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Ready Capital Grows as Leading Non-Bank Small Business Lender
November 10, 2024
“Ready Capital has become a leading national non-bank lender to small businesses providing a full suite of loan options from $10,000 unsecured working capital loans to $25 million plus real estate-backed USDA loans,” said Ready Capital CEO Thomas Capasse during the company’s Q3 earnings call.
Ready, in some ways, has flown under the radar in recognition. On the one hand the company is the top non-bank SBA lender in the country and fourth overall SBA lender in the country. On the other hand, the company has previously acquired Knight Capital, iBusiness Funding, Madison One Capital, select non-SBA assets of Fountainhead, and Funding Circle USA. The result is that the overall organization is a powerhouse with a current public market cap of $1.25B.
iBusiness Funding, once the technology arm of Knight Capital, has played an integral role for the company. For example, when Ready acquired Funding Circle USA, it did it through the iBusiness Funding brand.
“[In 2019, iBusiness Funding was] a leader in unsecured small business lending,” Capasse said on the call. “And then they adopted their tech to the PPP which was very accretive. And since then there’s been the initiative within the SBA to emphasize small loans below $350,000, which many times are minority women-owned businesses, and so that’s been a significant initiative by the SBA& and so what we’ve done is iBusiness has developed a tech stack, which is now being marketed as a third-party underwriting model for banks. Banks just do not focus on that at all. Even if they do SBA loans, it’s mostly for larger loans again above the $350,000 to the $5 million. So the idea with iBusiness is to grow the revenue stream from this software-based business.”
On Funding Circle, Capasse said that the newly acquired subsidiary would be “accretive to earnings once fully ramped.” The numbers offered so far was that $6.6 million growth in Q3 origination income came from small business working capital loans through the Funding Circle platform.
Trade Group Sues CFPB Over Small Business Loan Data Collection Rules
January 4, 2024
The RBFC has filed a lawsuit against the CFPB over its data collection rules that are scheduled to go into effect this year.
As readers may recall, the federal regulator created 888 pages of rules governing how small business lenders (including MCA companies) will be required to collect and submit data for federal analysis.
At first, it appeared that the CFPB had way overstepped its bounds when Congress, on a bi-partisan basis, passed a resolution to scrap the rules. President Biden, however, then took the unprecedented step of vetoing their resolution on his belief that the rules were necessary to “conduct oversight of abusive and predatory lenders.”
One week after the veto the RBFC filed its lawsuit.
Although the CFPB is required by law to collect small business loan data pursuant to Section 1071 of the Wall Street Reform and Consumer Protection Act, the plaintiff took umbrage with the CFPB’s allegedly deliberate misinterpretation of the words “credit” and “loan” as they’re written in that statute. That’s because the CFPB unilaterally decided those terms also apply to MCAs/Sales-Based-Financing agreements. The RBFC contests that the CFPB has the legal authority to include products outside the scope of the federal statute and asks the Court to declare the rules invalid as they apply to sales-based financing.
Biden Vetoes Congressional Resolution to Scrap CFPB’s Small Business Lending Rules
December 19, 2023
Bipartisan or not, President Biden formally vetoed S.J.Res. 32 which would have scrapped the CFPB’s 888 pages of soon-to-be implemented small business lending rules and forced the agency to create new ones.
The CFPB is obligated by the Wall Street Reform and Consumer Protection Act to collect data from small business finance companies (MCA included) so that it will be able to assess the market and measure potential disparities. It is a limited scope law that nevertheless resulted in 888 pages of rules explaining how to collect that data and send it to the federal government. They are slated to go into effect very soon.
Despite data collection being the intended purpose, Biden suggested in his official veto statement that the rules are actually intended to “conduct oversight of abusive and predatory lenders.”
“If enacted, this resolution would harm all those that stand to benefit from expanded transparency and accountability,” Biden said. “By hampering efforts to promote transparency and accountability in small business lending, Republicans are siding with big banks and corporations over the needs of small business owners.”
Unless litigation changes the timelines, many funders and lenders must start complying by October 1, 2024. This is a federal law, not a state requirement.
Congressional Resolution Aims to Undo CFPB’s Small Business Lending Rules
June 12, 2023
After 13 years of regulatory debate and 888-pages of official rules finally ready to go into effect, some members of Congress have decided that the whole thing is all wrong. At issue is a section of a 2010 federal law that requires the CFPB to collect data from companies engaged in small business financing. However, for more than a decade the statute became a political football, creating delays and sowing confusion over who it is that is supposed to be covered. Lawsuits filed against the CFPB finally prompted it to move forward with its mandate which culminated in an 888-page rulebook that was published in March.
On May 31, however, members of the House and Senate introduced a Joint Resolution to invalidate the rules.
“Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Consumer Financial Protection Bureau relating to “Small Business Lending Under the Equal Credit Opportunity Act (Regulation B)” (88 Fed. Reg. 35150), and such rule shall have no force or effect.”
