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Wednesday 12, 2003 Headlines--- Pictures
from the Past---2002--- Rick Wilbur/Jim Buckles Message
from NAELB President Gerry Egan New
Update on Commercial Money Center-Netbank/Lakeland Settle Resource
America's Trapeza/Leaf Financial $730 Million The
Funding Tree---the Final Days--- ---The
Details of the Closing from Landlinemag.com Fannie,
Freddie Shocks Could Spread to Broader Economy Many
Leasing Companies Not Licensed in California Tom
Strickfanden and Jim Mannis Join TCF Leasing ELA Enters Leasing Software
Business--- Webleasing--List of other leasing software
companies ### Denotes Press
Release “Day in American
History” available only in up-grade version. In new format, can
click on the period---sample at end in text version ---------------------------------------------------------------------------------------- Classified Ads---Outsourcing Site Inspection: Tampa/St.
Pete, FL Contact Dick Mitchell @ Randolph Lynn Associates for prompt
professional pre-funding equipment inspections, collateral "visits",
and related lessee/vendor contacts. (Florida locations) 727-302-9144
Email:dmrla@gte.net Site Inspection: Placentia,
CA On site verifications, document signing or collections. Quick,
accurate and professional. Reports with photographs e-mailed direct.
Agents throughout US. Contact for coverage and rates. Email:pwright@yk2bizsolutions.com Site Inspection: US & Canada Quiktrak performs equipment inspections within 24 hours of
your job placement anywhere in the US. Order, check status & receive
reports & photos online. Email:sdresser@quiktrak.com Software: Edmonds, WA Preferred Broker Solutions offers software support (also
custom templates & reports) for the System 1 and CapitalStream Advantage
products. Ask about our Web Application interface. Email:support@pbs4u.com Trainer: Atlanta, GA Able to provide training to dealers on financial merchandising
as well as provide asset management service Email:kingcole@mindspring.com Vendor Sales Training: Atlanta, GA. 6yrs exp.in training
Resellers, Dealers & Vendors on how to "Sell Leasing".
Will train your dealers on your specific program or generic "Leasing
101". email:mreedy@softtechleasing.com Outsourcing Ads are
free. --------------------------------------------------------------------------------------------- Pictures from the Past---2002--- Rick Wilbur/Jim Buckles The famous Rick Wilbur of MediCap-lessor/discounter/superbroker/broker/ bon vivant with System 1/Software Expert Jim Buckles. Hands on experience at the Marina del Rey Conference, to be repeated at the Chicago
March Conference. “The handsome young
man in the middle is my son Carey who is also my partner. I have no idea what we were doing there because
I'm old forgetful..Carey on the other hand was probably trying to learn
more about the capabilities of Capital Stream. “I think the industry is beginning to catch it's collective
breath and business is getting much stronger. Our volume is increasing and the quality of credit appears to be getting better. “Hope to see you in Chicago.” Rick -- From Jim Buckles-- “The picture was taken at the NAELB Regional Conference in
Marina Del Rey last November. I was
discussing the latest features of Advantage version 2.0 (the successor to the System 1 software program) with
Rick & Carey Wilbur. This version
will be available Q2 of this year and I will be showing a "sneak peak" in Chicago for the NAELB
National Convention 3/19 - 23. A free training
session on 2.0 and a general discussion of Advantage and alaQuote will be available to convention attendees on
Thursday 3/19 from 1pm - 5pm. “Since leaving CapitalStream 2 years ago and forming Preferred
Broker Solutions, I have been very fortunate to bring aboard two
previous System 1 people. "Technical
Guru", Trevor Thompson and "Developer Extraordinaire" Tom Wynne. Both people
have been a terrific asset to our company and have allowed us to grow rather rapidly, keeping up with the constant
demand of offering superior software and the best possible customer
support available to the Leasing Community. “We are experiencing a very steady growth with our Advantage
customer base as well as subscribers to our alaQuote program. alaQuote is our web based quoting tool that furnishes a private label Lease Calculator,
Custom Quote Letter, Credit Application and Credit Release form which
feeds application data into Advantage. This
program is extremely easy to use and furnishes a professional web presence to any Leasing Professional's web
site as well as a private label offering to their vendors. “The industry is definitely in a regroup and reorganize phase
at the moment. This is nothing new, we just haven't experienced this, at
this depth, in a long time. The upswing
is inevitable. This is a great
time to review how we are all doing business, trim the fat, increase efficiencies,
target new markets and get moving. There
is no doubt that some companies are still doing deals, while others are just waiting for something
to happen. These times, you have to make it happen! “Look forward to seeing everyone in Chicago.” Jim Buckles Preferred Broker Solutions 19621 82nd Pl W Edmonds, WA 98026 (866) 352-8665 sales (425) 672-2591 support (435) 514-3787 fax -- While we are at it, if you are interested in learning more
about the NAELB Chicago Conference, please go here: http://64.82.65.38:80/newsletter/conference.htm This is the NAELB Lease Logic Newsletter (for members only,) but we have a copy, where you can read: Broker Agreement
Representations and Warranties: Are There Any Solutions? by Joseph Bonanno,
Esq., CLP NAELB Legal Counsel and other tips and articles. Excellent
“on line magazine for members.”
