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Multi-State Commercial Financing Disclosure

Effective Date: September 22, 2025

Business-Purpose Only

Private Assembly & Audience

LankfordCapital.com – Multi-State Commercial Financing Disclosure (Business-Purpose Only)

Private Assembly & Audience. Lankford Capital ("Lankford," "we," "us") operates as a private, membership-based assembly for business clients and professional counterparties. Our materials are intended solely for invited or admitted members and are not a general solicitation to the public. Admission and access may be limited or revoked at our discretion. Designation as a private assembly does not exempt us—or you—from applicable federal or state laws, including unfair/deceptive-practices laws, commercial financing disclosure statutes, licensing regimes, advertising/marketing rules, sanctions, or credit-reporting restrictions. Federal regulators enforce these requirements broadly and without regard to private-membership labels.

Business-Purpose Only; No Consumer Credit

We provide commercial (business-purpose) financing solutions to entities (e.g., LLCs, corporations) and to individuals acting in a bona fide business capacity. We do not offer consumer loans or consumer financial products/services. If a transaction is for personal, family, or household purposes, we will not proceed. (UDAAP applies to consumer financial products; Section 5 of the FTC Act (UDAP) applies broadly to unfair or deceptive conduct in commerce.)

Where We Operate; License Expectations in the Listed States

For business-purpose credit, many states do not require a dedicated "commercial-lender" license, provided all other laws are observed. Your inquiry pertains to: AL, AK, AR, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NH, NJ, NM, NC, OH, OK, OR, PA, RI, SC, TN, UT, VA, WA, WV, WI, WY. Even in these jurisdictions, the following still apply (non-exhaustive and subject to change):

Commercial-Financing Disclosures (small-business)

Several states require "consumer-style" disclosures for certain commercial financings (often by size threshold or product type), even when no lender license is required.

  • California (not in your list, but commonly relevant to counterparties). Rules in title 10 CCR "Commercial Financing Disclosures."
  • New York (not in your list) requires disclosures for most commercial financing ≤ $2.5M.
  • Utah requires registration + disclosures for covered commercial financing (generally ≤ $1M) effective Jan 1, 2023. This is in your list, so plan to comply when financing Utah recipients.
  • Virginia requires disclosures (and registration for certain sales-based financing providers). This is in your list if you ever use MCA/sales-based structures.

(Recent surveys confirm multiple states now impose CFDL-style regimes.)

Rate/Amount Triggers (examples outside your list, for context)

  • New York Licensed Lender Law: ≤ $50,000 business loans above 16% APR require a license.
  • Texas Regulated Lender: non-banks charging > 10% generally require OCCC licensure. (Texas isn't in your list; this is a common edge case for multi-state lenders.)

Real-Estate Secured (mortgage) loans

If secured by real property, many states trigger mortgage-company or commercial-mortgage banker/broker licensure even for business-purpose loans (e.g., Arizona and Nevada). We do not hold ourselves out as a mortgage company in such jurisdictions unless we or our partners hold required approvals.

Unfair/Deceptive-Acts and Marketing Rules (apply regardless of license)

We comply with Section 5 of the FTC Act (UDAP) and, where applicable to consumer products (not our focus), with UDAAP under the Dodd-Frank Act. Our marketing, disclosures, and servicing are designed to avoid deceptive or unfair practices.

Communications Compliance (outreach to owners/principals)

  • TCPA/TSR for calls/texts (e.g., one-to-one consent rules for telemarketing texts/robocalls; heightened opt-out requirements).
  • CAN-SPAM for commercial email (clear identification, physical address, and opt-out).

Credit-Reporting & KYC/Sanctions

  • If we evaluate personal credit of guarantors/principals, we only pull consumer reports with a permissible purpose under FCRA § 604 (15 U.S.C. § 1681b).
  • We conduct risk-based sanctions screening consistent with OFAC guidance.

No Offer; Indicative Information Only

All descriptions, rates, terms, and eligibility criteria are illustrative and non-binding. A financing offer is extended only in writing after we complete diligence and deliver applicable disclosures required by the recipient's state (e.g., Utah or Virginia small-business disclosure regimes when applicable).

Jurisdictional Limits & "Where Permitted by Law"

Our services are available only where legal and permitted. If a transaction (because of collateral, amount, APR, product type, or the recipient's location) requires a license, registration, or special disclosure we do not hold or provide, we will either (a) decline, or (b) refer through a licensed/registered partner. Nothing herein should be read to suggest availability in any jurisdiction where doing so would be unlawful.

No Reliance; Not Legal, Tax, or Investment Advice

This material is not legal, compliance, tax, or investment advice. Parties must consult their own counsel. Laws change frequently (e.g., evolving state commercial financing disclosure statutes); we may update practices without notice.

Conflicts; Affiliates; Compensation

We may receive compensation from financing counterparties or affiliates. We disclose material conflicts as required by law.

Membership, Privacy & Data Use

Access to our materials and any financing application process may require membership or onboarding. Where we use personal data (e.g., contact, identity, guarantor information), we follow applicable privacy and marketing laws and our posted privacy policy. (The FTC enforces privacy promises under its UDAP/UDAP authority.)

Trademarks & IP

All marks and content are the property of their respective owners. No license to use them is granted by access or membership.

Contact

Lankford Capital · team@lankfordcapital.com · (314) 314-5366

Effective Date

This disclosure is effective as of September 22, 2025 and supersedes prior versions.

Covered States

AL, AK, AR, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NH, NJ, NM, NC, OH, OK, OR, PA, RI, SC, TN, UT, VA, WA, WV, WI, WY.