Hudson Cook, LLP advises investors and participants in non-bank (alternative) non-consumer lending and other forms of business finance, including merchant cash advance (MCA), factoring and leasing.

Business Lending

We advise lenders, loan brokers, and lead generators on regulatory compliance issues and related matters. Our work with clients covers state law licensing and usury limits, development of lending forms and advice on secured transactions.

We also assist parties seeking to develop business lending platforms though bank partnerships and provide advice on navigating an evolving regulatory landscape.

Alternative Business Funding

We guide MCA and factoring companies through regulatory compliance and operational risks involved in funding their clients. Our work for MCA and factoring companies includes:

  • Advice on emerging issues and regulatory outlook
  • Development of contracts with merchants
  • Broker/ISO relationships
  • Review of marketing materials

Investors

We advise venture capital firms, hedge funds, and institutional investors seeking to evaluate potential transactions with participants in the alternative business funding marketplace and assist in performing due diligence designed to evaluate exposure to regulatory compliance and other legal risks.

Other Practice Areas
Attorneys Practicing in this Area
INSIGHTS

Compliance Policy Templates

We develop templates for use by business lenders and MCA funders designed to guide compliance with state and federal law, including:

  • AML OFAC Patriot Act
  • CAN-SPAM
  • ECOA
  • EFT
  • ESIGN
  • FCRA
  • SCRA
  • TCPA
  • UDAP

Compliance Policy Templates

We develop templates for use by business lenders and MCA funders designed to guide compliance with state and federal law, including:

  • AML OFAC Patriot Act
  • CAN-SPAM
  • ECOA
  • EFT
  • ESIGN
  • FCRA
  • SCRA
  • TCPA
  • UDAP

Attorneys Practicing in this Area

March 01, 2015

Don’t Fence Me In

Thomas B. Hudson

Partner Emeritus

December 01, 2015

Congressional Staff Report Reveals Sad Inner Workings of CFPB Fair Lending Attack on Dealer Compensation

L. Jean Noonan

Partner

April 01, 2015

Spacemen Abduct Regulators!

Thomas B. Hudson

Partner Emeritus

December 15, 2015

Can California Lenders Pay Referral Fees to Unlicensed Brokers?

Robert A. Cook

Partner Emeritus

May 01, 2015

Seismic Shift

Nicole F. Munro

Partner

January 01, 2016

Looking Ahead

Eric L. Johnson

Partner

September 01, 2015

Lots of Pages, But a Single Document

January 28, 2016

Asset Purchase or Consumer Loan: One State High Court Weighs In

Catherine M. "Cathy" Brennan

Partner

December 01, 2015

Here Come the “Readability” Police

Nicole F. Munro

Partner

February 17, 2016

The Commonwealth Decision

Catherine M. "Cathy" Brennan

Partner