I’ve known Dane for a few years. he is one of five proof of funds providers that we do business with. This is an email that he sent me yesterday.
Do you have a transaction for which you require collateral?
We’ve just unveiled a new product to the marketplace which does not put the client’s initial funds at risk. No funds are released from escrow until after an acceptable instrument has been received by the client’s lending institution from an acceptable issuing bank.
These instruments may be used as the primary and/or only source of collateral for a credit facility. Do you have a transaction for which you are trying to obtain funding through your lender and need a source of collateral that’s safe and reliable?
The issuance fees are not put at risk, they are simply put into any mutually acceptable third party escrow account where they will stay until acceptable collateral is delivered as agreed; We may even be able to allow an acceptable bank pay order for the payment of fees contingent upon delivery of acceptable collateral.
Our bank communicates with your bank prior to deployment and execution of agreements. We are not leasing or joint venturing to provide assets, we are issuing our clients’ lender an irrevocable guarantee of principal and interest paid at maturity.
The bank instruments can be used for any legitimate, legal financial transaction where a client has the ability to get a loan with his lender with acceptable collateral. Read below for additional details.
1. Client must have their bank financing arranged conditionally upon the presentation of acceptable collateral from an acceptable bank.
2. Client must provide a conditional commitment letter from their bank addressed to the client (sample format attached)
3. Client must have 1.75% of the required instrument.
1. Client applies to POF
a. Client provides POF letter of intent
b. Client provides POF a completed application and supporting documents
2. POF issues documents to the client
a. Term sheet
b. Letter of Intent
c. Engagement fee request letter
d. Sample conditional commitment letter
3. Client sends $10,000.00 non-refundable engagement fee to POF.
4. Client sends POF the conditional commitment letter provided by the bank.
5. Client moves their 1.75% of the required instrument size to an acceptable escrow attorney. Escrowed monies are not released from escrow until after the instrument is delivered.
6. POF’s bank contacts the clients bank at the coordinates provided in the conditional commitment letter.
a. Banks discuss and come to terms on acceptable instrument text.
b. Banks discuss and come to terms on acceptable instrument transmission (delivery).
7. POF orders its bank to initiate and finalize the transaction between the banks.
8. POF’s bank delivers the instrument of principal and interest to the clients bank.
9. Client’s receiving bank receives the previously agreed upon bank debt instrument upon acknowledging its acceptance confirms this with its client and escrow attorney.
10. Client’s 1.75% is released from escrow to POF.
11. 15 Days from the date of the banks acceptance and acknowledgment of the bank debt instrument, the client releases 6.75% to POF.
12. Client’s bank funds the loan
13. Client bank deposits the proceeds of the loan into the bank who issued the bank debt instrument or to mutually consented coordinates from which monetary draws will be made by the client in conformity with his transactional requirements.
14. On the 91st day the client begins making principal and interest payments at LIBOR (+ floating rate*) to POF or to its order until the loan has been paid as agreed.
15. Client’s bank perfects payment on the bank instrument at its maturity date (12 months from its date of issue).
*Floating Rate would be determined in review of the transaction after we’ve received the bank letter and our bank has communicated with the clients bank.
1. HSBC in London
2. HSBC in New York
3. JP Morgan Chase in New York
4. Wells Fargo Bank in California
Pricing is a moderate total of 8.5% for the use of the instrument and on month three the client begins making principal and interest payments at Libor + a floating rate (*Floating Rate would be determined in review of the transaction after we’ve received the bank letter and our bank has communicated with the clients bank.) There are several benefits to the structure we are not offering.
1. Once the clients bank provides the client the conditional commitment letter our bank opens up a line of communication to agree upon instrument type, text and delivery protocols.
2. Transactions can be as small as $5 million United States Dollars.
3. You can spend your time with clients that have real closeable transactions, clients do not lose money and we do not lose time spent on clients with no transactions.
4. Other than the engagement fees which covers expenses of the attorney documentation, initial due diligence, etc., No moneys are released from escrow until the clients bank receives the acceptable collateral from a bank acceptable to them.
5. There is bank to bank communication by phone, fax and/or Swift prior to entering into a final contract with POFLLC to make sure POF and the client are not wasting any time or energy.
6. The client makes no payments to his lender whatsoever.
7. The instrument can be the primary and/or only collateral used to support the clients credit facility.
8. The client can get a loan from many different types of creditors to include but not limited to the following.
1. Private Banks
2. Commercial Banks
3. Retail Banks
4. Investment Banks
5. Central Banks
b. Credit Unions
c. Saving & Loan Banks
d. Angel Investors
e. Equity Investors
f. Brokerage Firms
g. Hedge Funds
h. Investment Funds
i. Pension Funds
j. Venture Capital Firms
k. Private equity firms
Submit an application today along with documentary evidence of your ability to pay the 1.75% upon receipt of an acceptable instrument.
Sample Commitment Letter
[CLIENT’S BANK LETTERHEAD]
[address, telephone, fax, email]
Dear [Client name]:
Having reviewed and evaluated [the property or transaction], subject to receiving a Guarantee supplied by a first class Bank acceptable to us for the purpose of the repayment of principal and interest, we shall extend to [Client’s firm] a one year loan in the sum of $ [000,000,000] for its ventures.
It is understood that we shall receive and that we shall accept a confirmation only from a first class Bank, for the irrevocable transfer of the Guarantee, guaranteeing the repayment at maturity of the loan principal plus the agreed upon interest rate of ___%, with a Certified Copy of the actual Guarantee, and that the original will be lodged and assigned on the Custodial Safekeeping Receipt, from a deposit account with the agreed top bank, to us.
The face value of the Guarantee must represent principal plus interest of the loan advanced and must be payable, at maturity, in one year and one day from its date of issue.
Funds will be disbursed by our bank to the bank supplying the Guarantee (or to mutually consented coordinates) upon our authentication and identification of the guarantee offered to us.
Unless a Bank-to-Bank communication is received by us from the Bank that will supply the guarantee, this commitment will terminate on [MM/DD/YY] at the end of the business day in New York, USA.
For verification of this communication and confirmation of our willingness to proceed with this loan offer, please request that the Bank that will supply the Guarantee make contact with:
Bank officer :
Phone No. :
Fax No. :
SWIFT ID :
[TITLE OF BANK OFFICER] [TITLE OF BANK OFFICER]