FundKite, Aquamark Partner on Watermarking Submission Docs
June 17, 2025
As more brokers rush to watermark submission documents to minimize the likelihood of their deals being backdoored, FundKite is codifying the trend into policy by partnering with Aquamark. Aquamark, as readers may recall, was recently spotlighted on AltFinanceDaily for its defensive watermarking technology which enables brokers to stamp documents in a tamper-resistant manner, marking them as having originated from the broker. If these stamped documents end up in the hands of an unauthorized third party, the watermark reveals their original source. With watermarked submissions on the rise, FundKite will only accept them if they match the originating broker. The company will also encourage brokers to use Aquamark to protect their submissions if they aren’t already doing so.
“At FundKite, we take submissions very seriously and want to ensure that the documents we receive have been originated by the ISO submitting them and were not backdoored, which has been a major issue in the industry,” said Alex Shvarts, CEO of FundKite. “We encourage all our ISO partners to watermark their submissions for this reason. Aquamark provides a seamless and inexpensive process we tested and strongly recommend.”
“This partnership reflects a rapidly growing shift in the industry — brokers are fed up with deal theft, and they’re increasingly aware of how critical compliance will be over the next 12 to 24 months,” said Christina Duncan, Founder of Aquamark. “We’re grateful to partner with Alex at FundKite, who’s stepping up to address these challenges by reducing risk, building trust, and helping preserve the integrity of the space as it evolves.”
The Battle Against MCA in Texas
June 12, 2025David Roitblat is the founder and CEO of Better Accounting Solutions, an accounting firm based in New York City, and a leading authority in specialized accounting for merchant cash advance companies.To connect with David or schedule a call about working with Better Accounting Solutions, email david@betteraccountingsolutions.com.
Texas, a state associated with limited government intervention and freedom of business to operate and succeed in a capitalist society, stands at a crossroads.
Governor Greg Abbott has until June 22nd to decide whether to sign House Bill 700 into law—a decision that could fundamentally reshape how small businesses access capital in the Lone Star State. If he signs it, or simply lets the deadline pass without action, this sweeping legislation will take effect on September 1, 2025. The action will potentially cut off vital funding sources for thousands of Texas entrepreneurs, in a direct assault on the merchant cash advance industry that has been a lifeline for the people of his state.
The stakes couldn’t be higher. While supporters frame HB 700 as consumer protection, this bill targets sales-based financing—financial tools that have become lifelines for small businesses shut out of traditional bank lending.
Small business owners know the frustration of walking into a bank and walking out empty-handed all too well. Traditional lenders have tightened their belts, especially for newer businesses, minority-owned enterprises, and companies in industries deemed “risky.” When a restaurant owner needs quick capital to fix a broken freezer, or a contractor requires funds to purchase materials for a big job, they can’t wait weeks for a bank’s approval process. They need solutions now.
That’s where alternatives come in. Revenue-based financing provides capital based on future sales, not credit scores or lengthy financial histories. Yes, they can be more expensive than bank loans—but they’re also available when banks say no.
This financing drives business growth, job creation, and the health of Main Street. When small businesses can access capital quickly, they expand, hire employees, and strengthen their communities.
HB 700 goes far beyond simple disclosure requirements. While transparency is important—and most responsible providers already provide clear terms—this bill creates a regulatory maze that could price many providers out of the Texas market entirely.
The bill imposes sweeping new requirements that will fundamentally change how sales-based financing companies operate in Texas. Companies providing commercial sales-based financing must register with the Office of Consumer Credit Commissioner by December 31, 2026, including both direct providers and brokers, with mandatory annual renewals and fees.
For any financing under $1 million, sales-based financing providers must provide extensive disclosures covering everything from total financing amounts and disbursement details to payment schedules, additional fees, prepayment penalties, and even broker compensation arrangements. The operational restrictions go much deeper, voiding confession of judgment clauses entirely and requiring companies to obtain recipient signatures on all disclosures before finalizing any transaction.
Perhaps most problematic is the prohibition on automatic debiting of recipient accounts unless companies hold a “validly perfected first-priority security interest”—a legal standard that’s nearly impossible to meet in practice and effectively kills the streamlined payment processes that make revenue-based financing work for the funders, and by extension, the merchants.
The Finance Commission of Texas gains broad authority to identify and prohibit “unfair, deceptive, or abusive” practices, though interestingly, they cannot set maximum interest rates or fees. Violations carry steep civil penalties of $10,000 each, and the law applies to any provider offering services to Texas recipients via the Internet, regardless of where the company is physically located. These aren’t minor regulatory adjustments—they represent a complete overhaul that could drive legitimate capital providers out of the Texas market entirely.
