eCapital names Todd Zarin as Chief Legal Officer
January 17, 2023MIAMI – January 17, 2023 – eCapital Corp. (“eCapital” or “the company”), a leading finance provider for businesses across North America and the U.K., today announced the appointment of Todd Zarin as chief legal officer. As part of the executive leadership team, Zarin will oversee eCapital’s in-house legal team and be responsible for all legal operations for the company.
“Todd’s proven aptitude and demonstrated ability to skillfully navigate complex legal scenarios make him a valuable addition to our executive leadership team,” said Marius Silvasan, chief executive officer of eCapital. “I am confident his expertise will prove instrumental as we continue to enhance our service offerings and expand into new markets to meet the financial needs of even more organizations.”
Zarin’s legal and corporate career spans more than 20 years, with strategic roles helping public and privately held clients in financial services and other industries succeed while navigating critical moments. Throughout his career, Todd has been instrumental in driving business objectives such as strategic mergers and acquisitions, securing funding through various transactions, and guiding companies through initial public offerings. He also provided guidance and direction on corporate governance and securities law compliance matters.
As a seasoned lawyer and board member, he has served clients in multiple capacities, including as general counsel to a South Florida financial services company and as outside counsel with premier law firms such as Weil, Gotshal & Manges and, most recently, as a shareholder at Miami-based Stearns Weaver Miller. Zarin has also helped clients as a strategic and transactional advisor through his own consultancy.
“eCapital’s unique approach to strategic growth while changing the shape of the alternative finance and lending landscape is exciting,” said Zarin. “The leadership team has a well-defined and ambitious vision for the future, and I look forward helping achieve the company’s long-term goals and continue driving the company’s dynamic growth trajectory.”
Zarin is a member of the Florida and New York bars and earned his Juris Doctor from Brooklyn Law School. He also holds a Master of Business Administration from the Kellogg School of Management at Northwestern University.
About eCapital Corp.
eCapital is committed to accelerating access to capital for companies in the United States, Canada, and the U.K. By leveraging a team of over 800 experts and proprietary, industry-leading technology, eCapital is creating the future of business funding. With a full suite of products such as freight factoring, invoice factoring, lines of credit, asset-based lending, payroll funding, and equipment refinancing, eCapital ensures businesses have the funds they need to do more. Through its Transportation, Staffing, Wellness, Healthcare, Factoring and ABL divisions, eCapital delivers customized funding solutions for over 80 industries. To learn more about eCapital, visit eCapital.com.
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The Next Frontier: Financing the ERC
January 11, 2023
“I have never sold a product that has no daily, no weekly, or no monthly payments,” said David Goldin. That is until now, he explained, because of the Employee Retention Credit from the IRS that’s sweeping the country. Goldin’s new company, Finance ERC, that he co-founded with Newtek co-founder Jeffrey Rubin, is buying the future ERC receivables of small businesses that have filed for it. A key feature? No payments.
“You basically drop off the money, they don’t pay you out of cash flow, we get paid when the checks arrive,” Goldin said. “It’s an amazing offering.”
Goldin is no stranger to the SMB finance game. He is one of the reasons that the MCA product exists today in the United States. A documentary about it was the second most watched in all of 2022, for example. And he’s still a busy guy. One of his other businesses, Capify, finances small businesses on two continents every day.
“I’m busy in the morning with the UK and I’m busy at night with Australia, but I had a lot of free time during the day,” he said about how he was able to pursue yet another venture. “I approached Jeff and we were seeing that there was a gap in the market that the checks don’t arrive.”
The ERC, a potentially generous tax credit available to eligible businesses, has recently enjoyed greater awareness since it was included in the March 2020 CARES Act. Businesses that qualify can amend previous returns to receive a refund. Folks in the small business finance industry, already in direct communication with businesses about their financial needs, have taken notice.
Finance ERC won’t do the filing itself for a business. They have to had filed already to seek out the funding, which can go up to $1 million at present. It’s the waiting game between filing and actually receiving the refund that leaves merchants in a crunch. Goldin said the wait time is “best case scenario three months, worst case scenario a year plus.” And there’s no guarantee that the claims will be paid. That’s a risk they bear.
