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One little quirk exists though, what if the loan is for exactly $2,500,000.00? The law would seem to point to the fact that a transaction in the exact amount of $2.5MM is still governed by SB 5740, but not governed any longer under criminal usury since in New York criminal usury is capped at $2,499,999.00
The protocol and format of how lenders will issue, maintain and comply with the new law and the manner by which lenders will be monitored, will be prescribed by The New York Department of Financial Services (DFS). At the time of writing this article, the DFS has yet to issue guidance or provide instruction on Format and Compliance.
implementation, enforcement, and protocol for compliance. The intent of SB 898 as passed by the New York Legislature is to answer some of these questions and to provide SB 5740 with a far broader reach to include more loan transactions within its purview and includes Merchant Cash Advance transactions.
Many debtors do not know that the Bankruptcy Code allows them to keep several valuable assets while simultaneously eliminating all debt. In fact, it is Federal Law, which says that a qualified Pension Plan such as a 401K or IRA and a debtors Life Insurance Policy, are off limits from any creditor and the Bankruptcy Court and Trustee.
S.B. 5470 is a New York law requiring non-bank lenders to provide corporate borrowers specific disclosures in the loan paperwork and prior to formal consummation of the loan. The law was enacted in order to create more transparency for small business borrowers surrounding their application for credit from non-conventional banking institutes.
With an abundance of new regulation, credit underwriting standards inevitably increased to such an extent, that most small businesses were left out in the cold, unable to obtain working or start-up capital, thus leaving a massive void in the lending to small business space.
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