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

Connecticut requires providers of sales-based financing, including merchant cash advances, to give a disclosure on a form set by the Banking Commissioner, and both providers and brokers register with the Department of Banking. A specific offer can't be withdrawn or changed before midnight of the third day, except for underwriting, and contracts can't waive your right to notice before a prejudgment remedy.

Which offers the Connecticut law covers

The law, Conn. Gen. Stat. §§ 36a-861 to 36a-872, covers commercial financing to Connecticut recipients, with exemptions for banks and some others. The Department of Banking's guidance includes the exact disclosure form.

The disclosure, line by line

The Connecticut form, in the Department's layout:

Line on the formWhat it tells youCheck it against
Total amount of the commercial financingThe headline advanceThe purchase price
Finance charges deducted at disbursementFees taken out up frontThe offer's fee lines
Disbursement amountWhat reaches youYour funding-day deposit
Finance charge and total repayment amountTotal cost, and disbursement plus costThe purchased amount
Estimated time and payment scheduleFixed amount and frequency, or the method for variable paymentsThe ACH authorization
Other fees, collateralDraw, late and returned-payment fees, and security interestsThe fee schedule and UCC section
Broker compensationWhether and how much the provider pays a broker from the financed amountAsk the broker
Prepayment or refinance chargesIncluding any unpaid finance charge still owedThe renewal math, if any

Do brokers have to register?

Yes. Commercial financing brokers and providers register with the Connecticut Department of Banking through NMLS.

Confession of judgment

The Connecticut law bars any contract term that waives your right to notice, a judicial hearing or a prior court order before a provider gets a prejudgment remedy. That covers the pre-suit shortcuts a confession of judgment is used for. Ask a lawyer how it applies to your contract.

Where to raise a problem

Complaints go to the Connecticut Department of Banking.

The three-day rule

Use the time. An offer that can't change for three days is an offer you can compare. Put it next to others in the offer comparison tool.

Sources

  1. Connecticut Department of Banking guidance and disclosure form, Conn. Gen. Stat. §§ 36a-861 to 36a-872

This is general information, not legal advice. For your contract and your state, talk to a business lawyer. This page gets a legal review before it's indexed.

Funding a Connecticut 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.