An Intelligent, Assertive Lawyer In Brooklyn Serving Businesses Throughout The Nation

Funding for Small Business: MCA Guide – Costs, Risks & UCC Liens

On Behalf of | Nov 28, 2024 | Merchant Cash Advances, UCC Liens

Merchant Cash Advances (MCAs) and UCC liens are essential topics for small business owners seeking quick funding. MCAs offer fast cash but come with high costs and potential risks, including UCC liens on your business assets.

Understanding Merchant Cash Advances

A Merchant Cash Advance is a type of funding where a lender provides you with upfront cash in exchange for a portion of your future credit card sales. Unlike traditional loans, MCAs are based on your business’s daily credit card transactions. Lenders review your credit card receipts to determine how much they can offer and how quickly you can repay.

MCAs are popular because they are easier to obtain than bank loans, especially for businesses with less-than-perfect credit. However, they often come with high interest rates and daily repayment schedules, which can strain your cash flow.

What are UCC Liens?

UCC stands for Uniform Commercial Code. A UCC lien is a legal claim that lenders file to show their right to seize assets you have pledged as collateral for a loan or cash advance. These liens can be filed on specific items or as blanket liens covering all your business assets.

When you accept an MCA, the lender often files a UCC lien to protect their investment. This lien appears on your business credit report, alerting other potential lenders that your assets are already claimed as collateral.

Avoiding a UCC Lien

To avoid a UCC lien, reviewing the MCA contract and understanding the terms carefully is essential. Ensure you can afford the repayment terms and consider seeking legal advice if you need more clarification. Additionally, prioritize paying off the loan to remove the UCC lien from your business credit report.

Seeking legal help

Seeking legal advice when dealing with MCAs and UCC Liens can be greatly beneficial. An attorney can help you understand financial contracts’ complex terms and conditions, ensuring you do not agree to unfavorable terms. They can also assist in negotiations with lenders to secure better terms and help remove UCC Liens once a loan is paid off. Legal advice can protect your business from unforeseen legal and financial complications.

While an MCA can provide quick funding, it comes with responsibilities and potentially high interest rates. UCC Liens protect lenders but can complicate a business’s financial standing. To navigate these waters successfully, companies should carefully assess their financial needs, read contracts thoroughly, and seek legal advice when necessary. By doing so, they can make informed decisions that support their business growth and stability.