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Types of debt

Decode an MCA or revenue-based funding offer

Translate the funding offer into cash received, cash remitted, reconciliation rights, and personal exposure.

Find a section in this guide

A merchant cash advance (MCA) or arrangement involving receivables—money customers owe the business—can look simple because it quotes a single factor or daily remittance (payment or deduction to the funder). Read the full cash flow and what happens when sales fall.

Convert the headline into dollars and dates

Hypothetical offer: stated funding $20,000; $1,000 withheld at disbursement; purchased or repayable amount $28,000; $200 remitted on each scheduled collection day.

Cash received: $19,000. Difference between remittances and cash received: $9,000. Number of $200 remittances to reach $28,000: 140.

This arithmetic does not establish an APR, actual duration, or legal finance charge. Calendar duration depends on payment days, changing remittances, interruptions, and other terms. A “1.4 factor” is not a 40% annual rate.

Ask for the broker's compensation and every fee, whether withheld, separately charged, or embedded. Compare offers using net proceeds, projected total remittances, dates, prepayment treatment, collateral, and guarantees.

Read what reconciliation actually allows

Reconciliation or a true-up is a process intended to adjust collections to the contract's sales or receipts measure. Its practical value depends on the exact language and operation.

  1. Identify the receipts covered: all revenue, a processor stream, or specified receivables.
  2. Find the remittance percentage and how an estimated fixed amount was set.
  3. Locate who must request an adjustment, the documents required, timing, and any limits.
  4. Determine whether the adjustment changes future debits, refunds excess collections, or both.
  5. Keep the request, sales evidence, response, and actual revised withdrawals together.

A clause titled “reconciliation” does not prove the transaction is a genuine receivables sale, and a fixed debit alone does not settle the legal classification. Obtain transaction-specific advice where enforceability or default turns on that issue.

Use required disclosures where the transaction is covered

As one state example, New York Financial Services Law section 803 requires specified sales-based financing disclosures, including disbursement, finance charge, estimated APR, and projection-based information for covered offers.

Estimated payment and duration information should be read with the projection method and assumptions. It does not guarantee actual sales or repayment speed. Disclosure coverage does not establish that charges are lawful, the provider is licensed, or the arrangement is legally a loan rather than a sale. Other jurisdictions have different requirements.

Map all remittances before accepting another advance

Put every lender, funder, processor deduction, and bank debit on the same daily or weekly forecast. “Stacking” means overlapping funding arrangements; it can also raise contract-default and priority issues. New proceeds that immediately retire earlier funding may leave much less operating cash than the headline suggests.

Review guarantees, security, bank-access provisions, default triggers, forum, and any claimed enforcement shortcut. If cash is short, make any adjustment or workout request using the contract and actual sales records. Obtain written terms for a changed debit or settlement and confirm the treatment of the remaining purchased amount, liens, and guarantors.

Do not rely on a broker's general promise that payments always fall with sales. The agreement, available process, and actual handling must support that expectation.

Sources and further reading

General educational information. The original evidence, dates and recorded qualifications are available in the optional archive below.

Check the source material behind this guideOriginal working documents, complete tables and revision history
About this archive

The explanation above is written for readers. These original working documents preserve the evidence trail, including technical language, dated passages and known corrections. They have not all received independent professional review. Use the marked limits before relying on a particular rule or figure.

TOPIC DOSSIER · A028

Merchant cash advances and alternative funding

Receivables purchases, remittances, reconciliation, factoring, revenue financing, stacking, brokers, guarantees, legal characterization.

Read the evidence with its boundaries. These are saved research components, including revisions. A scoped coordinator review checks selected evidence; it does not certify every claim, a complete jurisdiction, current law or individual applicability. Dates and access limits remain attached to the records.

How to read the research →

1 saved components19 captured tables107 claim records

Explore the actual components below. The topic heading describes the subject; each paper states what it examined and what remains unresolved.

IN THE EVIDENCE

Selected recorded findings

These narrow findings retain the saved source and check status. Conditions and capture dates matter; this is not a whole-subject or jurisdiction acceptance.

R028-P1-C001 · captured 2026-10-28

The statutory framework is Financial Services Law Article 8; Part 600 implements its commercial-financing disclosure provisions.

Conditions and limits: This component reads §§801–803 and 807–811, not the entire law of commercial finance. Article 8’s other-product and enforcement components remain held.

Recorded check: fresh selected definitions and adopted scope checked other statutes history held

S001–S008; S009 §600.0.

Source links: www.nysenate.gov · www.nysenate.gov · www.nysenate.gov

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R028-P1-C005 · captured 2026-10-28

Part 600 was filed January 12, 2023 and became effective February 1, 2023; its six-month compliance interval yields August 1, 2023.

Conditions and limits: August 1 is the calendar result of §600.25(b) applied to the verified February 1 publication date. Effectiveness and compliance are different events. No actual transaction deadline is inferred.

Recorded check: fresh adoption and six calendar month interval checked

S010 notice; S009 §600.25(a)–(b).

Source links: www.dfs.ny.gov · www.dfs.ny.gov · www.dfs.ny.gov

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R028-P1-C009 · captured 2026-10-28

The agency’s comment assessment can explain drafting choices but does not replace statutory or regulatory language.

Conditions and limits: Its response concerning retention uses narrower terminology than §600.21(d); that difference is preserved below. No staff statement is treated as legislation.

Recorded check: fresh operative and APC wording distinguished

S012 responses 1–9; S009 §600.21(d).

Source links: www.dfs.ny.gov · www.dfs.ny.gov · www.dfs.ny.gov

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R028-P1-C010 · captured 2026-10-28

Commercial financing is financing whose proceeds the recipient does not intend to use primarily for personal, family, or household purposes.

Conditions and limits: The provider may rely on a separate signed statement, a signed/consented application or other document, or an oral statement documented in the application file. Electronic consent is permitted. The statute does not require checking later actual use against that statement.

Recorded check: fresh selected adopted scope definitions checked statutory exemption and nested crossrefs held

S001 §801(b).

Source links: www.nysenate.gov · www.nysenate.gov

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