The deals come in from a variety of sources, business loan brokers, MCA platforms, ERC filing companies and more. The funding amounts can be significantly larger than an MCA and with no payments to be made, is incredibly competitive. A number of other financial service providers are charging a fee just for helping the businesses file for the credit in the first place, which in itself can be lucrative, but Finance ERC sticks just to the funding.
“We work with the funding companies, we work with the brokers, the various ISOs, it’s a great product,” Goldin said.
But the life span of the ERC is purportedly capped. Some experts say that businesses can only amend their 2020 tax return through April 2024 and their 2021 return through April 2025 [dyor]. But then that’s supposed to be it, allegedly.
“That presumes the government is not going to offer any future tax incentives,” Goldin said. “What we’re building at Finance ERC is a platform to finance tax credits. [The ERC] is the first credit.”
The opportunity, he explained, is preparing now for what may repeat often in the future.
“We put together the right players and vendors,” Goldin said. “We’ve hired a super senior management team.” It’s a system that includes sales, marketing, operations, finance, underwriting and more, to be prepared to scale.
But even in the present, opportunity abounds.
“The best estimates I’ve read are 5-6 million ERC are still eligible,” Goldin said. “People in this industry call it America’s best kept secret.”
And thus as marketing of the ERC continues to grow all around, Finance ERC is ready to work with businesses, brokers, and filers going through the process. Businesses can even use the funding from Finance ERC to pay the fee to file in the first place.
“So now all of a sudden they put the risk to me which I’m happy to do for a file that we like, and I pay the filing company / the broker gets paid right away,” Goldin said.
Get Ahead in 2023 with These Best Accounting Practices for MCA Companies
January 6, 2023
As we draw the curtain on 2022 with the festive holiday season and prepare to kick off 2023 with a bang- with ambitious goals and the highly anticipated industry meetup at AltFinanceDaily Connect in Miami on January 19-, your company accountant is gearing up for a busy quarter. Depending on the level of financial organization in your MCA business, filing your annual taxes can be a breeze or a nightmare.
Better Accounting Solutions has been the premier accounting partner in the MCA space for over a decade, and we’ve compiled some of the best accounting practices you can implement now to make your taxes easier next year:
1. Determine your income recognition method and be consistent with it:
This is important for three reasons:
a) Accurate financial reporting: Consistently applying a single income recognition method ensures that the financial statements accurately reflect the income earned by the business. This is important for internal decision-making and stakeholders such as investors and creditors who rely on these statements to assess the business’s financial health.
b) Tax compliance: Proper income recognition is important for tax compliance purposes. The method used to recognize income can affect the amount of tax that a business owes. By consistently applying a single method, the business can ensure that its tax returns are accurate and avoid potential issues with the tax authorities.
c) Simplicity: Consistently applying a single income recognition method can also make it easier for the business to prepare and file its tax returns, as well as to manage its overall financial record keeping. This can save time and reduce the risk of errors or discrepancies.
2. Understand Writeoffs:
As a business owner, it is important to understand how to maximize write-offs in order to reduce your company’s tax liability, and one way to do this is by taking advantage of deductions and credits that are available to the company. For example, businesses can write off typical expenses such as employee salaries, office rent, and supplies. On top of that, you may be able to write off meals, trips, and events if they are being done for the business, so consult your accountant to see what counts.
It is also important to ensure that these expenses are properly documented in the company’s financial records, and that they are being paid for using company cards accounts rather than personal accounts for business expenses. This is because personal expenses are not tax deductible, whereas (many) business expenses generally are. By using clearly delineated company accounts, businesses can ensure that they are able to properly document and claim these expenses as deductions on their tax returns.
3. Documentation, Documentation, Documentation!
Businesses and governments are run on the back of paperwork, and ensuring you are on top of your documentation and records is the best way to ensure smooth operations and compliance. This includes making sure:
All your business licenses and registrations are in order.
Your W-2’s are filed by the end of January.
Determine who you need to get W-4’s and W-9’s from:
It’s important to know how to categorize your partners to establish clean and complete records. Filing inconsistent records, internally or compared to their paperwork, can cause issues and complications down the road when you file your taxes.
