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California merchant cash advance law: what your offer has to show

California requires a standard cost disclosure on most commercial financing offers of $500,000 or less, including merchant cash advances. The form has to show an estimated APR, the finance charge, the total you'll pay and how payments work. California courts also won't enter a confession of judgment. The rules come from the Financial Code and the DFPI's regulations.

Which offers the California law covers

The disclosure applies when a provider extends a specific commercial financing offer of $500,000 or less to a business in California. Sales-based financing, which includes most merchant cash advances, is covered. Banks and some other providers are exempt. The DFPI regulations set the exact format and how the estimated APR is worked out, using either the provider's historical method or its internal opt-in method.

The disclosure, line by line

Expect these lines, in this order, on a California sales-based financing disclosure:

Line on the formWhat it tells youCheck it against
Funding providedThe cash that reaches you after anything taken outYour bank deposit on funding day
Estimated annual percentage rateThe yearly cost based on the provider's estimated termThe APR calculator with your own numbers
Finance chargeEverything you pay beyond the funding providedTotal payment minus funding provided
Estimated total payment amountWhat you're expected to pay back in allThe purchased amount in the contract
Estimated paymentThe daily, weekly or monthly amountThe ACH authorization
Estimated termHow long the provider expects repayment to takePayback divided by payment
PrepaymentWhether any unpaid charges are still owed if you pay earlyThe contract's prepayment section

Do brokers have to register?

California doesn't have a separate registration for merchant cash advance brokers under this law. A broker arranging commercial loans can need a California Financing Law license, and whether that reaches a sales-based deal depends on the facts. Ask any broker what license it holds, and check it on the DFPI's license search.

Confession of judgment

A judgment by confession can't be entered in any California court under Code of Civil Procedure § 1132. A contract can still name another state's law, so read the governing-law clause.

Where to raise a problem

File complaints about a provider or broker with the California DFPI.

Use the form to compare

Put the funding provided and estimated total payment from each offer side by side. The offer comparison tool takes those numbers directly.

Funding a California business?

We check which funders fit and what the offer has to show before anything goes out. Call 877-FUND-654 with any question. We call you back, usually the same business day, and we always talk with you before we shop your file.