This isn’t just bureaucratic red tape. It’s a fundamental misunderstanding of how modern business financing works. Revenue-based financing depends on streamlined payment processes tied to daily sales. Without this mechanism, the entire business model becomes unworkable.
If HB 700 becomes law, the consequences will ripple through Texas’s economy. Small businesses already struggling with inflation, labor shortages, and supply chain disruptions will lose access to flexible financing options. Rural businesses, minority-owned enterprises, and startups will be hit hardest—exactly the businesses Texas should be supporting.
The irony is stark. Texas has built its reputation as a business-friendly state, attracting companies fleeing overregulation in other states. HB 700 threatens to undermine that competitive advantage by making it harder for small businesses to access the capital they need to grow.
The voices of actual small business owners have been largely absent from this debate. Many don’t even know this legislation exists, despite its potential impact on their operations. Those who are aware express frustration that lawmakers are making decisions about their financing options without understanding their real-world needs.
Governor Abbott faces a clear choice. He can sign legislation that will likely drive responsible funders out of Texas, or he can recognize that small businesses need access to diverse financing options.
The goal should be protecting businesses from truly predatory practices while preserving their ability to access capital when traditional banks won’t help. That requires nuanced policy, not broad restrictions that treat all alternative finance providers as predators.
The battle against MCA regulation in Texas isn’t really about merchant cash advances—it’s about whether Texas will remain a place where small businesses can find the capital they need to thrive. Governor Abbott’s decision will determine not just the fate of HB 700, but the future of small business financing in Texas.
The countdown has begun. Texas small businesses are watching and waiting.
Take This Industry Fraud Evaluation Survey
June 11, 2025Fraud is a growing challenge in the alternative lending space, particularly for lenders and funders that serve small businesses. As fraud tactics evolve – from synthetic identities and doctored bank statements to first-party fraud and account takeovers – funders and lenders face heightened risks that can lead to increased defaults, operational losses, and stricter underwriting processes.
MoneyThumb and AltFinanceDaily have partnered to conduct a survey across lenders, funders, brokers, banks, and the fintech sector to reveal and better understand how fraud is impacting the industry. The goals are to help underscore the problem / shine a spotlight on an increasingly important sector that adversely impacts the industry and provide information on the most common fraud types and the tools strategies lenders are using to mitigate risk.
Your feedback is completely anonymous, and as a thank-you for participating, you’ll receive an exclusive early copy of the full report—plus additional insights not available to the public.
Check out other joint reports AltFinanceDaily has previously participated in.
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North Dakota Law Regulates “Alternative Financing” as a “Loan”
May 30, 2025The state legislature in North Dakota recently passed House Bill 1127. This bill made a simple amendment to a 1970s-era law called the Money Brokers Act (“MBA”).
Despite its name, the MBA is not limited to brokers. It is the primary law regulating consumer and commercial lending in North Dakota. It applies to any person engaged in the act of arranging or providing loans. Such persons are called “money brokers” in the MBA.
This amendment adds a two-sentence definition of the word “loan”. When this amendment takes effect, the MBA will define “loan” as follows:
“Loan” means a contract by which one delivers a sum of money to another and the latter agrees to return at a future time a sum equivalent to that which the person borrowed. This includes alternative financing products as identified by the commissioner through the issuance of an order.
Is this is a big deal? Yes. Here’s why.
Until now, the MBA has always defined the term “money brokering” to include the act of providing “loans” but has never defined the term “loan”. As a result, forms of business financing that are not typically considered loans – such as factoring or revenue-based financing (also sometimes called “merchant cash advance”) would not be subject to the MBA. Adding this new definition of “loan” to the MBA creates significant risk that alternative forms of business financing will become subject to the regulatory burdens impose by MBA.
Those burdens are significant. The MBA requires money brokers to obtain a license from the North Dakota Department of Financial Institutions (“DFI”). The MBA also caps the maximum amount of fees and charges that can be impose by a money broker at a rate of 36% per year.
With this new definition, the North Dakota Department of Financial Institutions (“DFI”) can now issue an order designating any financing product as a loan subject to the MBA. Does the DFI intend to regulate revenue-based financing? That’s unknown at this time. The Commissioner of Financial Institutions provided a memorandum to the legislature stating that the new definition would allow DFI to ensure that North Dakota’s citizens “will have access to new lending products, without sacrificing safeguards”. It is possible that the Commissioner is intending to focus on consumer financing products and not commercial financing. Even if that’s the case, that’s small comfort.
