Business Lending

Double Factoring Puts Business Owners in Jail

July 29, 2015
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merchant fraudIt’s a case of receivables being sold to two parties at the same time. According to the FBI, Brian Newton and Victoria Snow were convicted last week on 1 count of conspiracy, 13 counts of mail fraud, and 11 counts of wire fraud. They face a combined 40 years in prison.

The pair owned a company called Dataforce International in Clearwater, FL and began factoring their invoices in 2003 through a firm called Amerifactors. “As part of their scheme, Newton and Snow submitted a series of invoices for factoring to Amerifactors that were inflated and that did not reflect work that had been performed by Dataforce,” the report says. “In addition, the two engaged in ‘double factoring,’ which involved submitting the same Dataforce invoices for factoring to both Amerifactors and Prestige Funding.”

That aspect of the crime is significant because of how closely it relates to a questionable practice in the merchant cash advance industry known as stacking. Traditional merchant cash advances are purchases of future receivables and stacking is the instance of when a merchant allegedly sells those receivables to more than one party.

The practice is part of the reason the International Factoring Association actually voted to ban merchant cash advance companies from their trade association last year. “The merchant cash advance financing arrangement often leads to breaches of factoring agreements, because the factor client granted junior liens against the factor’s collateral or took on additional debt without the factor’s consent and knowledge,” wrote Steven N. Kurtz, Esq. last year in The Commercial Factor.”

Notably, Newton and Snow did more than just double factor invoices. Newton was secretly a partner in Prestige Funding, one of the factoring companies. Prestige Funding had raised more than $8 million from over 50 investors according to the FBI’s report and the scheme allowed Newton to divert more than $3 million into his personal bank account.

Sentencing has been set for October 9, 2015.

Business Financial Services Joins The Billion Dollar Club

July 29, 2015
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BFS LogoYet another small business financing company has surpassed a historic milestone. Representatives for Coral Springs, FL-based Business Financial Services, Inc. confirmed that they have funded $1 Billion since inception. BFS, as they’re known in the industry, was founded in 2002, though nearly half of their volume was funded in just the past two years.

deBanked had recently speculated that BFS had funded somewhere between $700 million and $1.2 billion in their lifetime. They are now one of seven companies confirmed to have reached the billion dollar threshold.

New York City-based Merchant Cash and Capital announced hitting the billion dollar mark only four months ago.

“This milestone is indicative of how much demand there is for working capital among small businesses, the backbone of the U.S. economy,” said Marc Glazer, CEO and co-founder of BFS.


BFS/Boost Capital CEO Marc Glazer on Bloomberg London in 2013
Much like Capify, a newly-formed lending conglomerate with operations in multiple countries, BFS has a presence in Canada and the United Kingdom. In the U.K., where they operate as Boost Capital, they’ve got an active relationship with the press.

Norman Carson, director of business development for Boost Capital, recently told The Telegraph, “Smaller companies in Britain have been told for too long that they’re inadequate in some way, operating in too risky a field, lacking in assets, or trading in the wrong way.”

Several commercial finance brokers put BFS in the same league as OnDeck and CAN Capital competitively. Referring to BFS, Arty Bujan of New York City-based Cardinal Equity told deBanked, “I think they’re great and serve a specific sector of our industry for merchants that need more money and are willing to prove they’re worthy of it.” He added that the documentation requirements at least in his experience can be a little bit more stringent than for competing companies that promise to fund almost immediately.

And Chad Otar, a Managing Partner of Excel Capital Management, also of New York City, said, “Business Financial Services is a great addition to have in your pocket for the longer deals.”

$1 billion fundedIn April of this year, BFS extended its credit line with its bank group led by Wells Fargo Bank, N.A. “We are excited to reach this milestone, as it is fueled by our ability to meet the financing needs of so many businesses of different sizes across more than 400 industries,” said Glazer.

BFS is the only billion-dollar-plus funder on the deBanked leaderboard to be based outside of New York City or Silicon Valley. South Florida is widely considered to be one of the top three hubs for tech-based lending. This milestone for BFS is a validation of that.

“With a high percentage of our customers renewing with us, and doing so at higher amounts, we are well-positioned for continued growth,” Glazer said.

SBA 7(a) Loan Program Saved by Congress

July 28, 2015
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The SBA’s famous 7(a) program which hit its annual allotted cap last week was saved yesterday by Congress. The SBA’s fiscal year, which resets on October 1st, was given an emergency budgeted increase of nearly $5 billion. That brings the 2015 cap to $23.5 Billion.