For example, an ISO is typically classified as an independent contractor rather than an employee. As such, an ISO would typically need to fill out a W-9 when working for you, rather than a Form W-4.
Form 1099 is a tax document used to report various types of income other than wages, salaries, and tips that are reported on a Form W-2. Form 1099s are typically issued by businesses or other organizations to contractors or other independent workers for services rendered or income received.
Independent contractors, including ISOs, are responsible for paying their own taxes and are not entitled to the same employment benefits as employees, so you’d need to get a W-9 form from them and then give them a 1099 based on the information they gave you.
Better Accounting Solutions recommends not giving syndicators 1099s from you because we’ve found that many syndicators have different methods of reporting their recognized income to the IRS, and we do not want to report differing numbers to the IRS, which can lead to obvious complications.
It is important for businesses to correctly classify workers as either employees or independent contractors to ensure that the proper tax forms are used and that the correct amount of taxes are withheld or paid.
Speak to an experienced financial expert to determine how to classify your partners, vendors and employees.
Get a W-9 from all of your partners (ISO’s, etc.) before you pay them, otherwise, you’ll have to chase them for paperwork when they’ll have no incentive to get it to you in a timely manner.
4. Ensure You Are Getting The Best Financial and Accounting Advice:
If there is a major theme in this piece, it is the importance of having access to expert financial and accounting advice and guidance, particularly in an industry as complicated as merchant cash advance.
Whether you work with an in-house CPA or work with a large accounting firm, do consistent check-ins and self-audits to make sure your business is getting the premier service it deserves, which will certainly save you a significant amount of stress, time and money.
Climbing Up The ROK
December 23, 2022
This month Patrick Manning took over as the new CEO of ROK Financial. Previously representing the company as CRO and President, Manning’s been on an upward trajectory since he first started in sales roughly eight years ago. He learned the business from founder and former ROK CEO James Webster, who will be stepping into a new role as Executive Chairman.
Manning will be overseeing the leadership team with the help of COO Shannon Treadwell and continuing to grow the organization.
“I also have a large hand in the relationships with our lenders, we are a broker, and we utilize all of the top lenders in the industry,” said Manning. “And I sit at the helm of managing and building those relationships with our lenders.”
Manning described the industry as “lacking information and education” whether this be from brokerages or business owners themselves. Taking pride in the way ROK does business, Manning went on to describe a new learning experience the company will be presenting to the industry.
“I’m going to continue to help push on the company initiative of rolling out ROK-U or ROK University. ROK-U is an education platform which encompasses ROK’s 10-15 years of broker experience to an easy-to-follow training platform geared to properly educate those that are looking to enter into the industry,” said Manning.
ROK’s goal is to improve the way brokers interact with business owners and carry out transactions. This fully remote program will be available to anybody interested in entering the industry where they’ll learn proper techniques as well as language. The company soft launched the program in May with 30 enrolled students from all over the country. Testing the program out to see what areas needed improvement, ROK-U will officially launch in January 2023. It is also free of charge and will be live on their website.
“The team has been working diligently to roll out new technologies to help with this initiative. Those that enroll in ROK-U will have access to best-in-class technologies powered by Salesforce Communities to assist in training and getting their businesses off the ground,” said Manning.
The company will also be introducing the ROK Tour, a new networking event in eight major cities throughout the U.S to help promote ROK University.
Tackling the California Disclosure Law With David J. Austin, Esq.
December 16, 2022
“I believe the law can be complied with in a technical sense based on how the statute is written,” said David J. Austin, Esq. of Austin LLP, “however, it opens up a funder to a number of attacks when they’re trying to enforce the funding.”
Austin, an attorney well-read on California’s new commercial financing disclosure law, has created a compliance guide specifically for merchant cash advance funders. Now that the law is in effect, he’s noticed a sudden urgency from small business finance companies to quickly wrap their heads around what they need to be doing.
“There’s nothing ambiguous about certain things in the statutes,” he said. “And it’s very specific, you have to use this font, you can’t use bold or italics, and I discussed that a little bit in [the guide]. It’s very specific about what you need to do.”
