Revenue based financing for Texas businesses

Merchant cash advance in Texas

Texas passed one of the strictest merchant cash advance laws in the country. It requires signed disclosures, limits automatic debits, voids confessions of judgment, and requires funders and brokers to register by December 31, 2026. Here is what it means for your Texas business.

No cost to check Soft check only Mid-600 credit considered
Under $1MOffers covered by TX law
Dec 31, 2026Registration deadline
Mid-600+Credit profiles considered
Soft checkNo hard pull to start
01Overview

How merchant cash advances work in Texas

A merchant cash advance works the same way in Texas as anywhere else: a funder buys a share of your future sales for a lump sum today. What changes by state is what the funder must tell you before you sign.

You receive funding up front and repay a fixed total amount through daily or weekly debits, or a percentage of card sales. Because an MCA is usually structured as a purchase of receivables rather than a loan, it is priced with a factor rate instead of an interest rate. See how factor rates and total cost work.

Texas is one of a growing number of states with its own commercial financing law. Knowing what that law requires helps you read an offer, spot missing information, and compare funders on equal terms.

02Texas law

Texas rules for merchant cash advances

RuleWhat it means for you
LawTexas Finance Code Chapter 398, commercial sales-based financing (HB 700, 2025), with OCCC rules at 7 Texas Administrative Code Chapter 86
Who it coversProviders and brokers of commercial sales-based financing, such as merchant cash advances, including those serving Texas businesses online
Amount coveredDisclosures apply to specific offers of less than $1 million
Common exemptionsBanks, credit unions and their affiliates, transactions secured by real property, and leases
EffectiveThe law took effect September 1, 2025; registration is required by December 31, 2026 for businesses already operating
EnforcementOffice of Consumer Credit Commissioner; civil penalty of $10,000 per violation; no private right of action

Summary for general information; see HB 700 and the OCCC page in the sources below for exact requirements.

03Your offer

What your offer must show you

Texas disclosures must show:

  • The total amount of financing and the disbursement amount
  • The finance charge and the total repayment amount
  • The estimated time for payments to equal the total repayment
  • The payment amounts and frequency, or for variable payments, the calculation method and average projected monthly payment
  • Other fees, such as draw, late, or returned-payment fees
  • Any finance charge or fees due on early payoff or refinancing
  • Any collateral requirements or security interests
  • Whether the provider pays a broker, and how much
If the offer pays off an existing advance

The disclosure must also show how much of the new financing goes to prepayment charges and unpaid finance charges, and how much that reduces the amount you receive.

04Compare offers

How to use the disclosure to compare offers

Texas disclosures do not require an APR, so compare the amount you will receive, the finance charge, the total repayment, and how long repayment is expected to take. Also ask how payments will be collected, given the automatic debit rules.

Disclosure lineHypothetical offer
Funding amount (total financing)$50,000
Fee withheld at funding$1,500
Amount actually deposited (disbursement)$48,500
Total repayment (1.30 factor)$65,000
PaymentsAbout $344 per business day for about 9 months
Finance charge$16,500
Estimated APR (not required in Texas)About 82% at this pace

Hypothetical example for illustration only, not an offer.

Convert any Texas offer to an estimated APR with the MCA calculator, and review how to compare MCA lenders.

05Debits and registration

Automatic debits, registration, and confessions of judgment

Texas goes further than disclosure. These rules can change how an MCA is repaid.

  • Automatic debit limits: a provider or broker may not set up automatic debits from your deposit account unless it holds a perfected security interest in that account with first priority. Many MCAs are repaid by daily automatic debits, so ask how repayment will work under Texas law.
  • Registration: providers and brokers must register with the Texas Office of Consumer Credit Commissioner (OCCC). Businesses already operating must register by December 31, 2026, and new entrants before doing business in Texas. Ask any funder or broker whether it is registered.
  • Confessions of judgment: a contract provision containing a confession of judgment is void and unenforceable.
  • Broker compensation: the disclosure must say whether the provider pays a broker, and how much.
  • Signed disclosures: you must sign the disclosure before the application is finalized.
06Requirements

Typical MCA requirements for Texas businesses

State law sets disclosure rules, not approval rules. Funders weigh the same factors everywhere.

  • Time in business: often 6+ months; some programs review from 3 to 4 months
  • Monthly deposits: often $10,000+ in true business revenue
  • Bank activity: regular deposits and few or no negative days or returned items
  • Existing advances: disclosed, and not already taking a large share of deposits
  • Credit: mid-600 profiles commonly considered; some files below 600 reviewed

Typical ranges, not promises; each funder sets its own minimums. See the full MCA requirements checklist and the document checklist.

08Questions

Frequently asked questions

Q01What did Texas HB 700 change for merchant cash advances?

It created Texas Finance Code Chapter 398 for commercial sales-based financing. It requires signed disclosures for offers under $1 million, limits automatic debits from your deposit account, voids confessions of judgment, requires broker compensation to be disclosed, and requires providers and brokers to register with the OCCC.

Q02When do MCA funders have to register in Texas?

Businesses already acting as providers or brokers when the law took effect must register with the Office of Consumer Credit Commissioner by December 31, 2026. New entrants must register before doing business in Texas.

Q03Can an MCA funder automatically debit my account in Texas?

Only if it holds a perfected security interest in your deposit account with first priority. Ask any funder how repayment will be collected under Texas law before you sign.

Q04Are confessions of judgment allowed in Texas MCA contracts?

No. Under Chapter 398, a contract provision containing a confession of judgment or similar provision is void and unenforceable.

Q05Do Texas MCA disclosures include an APR?

No. Texas requires the finance charge, total repayment, estimated term, payment details, and fees, but not an APR. You can estimate one with an MCA calculator.

Q06Is SmallByzLoans a lender?

No. SmallByzLoans is a funding marketplace. We match you with funding providers, and the provider makes the decision and provides the required disclosures.

Sources and further reading

Financial disclaimer: This page is general information about Texas law as of October 2026, not legal, financial, or tax advice. Laws and regulations change; confirm current requirements with the regulator or an attorney. SmallByzLoans is a funding marketplace, not a lender. Approval, amounts, and terms are set by each funding provider.

09Ready when you are

Compare MCA offers for your Texas business

Start with the 60-second form. A specialist shows the amount you would receive, the total repayment, and the payment schedule in writing before you decide.

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