Perhaps we can get away with printing it by bringing out
the president’s message: -------------------------------------------------------------------- See You in Chicago by Gerry Egan, NAELB
President I am looking forward to seeing everyone in Chicago later
this month for our annual conference. It promises to be one of the most
productive ones we've had and it's encouraging to hear from so many
who are coming for their first time. This conference marks the end of my tenure as NAELB president
and I want to thank all the members who have worked so hard to make
this association continue to grow. It's been a rewarding and interesting
opportunity to help guide the association and I encourage any member
who would like to be a part of the management and direction of it to
get involved in committee work and let your interest be known. Thanks to everyone and see you in Chicago! My top ten reasons for attending NAELB conventions 10. Visit new funders 9. Maintain contact
with existing funders 8. Hear about new
technologies and techniques 7. Learn about competition 6. Socialize with
like-minded professionals 5. Get legal warnings
and updates 4. Learn documentation
tips from seminars 3. Learn how funders
currently look at credit 2. Test new ideas
out on other brokers 1. Listen, listen,
listen to other brokers If you haven't registered for the 2003 NAELB Conference,
do so today! Click on NAELB's website "Upcoming Meetings"
http:// www.naelb.org/events.shtml -----------------------------------------------------------------------------------
New Update on Commercial Money Center -Netbank/Lakeland
Settle “Net Bank and Lakeland Bank settled with the Bankruptcy Trustee.
Apparently, they got an assignment of the leases, and didn't
bother filing a UCC Financing Statement! Can you believe that????? “The upshot is that for Net Bank, they are paying (yes paying)
the Trustee $6.2 million
dollars. This is on the heals
of major losses at the Bank. Kit, you
might want to do a search on them, their stock sucks, and the have major reserves for losses this year.
After paying the $6 million, they get to keep the worthless leases.
Hey, is that a good settlement or what? “Lakeland pays 1.3 million. “The settlement gets confirmed by Bankruptcy Court later
in April. 2003. “The deal was signed 2/5/03.” (From a highly reliable source-name with held) ------------------------------------------------------------------------------------- ######## ####################################### NetBank Schedules First Annual Analyst and Investor Meeting (see previous story—NetBank is parent of Republic Leasing
of South Carolina) ATLANTA----NetBank, Inc. (Nasdaq:NTBK), parent company of
the country's first commercially successful Internet bank, NetBank(R)
(www.netbank.com), will hold its first annual analyst and investor meeting
March 24-25. The company is conducting the meeting as part of its ongoing
commitment to help current and potential investors fully understand
NetBank's business. The two-day meeting will feature presentations from division
heads representing Finance, Retail Banking, Strategic Initiatives, Mortgage
Lending, Capital Markets and Operations. Presentations will begin at
8 a.m. and conclude at 12 p.m. on both days. Interested parties may listen to and view the presentations
via a live Web audiocast. The audiocast can be accessed on the bank's
Web site at www.netbank.com/about_relations.htm, beginning on March
24. The audiocast will be available as an archive for 30 days. For further
information about the meeting, investors may contact Matthew Shepherd
at 678-942-2683. About NetBank, Inc. NetBank, Inc. (Nasdaq:NTBK) operates with a revolutionary
business model through a diverse group of complementary financial services
businesses that leverage technology for more efficient and cost-effective
delivery of services. Its major subsidiaries include NetBank(R) (www.netbank.com),
the country's first commercially successful Internet bank; RBMG, Inc.,
a wholesale mortgage lender that generates residential mortgages through
a nationwide network of independent brokers and correspondent lenders;
Market Street Mortgage Corporation, a retail residential mortgage lender
that conducts business in 39 states; Meritage Mortgage Corporation,
a wholesale mortgage lender that originates non-conforming residential
mortgages through a nationwide network of independent brokers; and Republic
Leasing Company, Inc., a wholesale originator and servicer of commercial
business equipment leases. NetBank is a Member FDIC. NetBank, RBMG(R),
Market Street Mortgage(R) and Meritage(R) are Equal Housing Lenders. CONTACT: NetBank, Inc. Rich Jeffers, 678/942-7596 SOURCE: NetBank, Inc. ################### ###################################### Resource America's Trapeza Funding Closes $400 Million
Offering Bringing Total Raise to $730 Million
(Leaf Financial—small ticket leasing) PHILADELPHIA---Resource America Inc.(NASDAQ:REXI) (the "Company")
announces that Trapeza Funding II, LLC ("Trapeza"), a joint
venture between Financial Stocks, Inc. ("FSI"), a Cincinnati-based Registered Investment
Advisor, and Resource America, Inc., a Philadelphia-based proprietary
asset management company, has completed Trapeza CDO II, ("CDO II")
a $400 million pooled trust preferred collateralized debt obligation
through underwriters Credit Suisse First Boston and SunTrust Robinson
Humphrey, a division of SunTrust Capital Markets, Inc. Trapeza Capital
Management, LLC, an affiliate, will act as collateral manager of CDO
II. Trapeza CDO I, a $330 million pooled trust preferred CDO, was completed
in November, 2002. Since beginning business in March, 2002 Trapeza has
raised a combined $730 million in its CDO transactions. Jonathan Z. Cohen, Managing Member of Trapeza and Chief Operating
Officer of Resource America, Inc,, stated, "We are gratified by
the success we have achieved in the CDO marketplace. In our first year,
we have been able to raise $730 million in this market. This success
enhances Resource America's growing financial services division, and
strengthens our overall proprietary asset management business model." Resource America Inc. is a proprietary asset management company
that uses industry specific expertise to generate and administer investment
opportunities for its own account and for outside investors in energy,
real estate and financial services. The Company's financial services
division includes Trapeza and Leaf Financial Corporation, the general
partner of Lease Equity Appreciation Fund I, L.P., a proprietary asset
management product focused on small ticket leasing. Financial Stocks, Inc. is a registered investment advisor
focusing on financial services companies, including banks, thrifts,
insurance companies, commercial and consumer finance, leasing brokerage
and financial technology businesses. Investing in both publicly-traded
and privately held securities, FSI delivers value to its investors and