Austin imparted some helpful wisdom based upon the risks he sees. First, that funders need not just worry about the Department of Financial Protection and Innovation (DFPI) auditing one’s compliance, but also about what attorneys on the opposite side of the table might attempt to attack if these contracts ever end up in litigation, which they inevitably will. There should be concern, he said, about surrendering some control of the disclosure process to brokers, especially for this reason.
“In my view, the biggest liability in this statute is the broker screwing you up,” Austin said. “I can’t begin to say how important I think it is to—just for that one disclosure, take the broker out of the equation…”
Austin suggested that as far as California is concerned, funders should have direct communication with the merchant early on in the process so that when it comes time to make offers, the funder is able to send the required disclosures to the merchant themselves, and that the broker can simply be included in those communications. This workflow system might depart from one where a broker is accustomed to retaining all control of merchant communications, but Austin is looking at the risks through the lens of a funder.
“I think you just have to say, ‘look, it’s the law and we’re not going to do it any other way,'” he said.
While a much more complete scope of what’s required is all part of the guide he’s offering, he hinted that the “reasonably anticipated true-up” requirement of the disclosure was mostly centered around the knowable seasonality of a business and that he likes the Historical Method of predicting a business’s future sales versus the state’s other allowable option, the Underwriting Method. The Historical Method requires that a funding company examine at least 4 months of a business’s previous history, so if any brokers have been left wondering why a funder has recently started asking for 4 months bank statements instead of 3, this is probably the reason. Austin believes that the Underwriting method, by contrast, creates a lot of extra work, like state audits and additional litigation risk.
“The statute [on the Underwriting Method] is long,” he said. “And like I said, it requires auditing. So the first thing that’s going to happen in any litigation is you’re going to be asked to provide those auditing details.”
Any mca funder curious about compliance, including for access to the full guide, should contact David Austin directly at david.austin@austinllp.com.
Since the law has gone into effect, AltFinanceDaily has determined that some funders are complying with the law already and are continuing to operate in the state like normal while others are taking a wait-and-see approach. Any funder thinking they can fly under the radar of the DFPI and ignore the regulations should consider that a compliance failure could likely be exposed in litigation.
“We know what the defense counsel is going to do,” said Austin, speaking on merchants’ lawyers using the disclosure requirements as a weapon. “They’re gonna push, push, push, push, push.”
Just Jump In: Three Women Making Their Mark in The Industry
November 29, 2022Forty-Six percent of women make up the workforce in the financial services industry with only 6% of them being CEOs. Reshaping the narrative of men dominating the finance world, women in various components of the industry are making their mark. Sarah Kelly, Lindsey Rohan, and Heather Francis are three women that particularly stand out in the commercial finance industry.
Equipped at Birth
Born into equipment finance, Sarah Kelly got her start by working for the family business at KLC Financial. After a decade of becoming an expert in the trade, she spent some time in the medical equipment finance side of the industry before finally landing at Dedicated Financial GBC, where she is now the Director of Servicing. Dedicated has been experiencing growth, according to Kelly, as the company just hired five new employees in the last couple of weeks.
“I have a lot of confidence in the leadership team and was excited that they were open to having a woman on the team,” said Kelly. “They’ve welcomed me in wholeheartedly, they always ask for my opinion, I’m always willing to give it and I feel like we’ve really all connected to make Dedicated a great company.”
Kelly believes that women should support one another to do better. Even a little friendly competition to push each other to be their best selves doesn’t hurt.
“I believe that we can really show other women that you can be whatever you want to be in this industry, that there’s no limit, there really aren’t,” said Kelly. “I feel like some people think that there might be just because they are a woman but there really is no limit and we just need to get that word out there to them…”
Practicing the Laws of Finance
Finance wasn’t exactly the plan for Lindsey Rohan after law school. Working for a law firm in Long Island she dabbled in real estate closings, but with having two small children at the time, balancing work and motherhood were always at odds. Determined to have her own practice, she started Pollack Cooper & Fisher, P.C. where she worked as a real estate attorney for 8 years. She hadn’t ever foreseen commercial finance as her next career path, but a call from a family friend led her to join a merchant cash advance company.
“It actually became quite a good fit because it’s a lot of multitasking, a lot of looking at all the various aspects of a corporation and its life, and how you can protect it,” said Rohan, Deputy General Counsel at Basepoint Capital.
