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Uncharted Waters: Getting Ready to Comply with the CA Commercial Financing Disclosure Law

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Are you ready? December 9 is the effective date for California’s first-of-its-kind Commercial Financing Disclosure Law and implementing regulations. The law applies broadly to several types of commercial financing and imposes significant compliance obligations on financers, providers, and brokers of commercial financing transactions involving California recipients.

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Are you ready? December 9 is the effective date for California’s first-of-its-kind Commercial Financing Disclosure Law and implementing regulations. The law applies broadly to several types of commercial financing and imposes significant compliance obligations on financers, providers, and brokers of commercial financing transactions involving California recipients.Join Morrison Foerster lawyers Nancy Thomas and Calvin Funk for a CLE presentation discussing the new disclosure law and what to expect ahead.Nancy and Calvin will discuss:<ul><li>The scope of the Law and regulations</li><li>The substantive disclosure requirements, including challenges created by the regulations</li><li>Key developments in other states and at the federal level</li></ul><hr>

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Calvin’s practice focuses on assisting Fintech companies, financial institutions, and other financial services providers on complex regulatory and transactional matters.Calvin provides practical advice to help clients bring innovative products and services to market, establish strategic partnerships, and build compliance programs. He works closely with clients that range from emerging startups to established multinational public companies and provides tailored solutions to achieve each client’s goals.Calvin regularly provides regulatory advice and transactional support in connection with credit, payment, and deposit products, including marketplace, credit card, and Banking-as-a-Service programs. He has particular experience with a broad range of federal and state regulatory issues related to lending, sales-based financing, loan brokering, credit services, debt collection, and money transmission. Calvin assists clients through all phases of the regulatory process, including obtaining necessary licenses, building compliant policies and procedures, and responding to regulatory inquiries and examinations.Calvin is co-editor of The Consumer Finance Law Review, surveying consumer finance regulations in jurisdictions around the world.Calvin graduated from the University of Virginia School of Law, where he was elected to the Order of the Coif. During law school, Calvin served as an editor of the Virginia Tax Review and as a Dillard Fellow of Legal Research and Writing. Calvin received his B.A. magna cum laude from Brigham Young University.<h4>Representative Experience</h4><ul><li>Advise banks and Fintechs in the Banking-as-a-Service and Lending-as-a-Service space, including negotiation of program agreements, negotiation of key service provider arrangements, and drafting of customer-facing agreements and disclosures.</li><li>Advise on state usury laws and state licensing requirements and exemptions applicable to consumer and commercial lenders, loan brokers, lead generators, and money transmitters.</li><li>Provide product development support, develop state licensing strategies, and advise on regulatory requirements related to consumer lending, commercial lending, retail installment sales, and alternative financing products.</li><li>Structure, draft, and negotiate agreements for various credit arrangements, including card issuing agreements, bank partner/platform models, and lead generation arrangements.</li><li>Represent merchants and sponsor banks in co-brand and private label credit card strategic partnerships.</li><li>Negotiate merchant processing and sponsorship agreements for merchant, payment facilitator, and marketplace clients.</li><li>Advise insured deposit sweep providers regarding brokered deposit regulations and related obligations.</li><li>Advise clients on compliance with federal and state money transmission and money services business laws, including licensing requirements and exemptions, bank partnerships, and alternative structures.</li></ul>

Calvin Funk

Of Counsel

Financial Services

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Uncharted Waters: Getting Ready to Comply with the CA Commercial Financing Disclosure Law

25 Oct 2022 1:00 PM - 2:00 PM EDT