its portfolio companies through its broad and deep industry experience,
expertise in corporate finance and structure, and experience with complex
financial institution regulation. Statements made in this release may include forward-looking
statements, which involve substantial risks and uncertainties. The Company's
actual results, performance or achievements could differ materially
from those expressed or implied in this release. CONTACT: Resource America, Inc. Pamela Schreiber, 215/546-5005 Fax: 215/546-5388 ######### ######################## -------------------------------------------------------------------------------------- The Funding Tree---The Details of the Closing from Landlinemag.com SPECIAL REPORT: Easy money? Not so easy for Legacy Leasing --by Rene Tankersley, feature editor/landlinemag.com An advance-fee finance company that owner-operators say took
advantage of them is feeling the heat of an investigation after the
Nevada Attorney General's Office and local police secured the company's
offices and files last week. The Las Vegas Metro Police Department executed a search warrant
Wednesday, March 5, on Legacy Leasing, also known as The Funding Tree,
according to Debra Bryant, an office worker at the police department.
She said police secured the premises in preparation for investigators
from the Attorney General's Office, who arrived the following day. Neil Rombardo, deputy attorney general in Nevada, confirmed
a search warrant was issued for Legacy Leasing's office suite, two vehicles
and a residence. Although the company did business under the name Legacy Leasing,
it is registered with the Nevada Secretary of State's Office as The
Funding Tree, an advance-fee finance company formerly located in California. Last year, Land Line reported owner-operator complaints about
The Funding Tree after OOIDA members reported paying advanced fees and
payments to the company for financing that never materialized. After the California Department of Corporations last year
ordered The Funding Tree to stop making loans without a lending license,
the company's former president, Kendra Bernal, was arrested. The company's
then-vice president, Bruce Peterik, announced he would be president. Last month, Land Line learned that The Funding Tree had resurfaced
in Laughlin, NV, as Legacy Leasing. Through information from former
Legacy Leasing employees, Land Line learned OOIDA members had paid money
to the company for advance fee and payments on truck financing that
never materialized. One member, Larry Hargrove of Las Vegas, says he paid Legacy
Leasing $4,000 in November. After three months of empty promises, Hargrove
showed up at Legacy Leasing one afternoon last month demanding his money
back. Hargrove said police handcuffed him after the company accused
him of threatening them. Hargrove says police released him on the spot
after his wife showed them their finance agreement from Legacy Leasing. Hargrove wasn't the first OOIDA member to show up at Legacy
Leasing's offices. Kenny Farrington, also from Las Vegas, says he paid
the company $3,200 in December. Last month, Farrington and Bob Groves, an Oregon truck dealer
who was also waiting for money from Legacy Leasing, went to the company's
office and demanded their money. Groves said they left empty-handed
after office personnel threatened to call police. Donna and Gerald Branscom from Turon, KS, say they paid more
than $7,000 to Legacy Leasing to finance a new truck. As with other
members, the Branscoms say financing was always just a day away - or
at least that's what Legacy Leasing had told them for the past three
months. For the Branscoms, the news of Legacy Leasing's demise is
bittersweet. They are still without their money or their truck. Because
they sold their old truck to get the $7,000 down payment, the Branscoms
were left with no financing and no truck. Fortunately, Gerald's carrier leased him a truck so he could
keep running until he can buy another truck. "We figured that new truck would have been our last
truck until retirement," Donna said. "They put us out of work.
They took away our dream. We could have lost everything." LAND LINE MAGAZINE IS THE BUSINESS MAGAZINE FOR PROFESSIONAL
TRUCKERS AND THE OFFICIAL PUBLICATION OF THE OWNER-OPERATOR INDEPENDENT
DRIVERS ASSOCIATION (www.ooida.com) --------------------------------------------------------------------------------------------- Fannie, Freddie Shocks Could Spread to Broader Economy U.S. BANKER WEEKLY BULLETIN In hopes of protecting banks and other companies exposed
to the mortgage lending market, St. Louis Federal Reserve President
William Poole warned that an
unexpected financial shock at either of the top U.S. home finance companies,
Fannie Mae or Freddie Mac, could inflict heavy damage on the housing
industry and the broader U.S. economy. Because of the scale of the short-term
debt obligations of Fannie Mae and Freddie Mac, a problem at either
company would spread quickly. Poole's suggests
forcing Fannie Mae and Freddie Mac to hold a greater cushion of capital,
and take away the government's ability to lend the firms billions of
dollars, assuring the markets that the U.S. government has no obligation
to guarantee the companies' debt. -- Credit Card Issuers Suffer as Airlines Falter Marketing arrangements with airlines were once a fertile
source of growth for banks issuing credit cards. But as the airline
sector gets rocked by losses and several big bankruptcies, their close
ties could come back to haunt issuers. As the airline industry continues
to struggle with the drop in travel and rising fuel costs, issuers have
begun to face the prospect of slower account growth in this once vibrant
area and the potential to lose millions if an airline goes bust. Co-branding arrangements with airlines evolved as a crucial
way for credit card issuers to gain new accounts, as customers are attracted
by rewards such as frequent flier miles. Bank One recently said in its
annual report that the company stands to lose several hundred million
dollars in a worst-case scenario if bankrupt United Airlines is forced
to shut down operations completely. Other troublesome relationships
include bankrupt US Airways' partnership with Bank of America and American
Airlines' agreement with Citigroup. (uh-oh, hope they don’t start a “real” equipment leasing
credit card---co-brand with CIT or a major vendor. editor ) ---------------------------------------------------------------------------- Many Leasing Companies
Not Licensed by California Dept. of Corporations nor do they require brokers to be licensed. by Christopher Menkin The response
were due to this request from Bob Robichaud: The article pertaining to the Commercial Money Center (Wednesday,
March 5, 2003), as not having a California Finance Lenders License
and the potential risks and penalties they now may face was very interesting.