Handling the legal infrastructure of the company, building out departments to make sure there are checks and balances, and making sure all the collections teams abide by the regulations are routine in Rohan’s schedule. Having much success in her position, a notable point in her career has been about building the Alternative Finance Bar Association. The AFBA was created to facilitate the exchange of information with attorney members concerning alternative finance.
“What’s interesting about this is that while the industry itself is male dominated, most of the dominant attorneys in the space are women,” said Rohan. “Some of the largest originators, the General Counsel are women. The leading compliance and regulatory firm, the two attorneys that lead the group that handle commercial business are both women. And that’s an interesting dynamic.”
Working in a predominately male-led industry can have its challenges but Rohan claimed she never found it to be anything that’s held her back. Acknowledging at conferences that only about 10% of attendees are women while the rest are men, she does not believe it has had a negative impact on growth. Rohan agrees it’s important to support women in every endeavor and to not shy away from positions in this industry.
“Just do it, just jump in,” said Rohan. “Don’t hesitate, you’re in control. The amount that you learn is the amount that you allow yourself to be exposed to.”
Funding with Francis
Graduating with a degree in Health Promotion and Education, Heather Francis took a left turn into finance. Working for a private equity firm, she managed portfolios as well as oversaw many others. That position became her crash course into the industry, fueling her relationship into the financial services world and eventually encouraging her to start her own company in 2015, Elevate Funding. As CEO and Founder, Francis has had to do it all.
“I think owning my own business is accomplishment in itself, as well as being a mom and a wife,” said Francis.
Without dwelling on the industry being predominately male, Francis believes it has opened many doors for her. The women in the field are a “close knit group” propping each other up and sharing information, she explained. She believes it is important to support everyone that demonstrates drive and attitude to better themselves. That can be providing pathways, being a soundboard, introducing people, and simply giving out words of confirmation.
“I’ve always seen that the boys have a club, so do the girls, it’s never been anything that’s been a worry to me, or I’ve been like, ‘I’m being held back because of being a woman in finance,’” said Francis.
As a Board member of the SBFA, Francis helps solve problems in the industry and contributes ideas. And with rapid change surrounding the business, she has a hopeful disposition on where it’s heading as we enter a new economic phase. Experiencing the recession back in 09’, Francis saw the industry grow exponentially between 2009 and 2011.
“Traditional finance pulls back when times are hard, and we’re able to be a little bit more nimble and move around to adjust for it, but still keep funding,” said Francis.
Bonded through finance, women are navigating throughout the industry with strong personalities, outspoken voices, and confidence. Born into the field or pivoting their way in, they seem to be embedded into every aspect. While being a team player to everyone, these women continue to push their career forward with hard work, sticking to core values, and knowing who they are.
Don’t Count Out the Bank When it Comes to Small Business Lending
November 21, 2022
“So ideally, the best-case scenario for a business owner is always to try and get approved by a bank, it gives them more flexibility, you’re able to build that relationship with the bank,” said Juan Caban, Managing Partner at Financial Lynx.
It’s an old adage that the bank is the best option, but given their historically tough criteria and reputation for sluggishness, the feasibility has long been a question. Caban, however, said that obtaining a bank line of credit is not as daunting as it sounds. Qualifying businesses (TIB 2+ years, 700+ FICO, and favorable industry) can obtain a pre-approval in 24 hours, approval in 7-10 days, and funding in another 2-3 weeks, making the entire process last about 3-4 weeks overall, according to Caban. And brokers can earn a one-time fee of up to 5% as well, he added.
“Bankers tend to be a little old fashioned oftentimes, now some of that’s changing in how they evolve,” said Patrick Reily, co-founder at Uplinq. “We’re dealing with some really interesting progressive banks in the last five years that are thinking about ‘how do we do better and how do we change things,’ but the reality is that they tend to move more slowly.”
Reily’s company, Uplinq, empowers lenders like banks, credit unions, or other financial institutions to approve and manage risks on loans they would have otherwise declined.
“Some of the companies we work for, they’re able to increase the number of people they lend to by 5 to 15 fold,” Reily said. “Think about that. That’s a huge difference.”
