How Should A Merchant Cash Advance Be Structured, What is Syndication, and More?

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A recent roundtable hosted by Pepper Hamilton partner Gregory J. Nowak examined some broad questions about merchant cash advances including:

  • What is a merchant cash advance?
  • How should a merchant cash advance transaction be structured?
  • What are the key features for enforceability?
  • Could a merchant cash advance transaction be a security?
  • What is participation? is it a security? If yes, what does that mean?
  • What is syndication?
  • What’s the role of FINRA?

They published the presentation on jdsupra.com and it can be viewed here:

Last modified: June 29, 2020

Category: Legal Briefs, merchant cash advance, Regulation


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