There is still a problem with this law because the first sentence of the definition is simply too broad. It states that a “loan” includes a transaction with the following two features:
1. There is a contract by which a sum of money is delivered to another.
- A typical revenue-based financing is structured as a purchase of a merchant’s future revenue at a discounted purchase price. The purchase price is a sum of money delivered to the merchant.
- Invoice factoring transactions also involve a delivery of funds in the amount of the face value of the invoice minus a discount and/or a reserve.
2. At a future time, the person receiving that money agrees to return an “equivalent” sum.
- In revenue-based financing, the merchant agrees to deliver the purchased amount based on an agreed-upon percentage of the merchant’s revenue stream. Arguably this is a “sum of money” equivalent to the purchase price advanced to the merchant.
- Factoring is a bit more complicated. In recourse factoring, a factoring client sometimes is required to repurchase an invoice from the factor if the invoice is not paid on time. The repurchase price is based on the face value of the invoice. Arguably this is a “sum of money” equivalent to the face value of the invoice minus a discount and/or a reserve.
Even if the DFI does not order that revenue-based financing or factoring are loans, a North Dakota court could take the position that the definition of “loan” is now so broad that these products are already loans under the revised MBA. No DFI order is needed.
If a North Dakota court concludes these products are now subject to regulation under the MBA, including its 36% rate cap, then this opens the door for North Dakota businesses that obtain financing to sue any provider that imposes charges that effectively exceed that rate cap.
It’s not clear whether the North Dakota legislature understands what it just did. This amendment was part of a legislative package that was primarily focused on data security. The addition of the “loan” definition would be difficult to find if you weren’t looking for it. House Bill 1127 passed with almost unanimous support. Did all those legislators understand that this law could drive away products that offer working capital to businesses that badly need liquidity and don’t have access to a bank line of credit? I doubt it.
Does this mean that providers of alternative financing should stop funding in North Dakota? That’s a business decision. We’ll certainly be watching to see if the DFI provides any guidance on any kind of “alternative financing” product it considers to be a loan. But providers of revenue-based financing and factoring should start thinking about whether they might need an MBA license North Dakota and whether they can live with the MBA’s 36% rate cap.
According to the North Dakota legislature’s website, this change in the MBA is likely to take effect on August 1, 2025. That gives you some time to think about whether North Dakota is still a viable market for your financial products.
CS Lend 4.0 Fuji Release Unveiled: Cloudsquare Launches AI-Driven Enhancements to Modernize Loan Management
May 21, 2025
LOS ANGELES, CA – May 20, 2025 – Cloudsquare, the leading Salesforce-powered lending platform, proudly announces the release of CS Lend Spring 2025—a major evolution in lending automation that equips brokers and lenders with powerful AI-driven tools to streamline operations, speed up decision-making, and scale with precision.
What’s New in CS Lend Spring 2025?
IntelliParse: AI-Powered Document Processing
Automate the parsing of ISO applications and bank statements. Extract borrower data directly from PDFs and sync structured records into Salesforce—faster, more accurately, and with no manual entry.
DataMerch Integration: Fraud Prevention Built In
Verify merchants instantly with native access to DataMerch inside CS Lend. Search, tag, and manage merchant risk without switching platforms.
Commission Module: Streamlined ISO Payouts
Set flexible commission rules, automate payouts, and generate ACH-ready files. Gain complete visibility into earnings and eliminate spreadsheet-based tracking.
File Management Enhancements
Classify, organize, and retrieve files with smart attribution and improved metadata. Spend less time searching and more time closing.
The Spring ’25 Release gives lenders the edge they need to succeed in today’s fast-paced MCA and lending markets. From reducing underwriting time to preventing risk and automating ISO payments, Cloudsquare continues to lead in delivering technology that drives speed, scale, and smarter lending decisions. Find out more on our blog: https://link.cloudsquare.io/8oLA
About Cloudsquare
Cloudsquare is the leading end-to-end lending platform, uniquely powered by Salesforce to deliver unparalleled flexibility and innovation for lenders and brokers. With a commitment to optimizing lending processes through cutting-edge technology, Cloudsquare provides robust, scalable solutions that empower merchants to achieve greater efficiency and growth. Celebrated by industry leaders, Cloudsquare has earned a place on the Inc. 5000 list as one of America’s fastest-growing companies and is consistently rated a top service provider on platforms like Salesforce AppExchange, G2, Clutch, and Manifest.