Technology, it appears, is widening the approval window, which means business owners shouldn’t count out options they previously thought impossible.
Caban of Financial Lynx, echoed same, explaining that business owners should explore all potential avenues.
“We pride ourselves in knowing the trends and products in banking and can be a great asset for Brokers/ISOs,” Caban said.
“I think it’s smart always to look broadly and understand what your options are, who is best capable to serve you,” said Reily.
Why Participating in Industry Events Matters
September 29, 2022Guest Post by David Roitblat, Better Accounting Solutions
In just under a month, on October 24th, hundreds of members of the merchant cash advance community will descend on Times Square in New York City, at the New York Marriott Marquis, for AltFinanceDaily’s Broker Fair event. Every aspect of the industry will be represented, from brokers and ISO shop reps to specialized lawyers and accountants.
I will be there representing my business, Better Accounting Solutions, and it will be the upteenth time I’ve attended this tremendous event. But attending industry pow-wows was not how I envisaged spending my working hours at the start of my career.
When I worked at entry-level jobs in accounting firms, I didn’t think attending these events was worth the time and financial investment, instead choosing to believe that if I put my head down and worked for the 24 hours that the events were being held, I’d be positioning myself better for my professional future. And when I opened Better Accounting Solutions in 2011, that attitude didn’t change, especially now that it was my own time and money on the line.
This whole approach changed on the advice of a mentor a few years in. Hearing me explain how I thought the business could be scaling quicker than it was, he suggested attending, and participating, in an accounting conference that was coming up. When I pushed back with my familiar list of grievances, he didn’t attempt to refute them, instead repeating his advice, adding that how could it possibly hurt.
I attended that first conference, and haven’t looked back since.
All the elements of industry events that I had previously dismissed proved to be incredibly valuable and are an integral part of Better Accounting Solutions’ story, and how we got where we are today.
It’s why I encourage everyone that’s involved in the MCA business to shake off the headsets and get their heads out of the screens, and to take this opportunity to connect with real people.
Here are some of the key takeaways that I got out of that first experience that remain true to this day:
1. You never know who you’ll meet. Industry events bring together people from all different backgrounds and experiences, and you never know who you might meet and what kinds of connections you might make. Many of the people I met at these conferences, especially at Broker Fair once we had established ourselves in the MCA space, have gone on to be my mentors, advisors, supporters, clients, and friends.
2. It’s a great way to build your network. I came into the industry very green, feeling my way around by letting my work do the talking. But when I opened my own business, I needed to let my actual talking do the talking, and learn the art of networking. Networking is all about building relationships, and industry events provide an excellent opportunity to meet new people and start making connections that can help you in your career.
3. You can learn from others. When you’re working in your own space, it’s possible to inadvertently build a bubble around yourself, insulating yourself from current trends and happenings in the business. Industry events are a great way to learn from the experiences of others in your field and hear about the latest developments and advances.
4. It can help you find a job and advance your career. Sometimes, all you need is an opportunity to get your foot in the door, and events like Broker Fair are great places to find that chance. At industry events like these, it doesn’t take a lot to bump into industry figures and leaders, and if you connect with them and hit the right notes, these people just might be your next employer, mentor, partner or client.
As a token of gratitude for all that I’ve gotten from it over the years, Better Accounting Solutions is a sponsor of Broker Fair, a testament to our belief in this event. I’ve gotten tremendous value from Broker Fair, and it’s why I’m such an advocate for events like it.
We can’t let ourselves be held up by the reasons we think of to avoid attending, for a supposed lack of finances or time. Avoid naively thinking like I did, that you can grow in this business if you keep doing exactly what you’ve been doing until now, minimizing yourself in the very same circle. This is the best investment you can make in yourself right at this moment.
And once you take the plunge and make a firm decision to come, stop feeling guilty and that you should be contained in your office instead. Networking is real work, and can only come when you let go of that guilt and allow yourself to think bigger.
It’s at places like these where I met people that lent me their ears and gave me a chance, a major factor in Better Accounting Solutions earning our reputation as leaders in specialized accounting for the merchant cash advance industry.
It happened for me, and it can happen for you too.
