Business Lending
Think The New California Disclosure Law is Just About a Disclosure Form? Think Again
September 13, 2022
“We’re one of the good guys so of course we’ll comply and include the form with our contracts.”
Variations of the above phrase have been oft-repeated in the last few months by participants in the commercial finance industry when queried by deBanked about California’s new disclosure law. Several companies have shared that they are prepared for what’s to come, but are they? The regulations go into effect on December 9th and begin a new chapter of compliance for the industry.
Though one might be aware that California will require specific disclosures on commercial finance contracts (including purchases of future sales), Katherine C. Fisher, Partner at Hudson Cook, LLP, explained that the breadth of the state’s law will likely require changes to a funding company’s operational processes as well. Fisher told deBanked that there’s not just the matter of disclosing but also the matter of what triggers a disclosure having to be made. What might otherwise be considered the normal discourse between a funding provider and a customer prior to a deal being consummated is now an area requiring close examination.
“If a broker sends a text to a merchant with the offers, could it trigger this?” is one scenario she posed about the threshold for disclosure.
The funding provider needs to know the answer because once the disclosure requirement is triggered, the broker needs to relay back the details of the offers made, the specific disclosures provided, and the timestamp of when this took place. All of this data then needs be stored by the funding provider to maintain compliance.
And funding providers will need to be vigilant.
“The funder is responsible for broker compliance,” Fisher said.
The entire process of who-said-what, when, and how will suddenly become a realm requiring tight control it seems. And that all comes back to the form itself, which is not all that simple either.
California will require funding providers to estimate an APR on a purchase transaction using one of two methods: the Historical Method or the Underwriting Method. While the methodology selected is probably best left to qualified counsel to assist with, the likely deviation of a future estimated APR from a backwards-looking APR was a reality considered by state regulators. To bridge this gap, California requires that funding providers disclose reasonably anticipated true-up scenarios. A true-up in this instance refers to the already well-established option for a merchant to perform a monthly reconciliation of payments if the amount collected is above or below the purchased percentage specified in the contract.
Though the very nature of the reconciliation is a consequence of not being able to predict the future exactly, California’s law requires that funding providers disclose the dates and amounts of the true-ups that they reasonably anticipate. Such concepts and mathematics, once perhaps the subjective domain of a funding provider’s in-house underwriters will soon be subject to regulatory scrutiny for total accuracy. And this just scratches the surface.
The scope of this law is so unique and technical that the Hudson Cook law firm spent a considerable amount of time preparing a guide on this very subject. deBanked saw some of the pages of this guide during a call.
Fisher, meanwhile, insisted that compliance in California is different than compliance with the law recently enacted in Virginia and that if funding providers wait until December to begin preparing, it will probably be too late to be ready in time.
“This is more than just a form,” Fisher said. “You need to spread the word about it.”
Funding Circle US Originates $168M in 1st Half of 2022
September 8, 2022
Funding Circle’s US arm originated $168M worth of small business loans in the first two quarters of 2022.
“In the US, we continued to offer our commercial loan product during the six months to June 2022 and we have expanded this offering to serve super-prime businesses,” the company said in its latest financial disclosures.
Notably, Funding Circle closed funding deals with four banks and credit unions during the period and anticipates adding new investors as the year continues.
Globally, Funding Circle says it has helped 130,000 small businesses access $19.4B in funding since inception.
“Lending investor returns through the platform remain robust and attractive,” the company said on LinkedIn. “We’re making early progress against our medium-term plan to transform the business into a multi-product platform, as we continue to help more small businesses get the funding they need to win.”
Who’s Growing in the Industry?
September 6, 2022Despite Covid, several small business finance companies successfully secured spots on the 2022 Inc 5000 list for their stellar 3-year revenue growth. Here’s a snapshot of who made it:
| Ranking | Company Name | 3 year growth % |
| 127 | Crestmont Capital | 3,548% |
| 271 | Fountainhead | 2,006% |
| 799 | Business Lending Blueprint | 793% |
| 835 | Clearco | 755% |
| 970 | Valiant Business Lending | 668% |
| 1,047 | Funding Forward | 618% |
| 1,240 | Lending Science DM | 524% |
| 1,587 | Lendio | 401% |
| 1,876 | Choice Merchant Solutions | 324% |
| 1,970 | Nav | 306% |
| 2,343 | Novae | 250% |
| 2,886 | Velocity Capital Group | 189% |
| 3,262 | Fundbox | 162% |
| 3,410 | SBG Funding | 154% |
| 4,284 | Flexibility Capital | 107% |
| 4,367 | Fund&Grow | 103% |
| 4,737 | ApplePie Capital | 89% |
| 4,959 | Fundomate | 82% |
The Inc 5000 list requires companies to apply and submit data. Companies that may have qualified to be ranked could have chosen not to apply.
NerdWallet Comments on Fundera’s Contribution to Its Business
August 30, 2022
When NerdWallet acquired Fundera two years ago, few people were shocked. That’s because the nation was months into the covid crisis and M&A was happening at a furious pace. The $29.2M paid at closing with a potential earn-out of up to $66M, however, suggested Fundera stood to play a significant role with the company, especially given that NerdWallet generated only $379.6M in revenue in 2021.
More recently in Q2 2022, the SMB side of NerdWallet’s business has been doing well. NerdWallet CEO Tim Chen said, “This past quarter, our SMB business continued its momentum with triple-digit year-over-year revenue growth.”
While Fundera’s SMB loan generating business contributed to that, Chen said that NerdWallet had been successful in “landing and expanding within new SMB areas such as payments, insurance and accounting services.”