As a Commercial Banker I would be interested in hearing the opinions of you
and any of your readers concerning the necessity of obtaining, or not obtaining,
this License. (Do you need it or not? why? should a Commercial
Lender as "Due Diligence" insist that any Brokers they discount deals
for have it? Why not?). Thanks Kit, I always enjoy reading the latest news. Keep
up the good work! Bob Robichaud Lease Finance Officer PFF Bank & Trust Over twenty major funders and outside of California and
five instead of the state did not want to go on the record regarding their requiring a
Finance Lender’s License from their broker, nor comment whether they
had one. Several said after reading the CMC lawsuit where they were
not licensed, and the subsequent lawsuit, they were “looking into it” or “investigating it. This is from the lead attorney in the class action suit: “Brokers are NOT required to have licenses unless the deal
is a consumer deal. Financial Code
Section 22337. But, if the lease
has blanket lien language, there is a statute here which says that it is a
consumer loan. Financial Code Section
22204(b) “So blanket lien in lease? License your brokers. “No blanket lien in lease? Unlicensed brokers are OK. “If lessors on the lease are actually brokers, then they
must be licensed, whether they are the funding source or not. That was CMC's problem, amongst others. “We worked with a woman in the Procopio firm who wrote an
Article for The Secured Lender".
The firm is actually called Procopio, Cory, Hargreaves & Savitch, LLP, and I bet they have a web
site, and I have heard they have the article on their web site. “I think everyone should be licensed. It just makes no sense why one would risk this...” Regards, Tom McCurnin Barton, Klugman & Oetting Los Angeles, California email: tmccurnin@bkolaw.com Voice:(213) 621-4000 Fax (213) 625-1832 Visit our Web Site at www.bkolaw.com In all the legal workshops I attended at United Association
of Equipment Leasing Conferences,
it was drummed into our head that we must have a license... ---and do business only with those who have a license. If
you have salesmen, they must be on the payroll to work under your license if they
do not have one. The reason, if the transaction is considered a finance because
you have the consumer personally guaranteeing the transaction, and are
relying on their person credit and not their business credit to make
a decision, you definitely need a license. If the transaction is really
a loan or finance disguised as a lease, and let's not kid ourselves about this, we aren't talking
about a railcar or sophisticated arrangement, but a small ticket transaction,
you need a license if you are not a bank or other financial institution>regulated
in the State of California. If the lease was assigned to you by a person
or company not licensed, you may be liable for usury and the lease may
be considered not valid---meaning the lessee could not only break the
lease but you could be penalized because you did not have the license. In
addition, there are rules and regulations regarding documentation and other fees, including late charges. While much of the code concerns transactions under $5,000,
there are provisions for commercial loans which may really be “disguised
leases.” So if you don’t want to be sorry, and learn the hard way,
certain states have Finance Laws and you have to abide by them. In California, if you are not licensed, such as a bank or other financial
institution, you must have a Finance Lenders License and do business only with licensed entities. FEW STATE THEY HAVE
LICENSE OR REQUIRE IT--- There were few who wanted to admit they were not licensed nor had a require that they would only do business with licensed leasing companies. No one responded that they required the license to do business with a broker. “We do not require our originators to be licensed in the
State of California. “ Brian Bjella U.S. Bancorp Manifest Funding Services 800-325-2236 (ext 7193) brian.bjella@themanifestgroup.com --- “I responded directly to Bob, but will be happy to repeat. I am far from an expert, but we do not require this license
from our brokers. I believe it is only the funding source that needs
to be concerned about this issue. Of course, we have a license,
and I would recommend anyone else funding deals in CA to have one. (with
the exception of banks, given the exemptions made for banks by
the State). Still trying to get your deal done. I don't know too many
details, but my guys tell me the property has additional encumbrances
that the lessee is trying to clear up. I hope we can get this one done for
you! Thanks again for the business.” David Winick Creative Capital -- Many if not most brokers and lessors in California do not
have a lenders license. The main
reason is that the reporting, record keeping, and fees required to maintain
a license are more than most small brokers and lessors can afford. The State has expressed a de facto understanding
and acceptance of this situation.
