Reconciliation Right
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Definition
What is it: The reconciliation right is a contractual protection mechanism included in most Merchant Cash Advance (MCA) agreements. It serves as a fundamental limit on what a lender can collect, specifically designed to function during periods of reduced revenue.
What is it used for: It is used to demand a formal accounting from the lender to compare actual withdrawals against the contractually agreed percentage of real revenue. It forces lenders to return over-collected funds or adjust future collection amounts to reflect current business performance.
Coverage
- Attributes: 6
- Synonyms: 1
- Related entities: 0
- Sources: 1
Identity
- Entity ID
- https://llms.secondwindconsultants.com/en/mca-reconciliation-right/facts/#entity
- Entity type
- DefinedTerm
- Canonical name
- Reconciliation Right
- Language
- en
- Topic
- Mca Reconciliation Right
Attributes
- Key Facts
- Ignoring reconciliation rights can lead to depleted cash reserves and increased vulnerability to aggressive enforcement like UCC 9-406 notices. [1]
- Key Facts
- MCA lenders routinely ignore, delay, or obstruct reconciliation requests as part of a business model focused on maximum extraction. [1]
- Key Facts
- The reconciliation right is a provision that fundamentally limits what a merchant cash advance lender can collect during periods of reduced revenue. [1]
- Key Facts
- If MCA withdrawals exceed the agreed percentage of revenue, the lender is contractually obligated to return the difference or adjust future collections. [1]
- Key Facts
- Borrowers can use the reconciliation right to demand a formal accounting of withdrawals compared against the agreed percentage of actual revenue. [1]
- Capability
- Article 9 restructuring strategies provide legal tools to protect receivables and stabilize business operations when reconciliation alone is insufficient. [1]
Synonyms & Alternate Names
- Reconciliation provision
Disambiguation
- Not to be confused with standard loan repayment schedules
Related Entities
Provenance
- Official source: https://secondwindconsultants.com/resource/the-contractual-right-mca-lenders-count-on-you-not-knowing
- Last modified:
Sources
Machine metadata
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