Merchant Cash Advances "MCA" have become a popular financing option for many businesses, offering quick access to capital by purchasing future receivables. However, these agreements come with specific legal obligations and potential risks for merchants, especially in scenarios of default. Understanding these contracts and the enforcement mechanisms MCA companies may employ is crucial for any merchant considering this financing option.

Understanding Future Receivable Purchase Contracts

In an MCA agreement, a business sells a portion of its future receivables to an MCA provider in exchange for an upfront sum of money. This is not a loan, but a purchase of future sales, which is a key distinction that affects the legal standing and collection methods used in case of default.

Legal Implications for Merchants

1. Personal Guarantee: Many MCA agreements include a personal guarantee clause, making the business owner personally liable if the business defaults.

‍

2. UCC-1 Filing: MCA providers often file a UCC-1 statement, which is a public declaration of their right to claim certain business assets if the business defaults.

‍

3. Confession of Judgment: Some contracts include a confession of judgment clause where the merchant waives their legal defenses and allows the MCA provider to obtain a judgment without a trial.

Default and Enforcement Mechanisms

In cases where a merchant defaults on an MCA agreement, the provider has several avenues for asset pursuit:

‍

1. Bank Account Levies: MCA companies can levy business bank accounts to recover owed funds, a process often expedited by a confession of judgment.

‍

2. Asset Seizure: Based on the UCC-1 filing, providers can seize business assets listed in the agreement.

‍

3. Legal Action: Providers may initiate legal proceedings to enforce the agreement and recover the funds.

‍

4. Personal Asset Pursuit: With a personal guarantee, the provider can target the personal assets of the business owner.

The Process Used by MCA Companies

1. Notification of Default: The first step is typically a formal notification of default to the merchant.

‍

2. Review of Contractual Rights: The MCA provider reviews the contractual rights and remedies available based on the agreement.

‍

3. Initiation of Collection Efforts: This may involve bank account levies or asset seizures, depending on the agreement and the situation.

‍

4. Legal Proceedings: If necessary, MCA companies may initiate legal proceedings to enforce the agreement.

Key Considerations for Merchants

Understanding Terms: Merchants must fully understand the terms and implications of the MCA agreement, especially clauses related to default and recovery.

‍

Legal Advice: Seeking legal counsel before entering into an MCA agreement can help clarify the risks and obligations.

‍

Financial Planning: Merchants should have a solid plan for managing cash flow to meet MCA repayment obligations.

‍

Future receivable purchase contracts with MCA companies offer quick financing solutions but come with significant legal and financial implications, particularly in default scenarios. Merchants must carefully consider the terms of these contracts and the potential enforcement actions MCA companies can take. Understanding these aspects and seeking professional advice can help merchants make informed decisions and mitigate risks associated with these financial arrangements.

‍

Seeking working capital, short-term funding, or equipment financing? Apply now with Got Biz Loans and access the funds your business needs. Grab this opportunity to propel your business towards success—take action now!