So what does this mean, what's new and what stays the same?
We will continue to offer Borrower Payment Dependent Notes (BDNs) meaning these investments will continue to be treated as 1099 income.
A new entity, FTF Lending, LLC will now be the originator of the underlying loans as well as the issuer of the BDNs. This Special Purpose Vehicle (SPV) is 100% owned by Fund That Flip, Inc.
A third party Delaware-chartered Trust has been retained to perform the duties of a Trustee on behalf of all lenders in the event of "default" as defined by the Indenture Trustee Agreement. Events of default include bankruptcy or other events which may have an impact on the solvency of the Company.
Each time you invest in a project on our platform you are subscribing to a Borrower Payment Dependent Note and Investor Agreement. These two documents are further supplemented by a Private Placement Memorandum and Indenture Agreement. The below discusses how these documents fit together to make up your investment.
In summary, these changes provide a meaningful improvement to the protections afforded to you as a lender on our platform. This post is meant only to provide a summary of the investment documents. You should download and read the complete package prior to investing.
Click here to download a copy of sample investment documents.
Q: Will my previous investments be converted into this new structure?
A: Because of the short term on the majority of our loans, we will not be converting older loans to this new structure. Doing so would require each investor to sign a new subscription agreement. After surveying several of our more active investors, the consensus was that it was not needed.
Q: How will this impact my taxes for 2016?
A: You will still receive a 1099-Int from us at the end of the year. If you've invested in both the old and new structure, you may receive two 1099's; one from each entity.
Q: I was very familiar with your old investment documents. Do I need to re-familiarize myself with the new documents?
A: We always recommend reading the complete set of investment documents. The new documents will look familiar as their intent is very much the same as the old investment documents.