New York commercial financing disclosure law

Last reviewed

New York requires providers of covered business financing to give you written cost disclosures before you sign. It's one of only two states that require an estimated APR.

This is a plain-English summary for business owners, not legal advice. Laws and regulations change. Check the statute and the regulator's guidance, or ask an attorney, before relying on it.

At a glance

LawNew York Commercial Finance Disclosure Law
CitationN.Y. Fin. Serv. Law §§ 801–812; 23 NYCRR 600
Applies fromAugust 1, 2023
Deal size covered$2,500,000 or less
Products coveredSales-based financing, closed-end financing, open-end financing and factoring
Estimated APR requiredYes
RegulatorDepartment of Financial Services (DFS)

Key points

  • Required disclosures include the total amount financed, the amount disbursed after fees, the total repayment amount, the estimated APR, the average monthly payment, and any prepayment charges.
  • At $2.5 million, New York covers much larger deals than most states.
Advertisement

What this means when you're comparing offers

Covered offers in New York must show an estimated APR, so you can compare a merchant cash advance, a short-term loan and a line of credit on the same scale. It's still worth checking the number yourself: for sales-based products the APR depends on the provider's forecast of your sales, and a different forecast gives a different APR.

Take the amount disbursed (after fees), the total repayment and the payment schedule from the disclosure and enter them in our merchant cash advance calculator or loan comparison calculator. If your result is far from the disclosed APR, ask the provider which payment schedule they assumed.

What a disclosure typically shows

The exact list varies by state and product, but commercial financing disclosures generally cover the total amount of financing, the amount actually disbursed after fees, the finance charge or total cost, the total repayment amount, and the payment amount and frequency. Check the statute cited above for New York's precise requirements.

If an offer is covered and you weren't given a disclosure, ask for one before signing. If a provider refuses, treat it as a warning sign.

Advertisement

Other states

See all state commercial financing disclosure laws, including which require an APR and how deal-size limits compare.

Sources

  1. Venable LLP, New York Commercial Financing Disclosure Requirements (accessed 2026-09-26)
  2. Venable LLP, State Commercial Financing Disclosure Laws (March 2026) (accessed 2026-09-26)
Advertisement