Legally any individual or other entity is required to have
the license if they participate in any part of obtaining a loan for
a company that does not employ them.
Whether it is on behalf of the borrower or the lender.
This is very similar to being an unlicensed contractor. The client or the lender can legally deny compensation
or sue for return of compensation and the broker has no recourse because the broker is not licensed to do the work
he is requesting compensation for. To protect themselves
large lenders have established policies whereby an unlicensed broker
is not directly compensated for referring transactions to them. The broker must negotiate his fee outside the
transaction. The one exception is for true lessors. A transaction that actually is a lease not a loan is exempt from this licensing
requirement. The main reason
that so many broker lessors have gotten away with doing $1 purchase
options for so long is that in the beginning these transaction were
for small computer leases that had little or no residual value and the
$1 option leases were a small part of the overall portfolio but as banks
came into the industry as direct lessors and non-recourse indirect funding
sources this practice expanded to all types of equipment. The practice is now a customary and traditional part of the
way leasing companies and funding sources do business and for the most
part supported or at least condoned by the courts and the state agencies. In spite of this my opinion is that if I am a funding source
working with brokers I would want to work lease brokers who are selling
true leases, borrowing from me based on a pledge of the collateral and
an assignment of the stream of payments, and I have a some recourse against
the Lessor for default. Focused on Your Success Michael Jay Rogers American Bank Equipment Leasing, Inc. 921 W. 17th Street Santa Ana, CA 92706 (888) 836-1111 x 101 Fax (714) 836-0871 ---- From: mitchbedke mitch@financecapital.us Subject: Lenders
License Here is the law: CALIFORNIA FINANCE LENDERS LAW The California Finance Lenders Law is contained in Division
9 of the California Financial Code, commencing with Section 22000.
Effective July 1, 1995, the Personal Property Brokers Law, Consumer Finance
Lenders Law, and Commercial Finance Lenders Law were consolidated
without substantive change into the California Finance Lenders Law
(AB 2885, Chapter 1115, Stats. 1994). The regulations under the California
Finance Lenders Law are contained in Chapter 3, Title 10 of the California
Code of Regulations, commencing with Section 1404 (10 C.C.R. =A71404,
et = seq.). Finance lenders and brokers, by number of licensees and dollars
of loans originated, are the largest group of financial service providers regulated by the Department. A finance lender is defined
in the law as "any person who is engaged in the business of making
consumer loans or making commercial loans." A finance lenders license
provides the licensee with an exemption from the usury provision of the
California Constitution. Licensed under the law are individuals, partnerships, associations, limited liability companies and corporations, including many
of the largest "Fortune 500" companies. There are a number of "non-loan" transactions,
such as bona fide leases, automobile sales finance contracts (Rees-Levering Motor Vehicle
Sales and Finance Act) and retail installment sales (Unruh Act),
that are not subject to the provisions of the California Finance Lenders
Law In addition to the lending authority provided by the law,
the California Finance Lenders Law provides limited brokering authority.
A "broker" is defined in the law as "any person engaged in the business
of negotiating or performing any act as broker in connection with loans
made by a finance lender." Brokers licensed under this law may
only broker loans to lenders that hold a California Finance Lenders license. The requirements for a license are set forth in Section 22100,
et seq. of the California Financial Code. The law requires applicants
to have and maintain a minimum net worth of at least $25,000 and
to obtain and maintain a $25,000 surety bond. In general, principals of
the company may not have a criminal history or a history of non-compliance
with regulatory requirements. Mitch Bedke Finance Capital Tel (909) 600-8383 Fax (909) 461-4334 http://www.corp.ca.gov/pub/lender.htm “Finance lenders and brokers, by number of licensees and
dollars of loans originated, are the largest group of financial service
providers regulated by the Department. A finance lender is defined in
the law as "any person who is engaged in the business of making
consumer loans or making commercial loans." A finance lenders license
provides the licensee with an exemption from the usury provision of
the California Constitution. “Licensed under the law are individuals, partnerships, associations,
limited liability companies and corporations, including many of the
largest "Fortune 500" companies. “There are a number of "non-loan" transactions,
such as bona fide leases, automobile sales finance contracts (Rees-
Levering Motor Vehicle Sales and Finance Act) and retail installment
sales (Unruh Act), that are not subject to the provisions of the California
Finance Lenders Law. “In addition to the lending authority provided by the law,
the California Finance Lenders Law provides limited brokering authority.
