as near as I can tell.
    For some it's not worth doing business in California, and for others they roll the dice and choose to ignore the requirements. For you, I highly recommend contacting an attorney. You seem to be located in California, which would make me think it would be easier for them to enforce penalties.

    any person who willfully violates any provision of this division, or who willfully violates any rule or order adopted pursuant to this division, shall, upon conviction, be punished by a fine of not more than ten thousand dollars ($10,000), by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code, or by both that fine and imprisonment. However, no person may be imprisoned for the violation of any rule or order unless he or she had knowledge of the rule or order. Conviction under this section shall not preclude the commissioner from exercising the authority provided in Section 22713.

  2. #2
    Senior Member Reputation points: 71496 Olderguy's Avatar
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    Quote Originally Posted by OC Funder View Post
    For some it's not worth doing business in California, and for others they roll the dice and choose to ignore the requirements. For you, I highly recommend contacting an attorney. You seem to be located in California, which would make me think it would be easier for them to enforce penalties.

    any person who willfully violates any provision of this division, or who willfully violates any rule or order adopted pursuant to this division, shall, upon conviction, be punished by a fine of not more than ten thousand dollars ($10,000), by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code, or by both that fine and imprisonment. However, no person may be imprisoned for the violation of any rule or order unless he or she had knowledge of the rule or order. Conviction under this section shall not preclude the commissioner from exercising the authority provided in Section 22713.
    Bro....the lenders (super brokers) are doing just fine funding deals in California....give one of them a call and ask them. I think you are misinterpreting the law. Don't you think the lenders know this?
    Steve Benjamin
    Professional Business Loans

    522 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.

  3. #3
    Quote Originally Posted by Olderguy View Post
    Bro....the lenders (super brokers) are doing just fine funding deals in California....give one of them a call and ask them. I think you are misinterpreting the law. Don't you think the lenders know this?
    Lenders operate outside the law all the time. In fact multiple lenders have paid massive fines for violating CA licensure laws. Based on banking attorneys have told me, this is my understanding of how it works. Maybe your lenders know better.

  4. #4
    Senior Member Reputation points: 71496 Olderguy's Avatar
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    Quote Originally Posted by OC Funder View Post
    Lenders operate outside the law all the time. In fact multiple lenders have paid massive fines for violating CA licensure laws. Based on banking attorneys have told me, this is my understanding of how it works. Maybe your lenders know better.
    I doubt that is the case with the lender's I indicated above. Maybe some MCA lenders, but not thie super brokers I deal with. Make a phone call.
    Steve Benjamin
    Professional Business Loans

    522 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.

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