A hearing on the matter is scheduled to be heard on June 14 at 10am. As part of it, CFPB Director Rohit Chopra is expected to testify.
Update: Hearing is here:
It remains to be seen whether the Resolution will carry weight. There are 23 Republican co-sponsors of the bill and 0 Democrats.
New York Commercial Disclosure Regulations Approved
February 7, 2023With permission to be republished from Leasing News
Ken Greene is an attorney and Editor of Leasing News. To contact Ken, email: ken@kengreenelaw.com.
On February 1, 2023, the New York State Department of Financial Services (“DFS”) adopted final regulations related to its new Commercial Finance Disclosure Law (“CFDL”) found in Article 8, Sections 801-811 of the New York Financial Services Law.
As a reminder, here are the major provisions of the CFDL:
- The law only applies to transactions which are less than $2.5 million;
- Banks and similar financial institutions are exempt;
- True (operating) leases are exempt;
- Commercial transactions secured by real property are exempt;
- Anyone who makes no more than 5 transactions in New York in a 12 month period is exempt;
- Certain vehicle dealers (for transactions which exceed $50k) are exempt;
- Disclosures must be made at the time of extending a specific offer; and
- Generally, the disclosures must include the amount of financing, APR, repayment amounts, term, finance charge, and description of collateral, if any.
Pursuant to the 53 pages of regulation, the CFDL:
- Applies only to transactions where the recipient is in New York;
- Exemptions extend to all majority owned subsidiaries of banks (because they are subject to consolidated oversight);
- Does not require disclosure of broker compensation in the disclosure forms, but still requires disclosure of broker fees in writing;
- Requires that APR be calculated in accordance with either the United States Rule or Appendix J of Reg Z;
- Allows for a digital signature by the recipient on the disclosure forms;
- Has font, rows and column requirements virtually identical to California law;
- Limits the duties of brokers to transmittal of disclosures and providing financer with evidence of transmission. There does not appear to be a document retention requirement like the one in California.
The New York regulations are quite similar to the California rules.
One important difference between the two is the $2.5 million threshold for New York versus the $500k threshold in California. Another major distinction between the two is the express inclusion of bank subsidiaries in the New York law, whereas the California regulations are unclear on this issue.
The compliance date for these regulations is six months after publication of the Notice of Adoption in the State Register. That appears to have happened already, so prepare for compliance on or before August 1, 2023.
This article is presented by the Law Office of Kenneth Charles Greene. All copyrightable text, the selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of this presentation are the property of the Law Office of Kenneth Charles Greene. All rights reserved. Permission is granted to download and reprint materials from this article for the purpose of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission, or modification of information or materials from this article, whether in electronic or hard copy form, without the express prior written permission of Kenneth C. Greene, is strictly prohibited. The materials available from this article are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to these materials does not create an attorney-client relationship between the Law Office of Kenneth Charles Greene and the user or viewer. The opinions expressed herein are the opinions of the individual author.
The FTC Proposes to Ban Employment Non-Compete Clauses
February 6, 2023As also published in Leasing News
To welcome in the new year in its inimitable way, the Federal Trade Commission (“FTC”) proposed new rules that would ban employers from imposing non-compete on their employees. If passed, the new rule would provide that it is an “unfair method of competition for an employer to enter into or attempt to enter into a non-compete clause with an employee, to maintain a worker with a non-compete clause, or, under certain circumstances, to represent to a worker that the worker is subject to a non-compete clause.”
Per the FTC, a non-compete clause is a “contractual term between an employer and a worker that typically blocks the worker from working for a competing employer, or starting a competing business, within a certain geographic area and period of time after the worker’s employment ends.” As such, these clauses have historically been considered appropriate subjects for scrutiny under the nation’s antitrust laws such as the Sherman Act.
The prospective change in federal law was prompted by what the FTC calls “natural experiments” by virtue of new legislation in several states that limit or ban non-competes. Non-competes are either entirely or largely unenforceable as against public policy in California, North Dakota, the District of Columbia, and Oklahoma. Maine, Maryland, New Hampshire, Rhode Island, Washington and most recently, Colorado, have severe limitations on non-competes. The “experiments” in these states apparently prompted President Biden, in July of 2021, to issue his “Promoting Competition in the American Economy Order”, a broad Executive Order that purports to encourage innovation and competition in the American workplace. The Order asks the FTC to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.” Here is what the Executive Order looks like:
https://www.whitehouse.gov/briefing-room/presidential-actions/2021/07/09/executive-order-on-promoting-competition-in-the-american-economy/
The FTC has sought public comments to the proposed rule. The comment period ends on March 6, 2023. Thereafter, the new law may take effect as soon as 180 days following the comment period. Instructions for sending comments are found in the Notice of Proposed Rulemaking.
https://www.ftc.gov/system/files/ftc_gov/pdf/p201000noncompetenprm.pdf
One of the upsides of a non-compete is that it helps protect trade secrets and IP, but this can be achieved through a confidentiality or non-disclosure provision. It also keeps former employees from taking your business model and creating a competitive business, which may be difficult to achieve otherwise. However, do you really want to retain an employee who wants to leave simply because he signed an agreement that says he or she cannot compete with you?