A "broker" is defined in the law as "any person engaged
in the business of negotiating or performing any act as broker in connection
with loans made by a finance lender." Brokers licensed under this
law may only broker loans to lenders that hold a California Finance
Lenders license.” The January, 2003
California Department of Corporation application asks on page
six: For Brokers License / / Loans will only be brokered to CLF licensed
lenders For Lenders License: / / Source of funds
will be exclusive of any funding advances from an institutional investor
committed to purchasing the note. Exhibit A: Please provide a balance sheet of the applicant
as of a date not more than 90 days prior to the date of this application
, that indicates a minimum net worth of $25,000 (Financial Code Section
22104; the balance sheet may be unaudited.) Exhibit. Please provide a copy of a surety bond, including
any and all riders and endorsements in the amount of $25,000. Instructions
and surety bond from acceptable to the Department of Corporations are
enclosed ( Financial Code Section 22112.) They do ask if you have filed bankruptcy, to list all companies
you have served as an officer or principal, plus all suits that you
were a defendant. They appear to be interest more in “character” than financial
network, but do ask for a “balance sheet.” And you sign the statement this is the truth and it must be notarized Another provision concerns making all “books, accounts, papers,
records and files within 10 calendar days of any request from the commission,”
plus “...agree to pay the reasonable expenses for travel, meals, and
lodging of the Commissioner of Corporations or the Commissioner’s representatives
incurred during any investigation or examination made at the licensee’s
location outside the state. Provide a short description
of your business plan. --------------------- By the way, the cost of the license: $300, includes the processing
fee. Good until revoked or your retire it. Leasing News has asked the Department of Corporation for
their definition regarding those in “equipment leasing;” giving
a definition between a “capital lease,” which basically has a “nominal
purchase option” and a “true lease” which is an operating lease as
generally interpreted by certified public accounts, their accountancy board, and
both the state and federal taxing authorities. Barry Dubin, Esq. at Cooper-White-Cooper knows the difference
as well as Jeffrey Taylor, CPA,CLP. in ten words or less, true or false: License needed for a “finance lease” not a
“real lease.” Let’s see what the California Department of
Corporations will “officially” tell
us. Here is a well-known attorney who has written an article
on the California law. “This is in response to Bob Robichaud's letter to you (March
11, 2003) regarding the California Finance Lenders Law. Bob or others who are interested in this important issue, may want to read an article
I wrote last year, which discussed and analyzed the provisions of the
statute, who should obtain a license and the penalties for failing to obtain
the license if required to do so. The
article was published in the July 2002 edition of LJN'S Equipment Leasing Newsletter.” Michael A. Karpen Jenkens & Gilchrist Parker Chapin LLP The Chrysler Building 405 Lexington Avenue New York, NY 10174 Telephone: (212) 704-6149 Facsimile: (212) 704-6288 mkarpen@jenkens.com http://www.leasingnews.org/PDFFiles/E54CCA00.PDF ############ ############################################ Tom Strickfanden and Jim Mannis Join TCF Leasing . Minnetonka, –TCF Leasing, Inc announced that Tom Strickfaden
and Jim Manns have joined TCF Leasing, Inc., a general equipment finance
company focused on middle market companies, specialty vehicle, manufacturing
equipment and lease discounting. Tom Strickfaden has been named Vice President, Manufacturing
Equipment Division. Tom is based in Farmington Hills, MI and will provide
equipment financing for the woodworking and machine tool industry. He
has been active in the equipment finance business for the last 16 years
and was formally President of Lease Financial, Inc. Tom will report
to Bill Colwick, TCF Leasing, Inc., Sales Manager of the Manufacturing
Equipment Division. Jim Manns has been named Vice President and will be based
in Overland Park, KS. Jim will primarily serve companies based in Missouri,
Iowa, Kansas and Nebraska. Jim has over 20 years experience in equipment
finance sales and will report to Chuck Sell, TCF Leasing, Inc., Senior
Vice President and National Sales Manager. TCF Leasing, Inc., is a wholly owned leasing and equipment
finance subsidiary of TCF Financial Corporation (TCF) (NYSE:TCB). TCF
Leasing, Inc.’s, corporate headquarters is located in Minnetonka, Minnesota.
TCF is a Wayzata, Minnesota-based national financial holding company
with $12.2 billion in assets. TCF has banking offices in Minnesota,
Illinois, Michigan, Wisconsin, Colorado and Indiana. Other TCF affiliates
provide mortgage banking, brokerage, and investment and insurance sales. CONTACT: Nicole West TCF Leasing, Inc. Phone Number: 952-656-7415 Fax Number: 952-656-3273 E-mail: nwest@tcfleasing.com
############## ######################################. --------------------------------------------------------------------------------------------- -------------------------------------------------------------------------- IDS/InfoLease Customers Wait IDS just released their 2002 numbers. It doesn’t look good. They are definitely shopping the company big time. Also explains why
Summit back away. The source is the www.iii.co.uk <http://www.iii.co.uk/>
(Stock Ticker: IDG.L) .
It is a UK stock market info service.