2015 has brought a surge of business lending in all shapes and forms, including SBA loans. At least one tech-based lending platform, SmartBiz, was potentially in limbo when the cap was reached since their model is almost entirely dependent on the 7(a) program.

We reached out to SmartBiz last week to get their thoughts about the program’s suspension but before they could respond, Congress acted to keep the program running.

The dollar amount of 7(a) loans issued each year under $150,000 is about equal to the total dollar volume of loans business lender OnDeck will do in 2015. As of July 11th, that figure for the SBA was at $1.69 Billion.

Failure to Prove Damages Dooms Usury Claim

July 27, 2015
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law booksA recent decision in an adversarial bankruptcy proceeding demonstrates how important it is to prove each and every element of a claim of usury. In the case, the court refused to award relief–despite the rate being conceded as usurious–because the debtor had failed to plead all of the required elements of the claim.

The litigation involved long standing business partners whose relationship had soured. When one partner filed bankruptcy, the other filed a plethora of proof of claims for money allegedly owed.

The debtor countered with usury as a defense. While the creditor conceded that the rate alleged in its proof of claims exceeded the maximum rate in Texas, it argued that the filing of a proof of claim did not constitute a “charge” under Texas’ usury statute. Therefore, the creditor believed it was not subject to the usury penalties.

The court rejected the creditor’s contention and cited to a number of cases that had construed proof of claims as “charges” under Texas’ usury statute. These holdings, coupled with the creditor’s admission, led to a quick finding of fact that the alleged rate was usurious.

The court then turned to the element of damages. The Texas code provides that:

A person who violates this subtitle by contracting for, charging, or receiving interest or time price differential greater than the amount authorized by this subtitle is liable to the obligor for an amount equal to:

(1) twice the amount of the interest or time price differential contracted for, charged or received; and

(2) reasonable attorney’s fees set by this court.

Texas Finance Code § 349.001(a).

Despite the finding of a usurious rate, the court held that the debtor had failed to present any evidence or testimony to prove the amount of interest that was usurious under Texas law. Rather, the debtor had merely made conclusory statements that the interest rate charged was usurious. The court held these statements to be insufficient evidence to justify an award of damages.

Ali v. Merchant (In re Ali), 2015 Bankr. LEXIS 2443 (Bankr. W.D. Tex. July 23, 2015)

A Square IPO Would Be Alternative Lending’s Third

July 26, 2015
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Square IPOFirst Lending Club, then OnDeck, and now… Square? The news media was flooded with stories late last week that payments company Square had filed their S-1 in secret. The move can be done under a JOBS Act provision that allows companies that grossed less than $1 Billion in revenue in the most recent fiscal year.

Square’s merchant cash advance arm, Square Capital, reportedly funded $100 million to small businesses in 2014, a figure large enough to earn them a spot on the deBanked leaderboard.

While often reported as a lending program, Square’s own website describes their working capital transactions as sales of future credit card receivables. At face value, and aside from what their contracts might actually say, it’s a textbook merchant cash advance.

While some publicly traded companies have dabbled in merchant cash advances, the financial product is one of Square’s two major products, the first obviously being payments.

And while OnDeck offers loans that are very similar to merchant cash advances, Square could potentially be the first true merchant cash advance IPO.

View a list of Square’s shareholders and their percentage of ownership

Also on the IPO watch list is CAN Capital, a company that offers both loans and merchant cash advances. In November of last year, Bloomberg and WSJ claimed the company was already working on it. While it has been eight months since that news came out, word on the street is that a CAN Capital IPO is still very much a possibility.

Unfortunately, because of the same JOBS Act provision that allowed Square to file an S-1 (if they actually did) also applies to CAN Capital. There is no way to know what’s going on behind the scenes until the filing is made public or leaked to the media.

Either way, the end of 2015 will likely end in at least one more IPO for the commercial side of alternative lending.

Could Jack Dorsey and his wacky beard be the future face of the merchant cash advance industry?

SBA’s 7(a) Loan Program is Shutting Down (For Now)

July 23, 2015
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SBA 7(a) loan program is sold outAs mentioned on the Coleman Report, the SBA’s 7(a) loan program has experienced overwhelming demand this year, so much so that the SBA is being forced to shut the program down until October 1st when the fiscal year cap on loan approvals resets. At present, their loans are effectively sold out.

