In New York City’s cutthroat MCA market, a shaky contract can sink a funder’s advance before it even starts paying off. Based at 225 Broadway in Manhattan, our merchant cash advance attorney helps MCA funding professionals craft agreements that don’t just promise repayment—they enforce it. At David I. Mizrahi Law P.C., we’ve seen too many funders lose out to vague terms or unenforceable clauses.
Here’s how we ensure your MCA contracts stand up in NYC—and protect your bottom line, drawing on legal insights to fortify your MCA funding strategy.
Merchant cash advances (MCAs) tie funding to future receivables, offering quick capital but risking defaults when agreements falter. A poorly structured MCA agreement can erode your capital, turning potential gains into financial setbacks. As your MCA lawyer, we battle to protect your funding, shielding you from merchants who exploit weak deals or fail to honor commitments, ensuring your MCA funding remains secure.
Confessions of judgment were once a popular tool in New York for MCA agreements, allowing funders to quickly obtain judgments against defaulting merchants. However, legal changes, particularly amendments to New York’s Civil Practice Law and Rules (CPLR) in 2019, have restricted their use, especially for non-residents, due to concerns about abuse and lack of due process. Today, they’re less effective, pushing funders to rely on other enforcement mechanisms.
Clarity is king. We spell out daily or weekly remittance rates, tied to specific revenue streams, so merchants can’t wiggle out. Ambiguity invites disputes; precision wins recoveries. This ensures your MCA agreement aligns with actual sales, reducing default risks and strengthening your position in New York’s volatile market.
A good MCA contract defines default—missed payments, diverted sales, or bankruptcy filings—and triggers your rights to act. In Manhattan’s high-risk funding scene, we make sure you’re covered when merchants falter, with clear clauses that outline consequences and enforcement options.
New York law lets you file UCC financing statements and lien acknowledgments to stake a claim on merchant assets. We handle these filings to lock in your priority over other creditors—critical when defaults hit, ensuring your MCA funding is protected against asset disputes.
When drafting your MCA agreement, anticipate defenses like usury, lack of capacity, or fraud. Include clear disclaimers stating it’s a purchase of future receivables, not a loan, with no fixed interest rate or repayment schedule. Add statements where merchants acknowledge their capacity and understanding, and maintain documentation to disprove fraud claims, reducing legal battles and enhancing enforceability.
Usury caps and disclosure rules can trip up MCA deals in New York. We keep your contracts legal, dodging challenges that could unravel your advance, ensuring compliance with state laws to protect your MCA funding from legal challenges.
Include a mandatory reconciliation provision allowing merchants to request adjustments based on actual receipts, a key factor in proving your MCA isn’t a loan, as upheld in Principis Capital, LLC v. I Do, Inc. (2022). This clause, requiring completion within five business days with documentation, protects both parties and reduces default risks, a practice we recommend for MCA funding professionals.
Ensure your MCA agreement has no fixed term, with payments contingent on sales, and explicitly states bankruptcy isn’t an event of default. This limits your recourse but strengthens the agreement’s validity as a purchase, not a loan, as seen in legal precedents like Samson MCA LLC v. Joseph A. Russo M.D. P.C. (2023), enhancing your position in New York courts.
Add personal or corporate guarantees to ensure performance, and specify default events like interference with collections. Include remedies like fees and interest to incentivize compliance, making your MCA agreement robust against merchant resistance, a strategy we’ve seen succeed in enforcement actions.
Maintain thorough documentation—signed agreements, payment records, and communications—to support enforcement. Courts, as in Power Up Lending Grp., Ltd. v. Cardinal Energy Grp., Inc. (2019), rely on this evidence for summary judgment, ensuring your MCA funding is defensible in disputes.
Located in the heart of Manhattan’s Financial District, we’re steeped in New York’s MCA scene, crafting contracts that fund with confidence and recover with force. Don’t risk your advance on a flaky deal.
Contact us for a free consultation, and let’s build MCA agreements that stand up, protecting your MCA funding in NYC’s toughest market.
A reconciliation clause allows adjustments to payment amounts based on the merchant's actual sales, demonstrating that repayments are contingent on revenue. This helps classify the MCA as a purchase of receivables rather than a loan, reducing exposure to usury claims.
Confessions of Judgment (COJs) are largely prohibited in New York for in-state merchants and can render contracts unenforceable. Including a COJ may expose funders to legal challenges and regulatory scrutiny.
Funders should structure agreements with indefinite terms, conditional repayment based on sales, and limited recourse in events like bankruptcy. These elements support the classification of the transaction as a sale of receivables, not a loan.
Fixed repayment terms can suggest a loan structure, potentially subjecting the agreement to usury laws. Flexible terms tied to sales performance help maintain the MCA's status as a receivables purchase.
New York law mandates that MCA funders provide specific disclosures, including the Annual Percentage Rate (APR), to ensure transparency. Non-compliance with these requirements can lead to legal penalties and contract enforceability issues.
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