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

Texas regulates commercial sales-based financing, the category most merchant cash advances fall into, under Finance Code chapter 398. Providers and brokers have to register with the Office of Consumer Credit Commissioner, deals under $1 million need a cost disclosure, a confession of judgment is void, and automatic debits are limited.

Which offers the Texas law covers

Chapter 398 covers commercial sales-based financing to Texas recipients. The disclosure applies to transactions under $1 million. Banks, credit unions and some other providers are exempt. The OCCC's rules add detail on registration and on what counts as an automatic debit.

The disclosure, line by line

A Texas disclosure has to show:

Line on the formWhat it tells youCheck it against
Total amount of the financingThe headline advanceThe purchase price in the contract
Disbursement amountWhat reaches you after fees and payoffsYour funding-day deposit
Finance chargeThe total costPayback minus disbursement
Total repayment amountEverything you'll deliverThe purchased amount
Estimated payment period and scheduleHow long, how often, how muchThe ACH authorization
Other fees, prepayment charges, collateralCosts outside the finance charge and what secures the dealThe fee schedule and UCC section
Broker compensationWhat the provider pays a brokerAsk the broker to confirm it

Do brokers have to register?

Yes. Providers and brokers of commercial sales-based financing register with the OCCC through NMLS and renew each year. Ask a broker for its Texas registration before you send a file.

Confession of judgment

A confession of judgment clause in a commercial sales-based financing contract is void under § 398.055. Section 398.056 also bars an automatic debit unless the provider holds a perfected first-priority security interest in the account, and the OCCC's rules treat more than one prewritten check as an automatic-debit mechanism.

Where to raise a problem

Complaints go to the Texas OCCC.

What the debit rule means for you

If a Texas deal uses a daily ACH debit, ask the provider how it meets § 398.056. A second-position funder usually can't hold a first-priority interest in the same account, which changes how a second position gets structured.

Sources

  1. Texas Finance Code, chapter 398 (commercial sales-based financing)
  2. Texas OCCC: commercial sales-based financing registration

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 Texas 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.