You need to register, but it is free. Run their Balance Sheet past your credit guy and see what
he says. If your Net Assets of $14 million includes $28 million of
goodwill most CPAs would say you're under water. (name with held, from UK) ### ############################ (AFR) 11/03/03 07:01: IDS Group PLC - Final Results IDS Group PLC - Final Results RNS Number:5425I IDS Group PLC 11 March 2003 IDS Group plc ("IDS" or "the Group") Preliminary Results for year ended 31st December 2002 Key Points * Revenue £30.2m (2001:
£35.4m) * Operating profit
for the year, before goodwill amortization, impairment and all exceptional items, £3.0m
(2001: £3.8m) * Substantial cash
generation during the year, with net debt reducedy £4.2m to £14.2m * Earnings per share
for the year, before goodwill amortisation,impairment and all exceptional items was 3.49p
(2001: 4.82p) * A non cash accelerated
goodwill write off of £33.2m has been made * Discussions remain
on-going with a number of parties regarding a possible offer for the Company Commenting on the results Tom Glucklich, Acting Chairman
of IDS said "2002 has been a challenging year for the Group, as
a result of both the continued difficult economic conditions and the uncertainties
arising from the strategic review process. Against this background of uncertainty it is gratifying that the Company has recorded results, which
demonstrate that the Group remains resilient and profitable on an operating
basis and substantially cash generative. Prudent management action has further reduced costs during the year
and I believe IDS is well placed to benefit from the recovery in ITspending,
when it comes." For further information, please contact IDS Group (01962)
703448 Tom Glucklich (Acting Chairman) Chairman's Statement Review of Business It is well recognised that trading conditions in the software
market sector over the past year have been difficult. The IT industry has been characterised by tight cash considerations, pressure on margins,
a financial sector in some difficulty and general uncertainty all of
which has inevitably impacted upon IDS. Because the Group's sales mix in 2002 has been such that
recurring revenue has approximately covered operating costs, the Group's
results have shown considerable resilience. Turnover at £30.2m was some £5.2m down on 2001 (£35.4m) and operating profit before exceptional items,
and goodwill amortisation and impairment was £3.0m (2001: £3.8m). IDS operating profit is very sensitive to changes in new licence sales
as such revenues fall substantially through to the bottom line and the Board considers
that limiting the decline in operating profit to £0.8m when revenues
have declined by £5.2m is a creditable management performance. Equipment Leasing The Group's Equipment Leasing Business comprises some 76%
of Group revenues, nearly all of which is derived from the InfoLease
product. InfoLease has a large installed customer base of some 150 customers
and is the market-leadingproduct in both the United States and Australia.
Revenues from this installed base held up well during a difficult
year and totalled £23.1m, compared with £26.9m in 2001. Add on licence revenues, (mainly generated by capacity increases of users) were lower than originally expected,
reflecting the current lack of growth in the leasing market. Four new licences for InfoLease were signed in 2002, down significantly on the previous year's nine and the higher
levels of prior years. Additionally, since year end, two more InfoLease licences
have been signed. The signing
of new customers during these tight economic times, and the fact that
two of these new licences were with significant international banks,
further demonstrates that InfoLease remains the product of choice
for major lessors. Goodb progress
was made during the year in the introduction of Rapport, a web enabled
front-end system for InfoLease users.
The Rapport module was in Beta test with a number of customers
by 31 December. Full Service Vehicle Leasing Revenue from Full Service Vehicle Leasing, which comprises
the Fleetware and Vehicle Data products grew by 6% in 2002.
As a consequence of difficult market conditions and the continued investment
in Fleetware product development, the division failed to make an overall profit. Following the appointment of a new CEO of the Group's European operations in April, action was taken to streamline the organisation
to make it more customer focused and responsive. In addition at an operational
level, significant progress was made during the year in making the
Fleetware product more robust and reliable. Six successful Fleetware installations were completed during the year. Wholesale Finance The UK based Wholesale Finance Operation traded profitably
during the year and has a stable customer base, predominantly among
the large automotive manufacturers. Some
investment in the development of the Credit Line Plus product is planned for 2003. Unlike the UK based business, the service bureau customer
base of the US wholesale operation has not been sufficient to cover its
costs. As a result, the decision to close the operation was taken in
June 2002 and the operation closed in February 2003. Exceptional Items Exceptional items comprised a £0.3m provision taken in respect
of the cost of closing the US wholesale operation, a further £0.5m
provided in respect of the Group's vacant Basingstoke property and a
credit of £0.2m relating to the partial release of a provision set up
in 2000 to account for the rationalisation of the Group's software product range. In
addition £0.1m of costs relating to the strategic review process undertaken during
the fourth quarter of 2002 were included within exceptional costs. Balance Sheet At the year end the net debt position of the Group was £14.2m
and it currently stands at approximately £12.7m. The year on year reduction in net debt, including the positive impact of currency translation
was £4.2m, which represents a considerable achievement given the level of
the Group's profitability for the year. As required by FRS11, Impairment of fixed assets and goodwill,
the Board has, in view of the significant change in trading environment
during 2002, conducted a further review of the carrying value of goodwill
arising on the purchase of Decision Systems Inc. ("DSI") and David
Henley Systems Limited ("DHSL"). Following the methodology of FRS11, in
the light of the changed market conditions since 31 December 2001, a
non-cash accelerated write-off of £33.2mhas been made through the Profit and Loss Account. Dividend The Board does not propose payment of a dividend. Board and Management During the year Jim Granger and Harry Tee joined the Board
as Non Executive Directors. They
have already made a significant contribution and I look forward to working with them in the future. John Hubert resigned from the Board of IDS in January 2003
for health reasons. As previously announced, Michael Roller will resign from
the Board effective from the release of this announcement. Michael will be replaced as Chief Financial Officer of the Group by Jim Horstmann currently
Chief Financial Officer of IDS Americas. I should like to take this opportunity to record the Board's
great appreciation for the roles played by both John and Michael
in the reorganisation and rationalisation of the IDS Group in 2001 and 2002, which
has been instrumental in restoring the Group to profitability at the
operating level. Strategic Review On 23 October 2002 the Board outlined its intentions to conduct
a strategic review of the options open to the Company to maximise
value for shareholders. On 26 November 2002 Jim Meinen was granted
a leave of absence from his role as Chief Executive Officer to pursue
a possible MBO. The Board currently remains in discussions with a number
of parties regarding a possible offer for the Company. Shareholders should be aware that there can be no guarantee that an offer capable of recommendation
by the Board will be forthcoming. It is my intention to conclude this
strategic review process in the near term. Outlook The Group's businesses proved to be resilient to the weak
market conditions of 2002, which the Board anticipates will also
prevail for much of 2003. However, prudent management action throughout
this economic downturn, together with the " mission critical"
nature of the InfoLease product and a reduced cost base in the US and
in Europe has positioned the Company to effectively meet these challenging
market conditions. Against this backdrop of continued difficult market conditions
it is pleasing to be able to report that the Group has made a positive
start to the new financial year with two InfoLease licences already signed.