One has to wonder how disruptions like this will affect tech-based platforms such as SmartBizLoans.com whose business model depends on the SBA’s 7(a) loan program. Evan Singer, SmartBiz’s General Manager was a panelist at the AltLend Conference in NYC a few days ago.

The SBA has approved over 45,000 loans this year so far totaling more than $16.5 billion, a 25% increase year-over-year. $1.69 billion of that (as of July 11th) was for loans under $150,000.

Last year, the SBA funded $1.86 billion worth of 7(a) loans under $150,000 to small businesses, narrowly making it the top small business funder in the industry. OnDeck was a close second.

SBA 2015 Chart

Generating Leads and Acquiring Borrowers Not Easy in Business Lending

July 21, 2015
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acquiring borrowers is hard“Banks are almost always losing money on small business lending,” said Manish Mohnot, TD Bank’s Head of Small Business Lending, on a panel at the AltLend conference in New York City. It’s a loss leader within the small business segment, he explained, because banks want to bring in deposits.

Funding Circle’s Rana Mookherje concurred. “Banks just can’t make a loan under $500,000 profitably,” he said.

It’s a conundrum few outside banking think about. When consumers and businesses picture banks, they might think of loans, but when banks think of consumers and businesses, they think of deposits. The sentiment amongst the experts at AltLend was that traditional banks and alternative business lenders were not competing with each other for the same customers because each party was after a different objective.

And even when banks think about loans, because obviously they do, they just don’t approach them the way that alternative business lenders do. To that end, ApplePie Capital CEO Denise Thomas said, “Most community banks are looking to make loans backed by an asset. They just don’t want to underwrite [loans] one by one under a million dollars.”

Bankers are genuinely surprised by how alternative lenders subjectively or manually approach business loans, a subject covered just yesterday here on deBanked. Charles Green, the Managing Director of the Small Business Finance Institute and moderator of the New Pioneers panel said he never saw banks use bank transaction history to make underwriting decisions in his 35 years of banking.

The factors paraded as being more important above everything else in alternative lending today have apparently been non-factors in traditional lending for years. “There is no substitute for banking information when reviewing a client for approval,” said Andrew Hernandez, a co-founder of Central Diligence Group, in Do Bank Statements Matter in Lending? Business Lenders and Consumer Lenders Disagree. These kind of statements are mind-blowing in traditional lending circles.

Nevertheless, banks watch in awe as alternative lenders not only make small commercial loans, but do it profitably. But how they source borrowers isn’t rocket science. Jim Salters, the CEO of The Business Backer pointed out that some alternative lenders are marketing on a large scale by running TV or radio commercials. But that level of investment isn’t for everyone, especially younger companies.

“Direct mail isn’t sexy, but it converts,” said Candace Klein, the Chief Strategy Officer of Dealstruck. She also said that her company is doing radio advertising.

Matt Patterson of Expansion Capital Group is well versed in digital marketing and incorporates SEO and online paid advertising such as Facebook in his strategy. There’s a difference in the conversion rate in advertising on Facebook versus something like Google, he explained. On Google, business owners are looking for something whereas on Facebook they stumble across it.

Everyone agreed that Pay-Per-Click marketing such as Google Adwords was very expensive in this competitive landscape.

Jim Salters The Business Backer
Jim Salters, CEO of The Business Backer
But where can funders and lenders reliably turn to acquire deal flow cost effectively? Salters revealed the industry’s worst kept secret, brokers. The Business Backer acquires about half of its volume from brokers and the other half directly, according to Salters.

“The broker channel is one of the most cost effective channels for us,” said Klein, who would not say on the record exactly how much of Dealstruck’s total business was from brokers.

Patterson agreed with the favorable ROI of using brokers, but saw benefits to communicating with small businesses directly. “Everything about that relationship is better when you’re talking directly to that merchant,” he said. And yet, “our direct leads convert much lower than our broker leads will,” he added.

The panelists generally agreed that this was because brokers have essentially already gathered the documents and closed the deal by the time the lender or funder is finally seeing it.

But aren’t brokers and humans the antithesis of tech-based lending?

Brett Baris, the CEO of up-and-coming lender Credibility Capital said, “We were actually a little surprised by how much a human is needed.” Baris’ company acquires most of its leads through a partnership it has with Dun & Bradstreet. Most of their borrowers are prime credit quality.