The downside of non-competes is that, to some, they violate public policy by restricting the mobility of workers. They are also limited in scope, and expensive to enforce.
What does it mean to you? The general consensus is that the new law will be challenged in court. If it is not, and it becomes law, not only will you no longer be able to legally use non-competes with your employees, but you will have to rescind existing non-competes and inform your employees that the clauses are no longer in effect.
Stay tuned for updates.
This article is presented by the Law Office of Kenneth Charles Greene. All copyrightable text, the selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of this presentation are the property of the Law Office of Kenneth Charles Greene. All rights reserved. Permission is granted to download and reprint materials from this article for the purpose of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission, or modification of information or materials from this article, whether in electronic or hard copy form, without the express prior written permission of Kenneth C. Greene, is strictly prohibited. The materials available from this article are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to these materials does not create an attorney-client relationship between the Law Office of Kenneth Charles Greene and the user or viewer. The opinions expressed herein are the opinions of the individual author.
Canadian Lending Looks Strong Post-Pandemic
January 11, 2022
After having their entire industry threatened by pandemic-induced restrictions, the Canadian alternative finance space has started 2022 off with a bang. Canadian lending saw billions in growth, as the industry hopes to utilize fintech’s technology and the government’s new take on open banking to bring their industry back to full swing.
“Main Street small business recovery is looking very strong for 2022 as restrictions ease moving into the warmer weather,” said Tal Schwartz, Senior Advisor for the Canadian Lenders Association. “However, in the short term, lenders are paying close attention to the Omicron variant, and particularly how aggressive the federal government is prepared to be in terms of sustained subsidies.”
Despite the uncertainty of the next several months, Canadian finance seems to have a healthy balance of offering modern financial products alongside an effort a return to normalcy. The crypto-lender Ledn raised $70M USD for the world’s first crypto-secured mortgage product, while the BNPL company Flexiti received a $527M facility from the National Bank of Canada. Merchant Growth, a small business lender, also raised $4m in equity financing.
According to Schwartz, most lenders who stayed in business used the last year to deeply invest in their technology across the board.
“[Lenders] have equally repositioned themselves in ways that better service a post-pandemic SMB clientele,” he said. “There is significant effort among lenders to evolve into financial health dashboards of a business, rather than being viewed exclusively as a financing source.”
According to the numbers, there has been significant growth by two notable Canadian lenders that are acting both as a financial management tool and a lending source. Canada’s largest subprime lender goeast Ltd, and Borrowell, a mobile loan marketplace, achieved $2B in portfolios and 2M users respectively to end the year.
“Fintech platforms become more sticky and can capture more client data if they become a hub for business management, with financing simply being a component of their platform,” said Schwartz. “Fintech lenders are coming out of the pandemic much stronger and with a sharper mandate than before.”
The Industry is Back; Broker Fair Takes NYC
December 7, 2021
Broker Fair 2021’s showcasing in lower Manhattan on Monday brought together an unprecedented amount of attendees, that not too long ago saw their entire livelihoods and industry threatened by a pandemic-hampered economy.
“We are so happy to be here,” said Sonia Alvelo, CEO of Latin Financial and speaker on the ‘Great Debate’ panel. “With everything that has happened in the past two years, we are just super excited to be a part of this.”
Speakers at the event included keynote Slava Rubin, founder of Indiegogo, Oz Konar of Business Lending Blueprint, and Leo Kanell of 7 Figures Funding.
“We’re here to rekindle,” said Adam Abraham, Partner at Blueline Capital Group. “It’s always good to meet face to face. We’ve all been speaking on the phone for years at this point, so if you put a face to the name, it changes everything.”
That alone, is the best part about this event,” said Abraham. “Here, it’s about who you’re networking with.”
Other attendees felt that alongside the networking opportunities, events like Broker Fair allow the industry to truly leverage its core strength — its relatively small size compared to other areas of the financial world.
“Despite what many people think, this industry isn’t really as big as other finance industries,” said Josh Feinberg, CEO of Everlasting Capital. “When we come together like this, it really drives inspiration, thoughts, and dreams to be able to make this industry what it is today. I think these events really bring everyone together to drive the industry to the next level.”
A total of five panels took the stage throughout the day, and included individuals from across the business financing landscape. Other highlights of the event included a Small Business Finance Professional certification course, an expo room with over fifty companies and tables, and a hip-hop performance with viral artist Kosha Dillz.
At the event, deBanked Connect Miami was announced, which will take place on March 24. For the first time, deBanked will shift away from Miami Beach and into Downtown Miami, an area in which many members of the finance, crypto, lending, and banking industries have resettled and developed new flagship offices.
“I’m super pumped about the announcement of the show,” said Feinberg. “We’ll see everyone in Miami.”
