- This file was automatically generated by VIMEO 0 00:00:00.145 --> 00:00:03.485 Uh, let's jump into talking about the state of Utah now. 1 00:00:03.625 --> 00:00:07.605 Um, Utah, uh, they changed the definition into 2 00:00:07.605 --> 00:00:10.165 what a commercial finance broker is when it comes 3 00:00:10.165 --> 00:00:11.645 to their disclosure law. 4 00:00:12.065 --> 00:00:13.685 So this one caught my attention a lot 5 00:00:13.685 --> 00:00:16.045 because I feel like the, the, the definition 6 00:00:16.045 --> 00:00:18.125 of the disclosure laws around the country, 7 00:00:19.195 --> 00:00:21.165 they each say something similar, 8 00:00:21.385 --> 00:00:23.525 but the wording is always gonna be the one thing 9 00:00:23.525 --> 00:00:25.085 that you really have to pay attention to. 10 00:00:25.745 --> 00:00:29.285 So, um, let's talk about that really quick. 11 00:00:29.865 --> 00:00:32.045 The, I have the definition right here. 12 00:00:32.235 --> 00:00:33.405 Well, do you want, do you want, what do you want, 13 00:00:33.405 --> 00:00:34.925 do you want to say anything regarding that? Yeah, 14 00:00:34.925 --> 00:00:37.165 I don't know that I, I have the definition memorized, 15 00:00:37.185 --> 00:00:38.685 but let's just talk about broadly 16 00:00:38.795 --> 00:00:40.085 what it, what it refers to. 17 00:00:40.265 --> 00:00:41.265 Do you I have the definition. Oh, 18 00:00:41.265 --> 00:00:42.205 you have a definition. Okay. 19 00:00:42.985 --> 00:00:45.285 So part of the definition that has changed from 20 00:00:45.845 --> 00:00:49.405 a per broker, meaning a person who for compensation 21 00:00:49.545 --> 00:00:51.525 or the expectation of compensation, 22 00:00:51.565 --> 00:00:53.965 arranges a commercial financing transaction 23 00:00:54.115 --> 00:00:55.325 between a third party 24 00:00:55.705 --> 00:01:00.535 and business in the state to a person 25 00:01:00.675 --> 00:01:03.215 who, and then they have like about 1, 2, 3, 4, 5, 26 00:01:03.525 --> 00:01:07.055 like five sub uh, definitions. 27 00:01:07.915 --> 00:01:10.375 So, yeah. Do you want me to read that or, I mean, it's 28 00:01:10.375 --> 00:01:12.175 A little, so let's just, I'll just talk about broadly 29 00:01:12.175 --> 00:01:13.815 because at the end of the day, we're not lawyers anyway. 30 00:01:13.835 --> 00:01:16.655 And you need to do your, do your own research at, at the end 31 00:01:16.655 --> 00:01:20.655 of the day, it really tries to, uh, eliminate the ambiguity 32 00:01:20.655 --> 00:01:22.295 as to what constitutes a broker. 33 00:01:22.575 --> 00:01:23.775 'cause before it was very vague, Hey, 34 00:01:23.775 --> 00:01:26.095 if you connect somebody with financing in the state of Utah, 35 00:01:26.095 --> 00:01:28.015 you're a broker and you're subject to this massive law. 36 00:01:28.015 --> 00:01:29.535 And people are like, well, what does it mean if I connect? 37 00:01:29.885 --> 00:01:33.135 Yeah. What if I am just a person who generates the lead? 38 00:01:33.235 --> 00:01:37.775 Am I a broker? Um, what if this person is talking 39 00:01:37.795 --> 00:01:41.615 to the customer in a consulting, um, uh, sort 40 00:01:41.615 --> 00:01:43.295 of position? 41 00:01:43.395 --> 00:01:46.415 Are they a broker? I think there was a lot of ambiguity as 42 00:01:46.415 --> 00:01:47.815 to what constituted a broker. 