“The human element is very important to get the higher quality borrowers to the finish line,” Baris noted. TD’s Mohnot was not surprised. For applicants doing $5 million to $6 million a year in revenue, they want somebody to walk them through the loan process, he opined.

“Merchants love talking to people,” Patterson said. “Some of that comes from the frustration of calling their bank and not being able to talk to people.”

But would that mean the assumptions about automation are wrong? Not quite, explained Mohnot. It’s the younger business owners who have the impulse desire to do things fast or online, he said.

And Klein said that observing merchant behavior at least at her company has shown that those all too eager to apply for a loan in an automated online fashion are typically looking for smaller amounts like $20,000 to $40,000. Meanwhile Dealstruck’s loan minimum is $50,000.

Acquisition Panel AltLend

From left to right: Candace Klein, Matt Patterson, Brett Baris, and Manish Mohnot

Not everyone is as fortunate as Baris, who is able to generate leads through the trust inherent in a conversation that originated with a D&B rep, but real actual bank declines are making their way to alternative lenders. They’re not the holy grail that everyone thinks they would be though.

“Conversions tend to be lower from bank leads because they’re expecting 6% and are insulted when they hear [a higher %],” said Klein. And Salters who refers to his company as a “turndown partner of choice for upstream lenders,” shared how hard it is for a bank to partner with an alternative lender in the first place. Years ago, banks were aghast by his hands-on, manual underwriting approach that he felt was his company’s core competency. The banks were afraid their regulators would freak out over something so subjective.

And yet Merchant Cash and Capital’s founder, Stephen Sheinbaum and Credit Junction’s CEO Michael Finkelstein both told an audience that they saw banks as collaborative partners.

Meanwhile, Dealstruck actually has a graduation system where merchants graduate out of their loan program and become eligible for a real bank loan. Klein explained that a small business could be referred to them by the bank and then after a couple of years of good history, they’ll refer it back to them.

The acquisition secret however seems to be in finding your strength. ApplePie is focused exclusively on franchises. Expansion Capital Group has formed relationships with several trade organizations. Credibility Capital goes hand-in-hand with D&B.

New Pioneers Panel, AltLend Conference NYC

From left to right: Stephen Sheinbaum, Michael Finkelstein, Gary Chodes, and Denise Thomas

Still, there is no doubt that the broker channel is alluring, but it can be a slippery slope. Raiseworks CEO Gary Chodes cautioned that “brokers are incentivized to follow the money.” Klein also expressed concern. She knows firsthand how challenging brokers can be since she’s had to terminate some in the past for bad behavior.

“Transparency is extremely important,” Finkelstein proclaimed in regards to the customer experience. This means that lenders can’t simply work off the ROI metric alone. But that ROI is the envy of banks nationwide.

Banks want to refer their clients to alternative lenders because if they get approved, then the lender is going to deposit those funds at their bank, Mohnot alluded.

It would seem that there is not one particular methodology that works better than all the others to acquire a borrower and that’s okay. Alternative lenders struggling to maximize their ROI can take comfort in the fact that banks, with all the resources they have at their disposal, accepted a long time ago that it was impossible to even make money at all in small business lending.

If you’re at least in the black, you’re probably doing just fine…

Alibaba Teams Up with Capify to Make Business Loans

July 21, 2015
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Capify AlibabaHours after AmeriMerchant announced it had been rolled up into an international business lending conglomerate known as Capify, The Australian Financial Review released a story that said Alibaba (NYSE:BABA) would already be teaming up with them. The partnership’s goal is to offer small business loans to 1.9 million Australian customers.

The story quotes Alibaba executive Michael Mang. “The purpose of the collaboration with Capify is to increase traffic and encourage more people to buy things on the internet. We’re not competing with banks and we’re not trying to create competition here. Buying and selling is the core of our business,” Mang told the Financial Review.

John De Bree, the former Managing Director of Australia-based AUSvance is now Australia’s Managing Director of Capify. De Bree reportedly said, “while there is technically no limit to SME’s access to capital, it expects to lend around $40 million to Australian SMEs over the next 12 months.”

AmeriMerchant joined UK-based United Kapital, Australia-based AUSvance, and Canada-based True North Capital to be a “global provider of alternative finance solutions, including business loans and additional working capital products, to small and medium-sized businesses.” AmeriMerchant’s founder David Goldin became the conglomerate’s CEO and President.