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CREDIT APPLICATIONS –  FROM THE BASICS TO HOT TOPICS SCOTT E. BLAKELEY, ESQ. BLAKELEY & BLAKELEY LLP 1000 Quail Street, Suite 200 Newport Beach, CA 92660 VOICE: 949/260-0612 FAX: 949/260-0613 Los Angeles Office (Please reply to Newport office) 515 S. Flower Street, 36th Floor Los Angeles, California 90071 [email_address] INTERNET:  www.bandblaw.com
The Credit Application As Part Of A Credit Policy  Reasons For A Credit Policy  Credit Department Objectives  Factors To Consider  Essential Components Of The Credit Policy  Types Of Credit Policies Developing Your Policy
A Contract With Your Customer  Types of Contracts  Elements of a Contract  The Legal Forms of Businesses  Agents and Principals  Types of Agency Statute of Frauds  Statute of Frauds  Signature, Notice and Changing Terms  Battle of the Forms (UCC 2-207)
Why A Credit Application?  Pros Cons  Credit Application Checklist Form of Business  Credit Extension  Applicant’s Certification  Applicant’s Authorization  Terms and Conditions  Signature of Applicant and Creditor
The Electronic Signature In Global And National Commerce Act  The Writing Requirement: The E-Credit Application The Statute of Frauds Posting forms on web pages for retrieval by customers The Signature Requirement:  Electronic, or digital, signatures
The Equal Credit Opportunity Act and The Credit Application The credit application should provide for statement of the vendor’s compliance with ECOA  Language for Credit Application
The Fair Credit Reporting Act and The Credit Application  FRCA Authorization Contained in Credit Application  A separate form, or addendum to accompany the credit application A credit application that provides general authority for the credit professional to pull a consumer credit report on a corporation’s officers may be insufficient
Privacy Rights and the Credit Application  California Privacy Law:  Model Law  Purpose  Key Terms  Notice Requirement  Complying  Violation of SB1386
Disposing Of The Credit Application  Holding Period  ECOA Escheatment  Litigation Antitrust Privacy Destroying the Credit Application and Information FACT Act
The International Credit Application  Terms and Conditions
Confidentiality Agreement  Definition  Structure  Disclosure/Non Disclosure Limits on Information Deemed Confidential Term  Remedies in the Event of Breach  Termination
Personal Guaranty and the Credit Application Key Provisions  Spousal Guarantees and ECOA Personal Guaranty and FCRA Privacy Rights and Personal Guaranty

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Credit Application Powerpoint

  • 1. CREDIT APPLICATIONS – FROM THE BASICS TO HOT TOPICS SCOTT E. BLAKELEY, ESQ. BLAKELEY & BLAKELEY LLP 1000 Quail Street, Suite 200 Newport Beach, CA 92660 VOICE: 949/260-0612 FAX: 949/260-0613 Los Angeles Office (Please reply to Newport office) 515 S. Flower Street, 36th Floor Los Angeles, California 90071 [email_address] INTERNET: www.bandblaw.com
  • 2. The Credit Application As Part Of A Credit Policy Reasons For A Credit Policy Credit Department Objectives Factors To Consider Essential Components Of The Credit Policy Types Of Credit Policies Developing Your Policy
  • 3. A Contract With Your Customer Types of Contracts Elements of a Contract The Legal Forms of Businesses Agents and Principals Types of Agency Statute of Frauds Statute of Frauds Signature, Notice and Changing Terms Battle of the Forms (UCC 2-207)
  • 4. Why A Credit Application? Pros Cons Credit Application Checklist Form of Business Credit Extension Applicant’s Certification Applicant’s Authorization Terms and Conditions Signature of Applicant and Creditor
  • 5. The Electronic Signature In Global And National Commerce Act The Writing Requirement: The E-Credit Application The Statute of Frauds Posting forms on web pages for retrieval by customers The Signature Requirement: Electronic, or digital, signatures
  • 6. The Equal Credit Opportunity Act and The Credit Application The credit application should provide for statement of the vendor’s compliance with ECOA Language for Credit Application
  • 7. The Fair Credit Reporting Act and The Credit Application FRCA Authorization Contained in Credit Application A separate form, or addendum to accompany the credit application A credit application that provides general authority for the credit professional to pull a consumer credit report on a corporation’s officers may be insufficient
  • 8. Privacy Rights and the Credit Application California Privacy Law: Model Law Purpose Key Terms Notice Requirement Complying Violation of SB1386
  • 9. Disposing Of The Credit Application Holding Period ECOA Escheatment Litigation Antitrust Privacy Destroying the Credit Application and Information FACT Act
  • 10. The International Credit Application Terms and Conditions
  • 11. Confidentiality Agreement Definition Structure Disclosure/Non Disclosure Limits on Information Deemed Confidential Term Remedies in the Event of Breach Termination
  • 12. Personal Guaranty and the Credit Application Key Provisions Spousal Guarantees and ECOA Personal Guaranty and FCRA Privacy Rights and Personal Guaranty