For media inquiries, please contact:
Cloudsquare Marketing Email: marketing@cloudsquare.io
Texas on Pace to Pass MCA Bill With Broker Registration Requirement
May 13, 2025
The State of Texas is moving toward passing a “commercial sales-based financing” bill that would impact the merchant cash advance industry. Among the key details is an MCA broker registration requirement that would require brokers to get approved by the Office of Consumer Credit Commissioner (OCCC) in order to broker any MCAs to a merchant located in Texas. Brokers would be subject to OCCC oversight and the rules governing transactions with Texas-based merchants would apply regardless of where the broker themselves is located.
Furthermore, The Finance Commission of Texas would have the authority to adopt its own rules “to prohibit certain acts or practices by providers including acts or practices the commission considers unfair.”
The current iteration of the bill, which has already passed the House and is now in the hands of the Senate to confirm, can be found here.
Merchant Confidential
May 2, 2025Carl Brabander, EVP of Strategy for IOU Financial, will be speaking at Broker Fair on May 19 in New York City. Brabander will be sharing data and tips on how to build trust and win deals in the small business finance industry.
This is a can’t-miss session for brokers. Registration for the full-day conference ends soon. You can sign up here.
Getting Backdoored? Put Your Mark on the Docs
April 30, 2025Christina Duncan was once working on a renewal as an MCA broker when things turned south. Her client suddenly received so many calls with offers for funding that they had to turn their phone off.
“[The client] eventually reached out to us via email and basically said, ‘Hey I don’t know what’s going on but these people are saying they’re with you and they have my bank statements. I’m really concerned,'” Duncan said.
Duncan’s renewal had been backdoored. It was hardly the first time, and she was hardly the only victim. As many in the industry often complain, it has become a growing trend in which a broker submits a client’s deal and it somehow slips out the back door into the hands of a third party. The broker then ends up competing on their own deal, or they lose out on it completely. And that’s how many brokers see it—as something that happened to them. But there’s also the business owner who is now left wondering how their data ended up in the wrong hands and what to do about it.
In the above example, Duncan tried to help the client learn how an unauthorized party came into possession of those bank statements, but she was simply hung up on and blocked. It was a dead end.
“So those are the situations that we encounter every day and it’s tough to navigate,” she said.
Born in San Jose, CA and based in San Francisco, Duncan has seen it all. She started in equipment financing more than 15 years ago and gradually shifted into brokering MCAs. When complaints about backdooring began to crop up, everyone had their own opinion on the cause.
“I’ve seen people get caught up on just trying to point the finger or use backdooring as an excuse for their lack of success,” Duncan said, “But the reality is that it is very real. I’m a part of the DailyFunder forum. I see people talking about it all the time but there just hasn’t really been an efficient way to deal with it.”
But then she came up with a solution: Aquamark, a defensive watermarking tool that differs from other tactics employed across the industry to reduce the risk of backdooring. It allows brokers to permanently stamp the documents as having originated from them.
With the assistance of AI and a small team, Duncan left the broker world behind to go full-time into developing the technology, which she said can be used on all the documents in the process.
“It’s not just the bank statements, it’s tax returns, your application,” Duncan said. “What’s happening is it’s someone who has access to these submissions, these packages, and it very well could be internal, someone on your team, it could be a lender and the lender doesn’t know that…”
So it’s not only a problem, but one that can happen at multiple levels in the process. The Aquamark tool, still in its early days but already being used by funders and brokers, can apply custom-branded watermarks onto PDF files with ease. On the one hand, she said, the tool had to be designed to prevent AI from removing the watermarks, and on the other hand it had to work with encrypted statements. When she solved both challenges, she knew she had something. Now, brokers simply upload their documents through the portal, and the platform returns them in seconds.
“By design, I built this in a way that it’s very lightweight and it’s self-service,” Duncan said. “You don’t really need me to do anything and more importantly we’re not storing anything. So essentially you’re uploading your documents and I’m giving it back to you. There’s no logs, there’s no history, none of that is happening behind the scenes.”
The company’s mission statement is a simple one: “Prevent Backdooring. Fund More Deals.”
As Duncan explains, lenders might not even know that a deal they’ve received has been backdoored because the submitting party doesn’t always make it obvious where they got it.
“It’s tough, especially in this environment with all the competition, cost to acquire customers are through the roof, and you lose that,” she said. “It sucks. And honestly it’s so frustrating because aside from it being [how brokers make their money], for the merchants it puts that bad taste in their mouth in the industry. And it’s very real. And so I just wanted to come out with something that—again, the MCA industry gave me a lot and this just feels like a way to give back, as cheesy as that sounds.”