As in prior years the Board anticipates that the Group's revenues will be weighted
to the second half of the year. The Board believes that the decision to continue to invest
in its core technologies as evidenced by the release of enhanced functionality
for InfoLease and Fleetware (and other new products in the pipeline)
anticipated for the second half of the year, positions IDS well to benefit
from the recovery in IT spending, when it comes. T C Glucklich Chairman 11 March 2003 (Yes, we have readers in the UK, France, Saudi Arabia, Brazil,
India and Japan who send us news—editor) ############ ################################################### --------------------------------------------------------------------------------------- ELA Enters Leasing Software
Business--- ### ####################################### Tabitha Software, a software and
web services company focused on asset management, announced the signing
of a long term strategic partnership with the Equipment Leasing Association
(ELA), the association that represents companies involved in equipment
leasing and the finance industry. Tabitha Software has developed
and implemented a web-based industry technology platform for asset
management. Tabitha’s industry solution provides key workflow and
business process modules tailored to both asset management and the
leasing industry. The solution incorporates tools for compliance,
risk management, business intelligence, reporting, data management
and document management. The ELA and Tabitha Software intend to improve
asset management operations and transform leasing companies into “real-time
enterprises.” Several of the leasing industry’s largest financial
institutions have immediately adopted the platform. Tabitha’s integration platform
also provides a single point of connectivity for equipment lessors
and asset managers to coordinate, evaluate and transact business with
the leasing industry’s premier service providers and distribution
channels. Service providers are given Internet portals to manage and
track business workflow processes and communicate with asset managers.
Additionally, service providers can connect their internal asset tracking
systems directly to the industry platform. This provides the leasing
institution with real-time information through continuous data flow
between multiple partners and disparate systems. “The ELA believes that this strategic
relationship will add tremendous value to the entire leasing industry
and we encourage all ELA members to seriously explore this opportunity,”
said Michael Fleming, President of the ELA. “We see strategic value
in a unified industry approach where all members can benefit and participate.
The ELA has made a long-term commitment to this initiative.” “The ELA is one of the most prestigious
associations overseeing a $200 billion industry,” said Todd Wolf,
CEO of Tabitha Software. “Tabitha is excited by the long term commitment
of the ELA and the opportunity to provide significant value to all
the members of the leasing industry.” ABOUT ELA Organized in 1961, the Equipment
Leasing Association (ELA) is a non-profit association that represents
companies involved in the dynamic equipment leasing and finance industry
to the business community, government and media. ELA's diverse membership
consists of independent leasing companies, banks, captives, financial
services corporations, broker/packagers and investment banks, as well
as service providers like accountants, consultants, equipment managers,
executive recruiters, insurance companies, lawyers, publishers, and
software providers. ELA promotes the leasing industry as a major source
of funds for capital investment in the U.S and other countries. Headquartered
in Arlington, VA, ELA is a national organization with more than 850
member companies and a staff of 27 professionals. In 2003, equipment
leasing is estimated to be a $208 billion industry. (www.elaonline.com) ABOUT TABITHA Tabitha Software is a global provider
of eBusiness solutions. Through its products and services, Tabitha
Software enables enterprise clients and trading communities to more
efficiently conduct collaborative business over the Internet in order
to reduce costs and increase productivity. Tabitha’s flagship product
is the Tabitha Asset Management Suite which is an innovative software
solution that provides asset managers with a private trading exchange,
an external communication platform and a secure data repository. Asset
managers benefit from a unified point of connectivity to coordinate,
automate, evaluate, and transact business with external networks of
suppliers, service providers and buyers worldwide. For more information
go to http://www.tabithasoftware.com
http://www.tabithasoftware.com/resources/Tabitha%20Article-Monitor%20Daily.pdf ############## ####################################### Webleasing--
List of other leasing software companies http://www.leasingnews.org/elease/software.htm Capital Stream Main
Site: http://www.leasingnews.org/elease.htm We
have asked Tabitha leasing for information for the eLease page. Note:
up-grade users may click on the name to go to the software leasing sites. --------------------------------------------------------------------------------------------- News Briefs---- Senate passes bill authorizing tax on Internet sales http://www.boston.com/dailynews/070/economy/Senate_passes_bill_authorizing:.shtml President signs bill approving national registry to block
unwanted telemarketing calls http://www.boston.com/dailynews/070/economy/President_signs_bill_approving:.shtml Major airlines say war will widen losses http://www.boston.com/dailynews/070/economy/Major_airlines_say_war_will_wi:.shtml The fall from hype's peak (similar to the leasing industry) http://www.bayarea.com/mld/mercurynews/business/5362851.htm Conseco Finance sale depends on reaching deal with Fannie
Mae http://www.boston.com/dailynews/070/economy/Conseco_Finance_sale_depends_o:.shtml |
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