This bill, titled the Capital Access for Small Businesses Harmonization Act or CASH Act, mandates that providers of factoring facility agreements supply **written disclosures** to small business concerns. This requirement applies specifically to agreements where the aggregate dollar amount of factoring transactions is, or is reasonably believed to be, less than $500,000. The primary goal is to ensure small businesses receive transparent information about the terms of these financial arrangements before committing to them. The required disclosures must include several critical pieces of information to empower small businesses. Providers must clearly state the **difference between the face value of a claim and the amount paid** to the small business, along with a comprehensive list of all potential fees. Additionally, the disclosure needs to detail the amount and terms of any **reserve** held by the provider and the overall duration of the factoring facility agreement. To further enhance clarity, the bill stipulates that disclosures must include an **example of a factoring transaction** for a $10,000 claim. This example must demonstrate the amount or percentage difference, applicable fees, the maximum reserve, and the net amount the provider pays to the small business. The Act also establishes **federal preemption**, preventing states from imposing additional or inconsistent disclosure requirements, though it clarifies that modifications to existing agreements do not necessitate new disclosures.
Referred to the House Committee on Small Business.
Commerce
CASH Act
USA119th CongressHR-3244| House
| Updated: 5/7/2025
This bill, titled the Capital Access for Small Businesses Harmonization Act or CASH Act, mandates that providers of factoring facility agreements supply **written disclosures** to small business concerns. This requirement applies specifically to agreements where the aggregate dollar amount of factoring transactions is, or is reasonably believed to be, less than $500,000. The primary goal is to ensure small businesses receive transparent information about the terms of these financial arrangements before committing to them. The required disclosures must include several critical pieces of information to empower small businesses. Providers must clearly state the **difference between the face value of a claim and the amount paid** to the small business, along with a comprehensive list of all potential fees. Additionally, the disclosure needs to detail the amount and terms of any **reserve** held by the provider and the overall duration of the factoring facility agreement. To further enhance clarity, the bill stipulates that disclosures must include an **example of a factoring transaction** for a $10,000 claim. This example must demonstrate the amount or percentage difference, applicable fees, the maximum reserve, and the net amount the provider pays to the small business. The Act also establishes **federal preemption**, preventing states from imposing additional or inconsistent disclosure requirements, though it clarifies that modifications to existing agreements do not necessitate new disclosures.