“The progress we’ve made since the Fundera acquisition is not only great news for SMB, we also think it underscores opportunities enabled by vertical integration more broadly,” Chen said. “Given this success, we furthered our vertical integration efforts through our acquisition of On the Barrelhead, a loan matching platform that connects consumers and SMBs with products from its lending partners.”
“…We are increasingly encouraged by the success we’ve seen in SMB,” said NerdWallet CFO Lauren StClair Waugh, “and we have shown our ability to run our integration playbook and direct our strong organic traffic through Fundera’s efficient and reoccurring funnel.”
NerdWallet has been pleased with its acquisitions.
“We’re going to be very prudent about our M&A strategy, and price will remain an important consideration for us in evaluating all opportunities,” Chen stated. “At times, macroeconomic volatility will present opportunities to buy great businesses at reasonable prices. This was the case with both Fundera and On the Barrelhead. We will continue to take an opportunistic approach to M&A in the future to further accelerate and enhance our capabilities.”
NerdWallet generated $125.2M of revenue for the quarter and a net loss of $9.3M.
Funding Circle’s Partnership With Farm Bureau Bank
August 26, 2022
“I think the main thing is that Funding Circle for a long time’s been working with banks and the way we work with Farm Bureau Bank is no different, which is we’re out here to try and put money into the pockets of small businesses,” said Angus Sanders, Chief Revenue Officer & VP Product at Funding Circle, “and Farm Bureau Bank is going to help us to do that.”
According to Sanders, Funding Circle and Farm Bureau Bank have joined forces in delivering quality loans to small business owners. This partnership allows Farm Bureau Bank to purchase loans through Funding Circle in support of the small business community. They even extend a hand to small businesses in rural communities who may not be close to a bank to receive the services they need to grow their business.
“For those customers who are in rural areas, and perhaps can’t travel so easily to a branch, working with Funding Circle and Farm Bureau Bank, they’re able to get a loan much more easily and quickly, typical turnaround, 24 hours to offer and 48 hours to loan, which is very different to your typical small business loan. So, I say those are the primary areas where this helps small businesses,” said Sanders.
With the increase of banks wanting to do more small business lending, sometimes they struggle with finding businesses or being able to process the loans, Sanders explained. Working with organizations like Funding Circle, Farm Bureau can now provide capital faster and fund more small businesses.
During the pre and post-pandemic era, Sanders said he believes that fintech has evolved and will only continue to do so. And with fintech on the rise, Sanders said that other products like Lending as a Service, will continue to be a key growth area in the coming months.
“Farm Bureau Bank is starting with financing and we hope someday they’ll refer deals to us, […] but what this really shows is the deepening focus on partnerships between fintechs and banks, and particularly this emergent Lending as a Service product, which within Funding Circle sort of takes the lead on but lots of other fintechs go into and I think you’ll see, you’ll see more about that in the coming months,” said Sanders.
Upstart Has Quietly Entered the Small Business Lending Market
August 9, 2022
Upstart, once known as the AI-fintech lender for student loans, has gradually added products over time. Today, the company has entered the small business lending market, making good on the plans it announced last year.
Launched shortly before the close of the 2nd quarter, Upstart CEO Dave Girouard said during the earnings call that “We’ve already seen some more than 40 small business loans originated, totaling more than $1 million in principal in just a few weeks.” He further added that the company is “well ahead of schedule” in terms of rolling the program out.
“That team is quickly ironing out operational issues with an eye toward rapidly expanding this product in the coming months and years,” Girouard stated.
Previously, Girouard acknowledged that small business lending is becoming a crowded field.
“While there is no shortage of credit options to business owners, we aim to deliver the zero-latency affordable credit solution that modern businesses require,” he said last year.
There is a lot on the line for Upstart with this new product. Its core consumer lending business experienced a setback in the 2nd quarter when revenues declined on weaker demand for loans originated through its marketplace.
“In the last few months, lenders and institutional credit investors reacted more quickly and abruptly than we anticipated,” Girouard said. “Despite the fact that our bank partners have seen consistently strong credit performance, meaning portfolios performing at or above plan across quarterly cohorts, several of them have paused or reduced originations due to fear about the future of the economy.”
Square Loans Originated $1.01B in Q2
August 4, 2022
Square Loans originated $1.01B in the second quarter, up from $756M in Q1. During the earnings call, Block (formerly Square) CFO Amrita Ahuja said that the company is using the discipline it maintained on risk with Square Loans with other growing segments of its business. The fact that its business loans are short duration has been key to that success, the company said.
“The unique structure of our products is really designing our products to simplify access to capital for customers and to make it easy to pay them back,” Ahuja explained. “These products are generally short duration, and they have a simplified repayment process, including, for some products, being first in that payback priority. And these generally are short-duration. Square Loans is well less than a year in terms of duration.”
The company trumpeted a loss rate on Square Loans that has remained under 3%.
PayPal, King of The Small Business Lenders?
August 3, 2022
PayPal didn’t offer precise quarterly origination figures for its “Working Capital” loan product on Tuesday, but it did reveal total originations since 2013. The number? 1.3M loans for a total of $25.6B across the US, UK, Australia, and Germany. Though there is an international component, the totals are higher than rivals OnDeck and Square Capital over the same time period.
“PayPal Working Capital (PayPal Funding Pro) expanded to France and the Netherlands,” PayPal said in its Q2 announcement, “providing SMBs with simple and flexible funding in minutes.”
The company’s small business lending operations draw little attention given that its payment business, which includes Venmo, is so massive. The size of it first became known in 2019 when it offhandedly claimed $4 billion in annual business loan origination volume for the year. That number shrank to $2.6B in 2020 during the pandemic, which was still more than all of its competitors.
In the US, its loans are actually made possible through WebBank.