43 00:01:48.005 --> 00:01:49.415 Yeah. In the current definition 44 00:01:49.475 --> 00:01:52.575 or now the previous definition of the law. 45 00:01:53.075 --> 00:01:55.535 And they'd clarified and they cleared it up. 46 00:01:55.635 --> 00:01:57.895 Uh, basically a broker, one part 47 00:01:57.895 --> 00:01:59.855 of it is the broker making the offer. 48 00:02:00.165 --> 00:02:02.215 What constitutes a broker is that they have the ability 49 00:02:02.235 --> 00:02:03.855 to bind the transaction. 50 00:02:04.235 --> 00:02:06.095 So if they are really in a position to say, 51 00:02:06.145 --> 00:02:07.095 these are the numbers and if 52 00:02:07.095 --> 00:02:08.175 you sign it, it will go through. 53 00:02:08.595 --> 00:02:10.135 That's, that's definitely a broker. 54 00:02:10.405 --> 00:02:11.855 Well, if you're talking to someone like, ah, 55 00:02:11.855 --> 00:02:13.975 you might qualify for the 10, $20,000, 56 00:02:14.195 --> 00:02:16.015 but they're in no position Tobin, anyone. 57 00:02:16.165 --> 00:02:17.575 Yeah. You know, there maybe some kind 58 00:02:17.575 --> 00:02:18.735 of advisor or whatever. 59 00:02:19.005 --> 00:02:20.055 They may not be a broker. 60 00:02:20.075 --> 00:02:21.615 And of course you can't take it from me. 61 00:02:21.615 --> 00:02:22.735 You can't take it from the bank. 62 00:02:22.755 --> 00:02:24.335 You need to consult an attorney. Yeah. 63 00:02:24.355 --> 00:02:26.295 For anything legal, reg, you know, regulatory. 64 00:02:26.315 --> 00:02:27.535 And, and I think we have to say this 65 00:02:27.535 --> 00:02:31.375 because this is something that ironically a lot 66 00:02:31.375 --> 00:02:32.615 of people have approached me about. 67 00:02:32.615 --> 00:02:34.895 They're like, what type of lawyer do I go to? 68 00:02:35.115 --> 00:02:36.255 Can I call like the lawyer 69 00:02:36.275 --> 00:02:38.695 that's like on the billboards, that's like car crash, 70 00:02:38.915 --> 00:02:40.015 No compliance attorney. 71 00:02:40.155 --> 00:02:41.335 Go onto to d bank.com. 72 00:02:41.335 --> 00:02:43.295 We have an MCA industry attorney list. 73 00:02:43.325 --> 00:02:45.495 It's really not just MCA, uh, limited. 74 00:02:45.495 --> 00:02:48.775 There's various types on there. Go onto the attorney list. 75 00:02:48.795 --> 00:02:50.735 We have a bunch. Those are not the only ones. 76 00:02:50.735 --> 00:02:52.815 But you need to be talking to a regulatory 77 00:02:53.155 --> 00:02:55.895 or a compliance attorney who's familiar specifically 78 00:02:55.895 --> 00:02:58.655 with these type of laws, adding these particular 79 00:02:58.655 --> 00:02:59.655 States. That's who you 80 00:02:59.655 --> 00:03:00.925 need to be talking to. Correct. 81 00:03:01.065 --> 00:03:03.165 Not your next door neighbor who does real estate law. 82 00:03:04.115 --> 00:03:06.085 It's, I think we talked about it. 83 00:03:06.115 --> 00:03:07.085 There's too many people do that. 84 00:03:07.235 --> 00:03:08.085 Well, that's what I'm saying. 85 00:03:08.085 --> 00:03:09.725 I was like, this is something I think we really need 86 00:03:09.725 --> 00:03:12.245 to stress about is that these disclosure laws, at the end 87 00:03:12.245 --> 00:03:14.885 of the day, if, if you're doing business outside 88 00:03:14.885 --> 00:03:17.565 of New York, like this is gonna impact you in some way, 89 00:03:17.565 --> 00:03:20.925 shape or form, uh, depending on where, where you practice. 90 00:03:21.465 --> 00:03:23.485 Um, so yeah, so it is definitely important 91 00:03:23.505 --> 00:03:24.725 to make sure you get the right attorney.