Does Georgia require MCA providers to disclose the cost before you sign?

Yes, since January 1, 2024. Georgia's Commercial Finance Disclosure Law (SB 90, signed May 1, 2023) requires MCA providers conducting more than five Georgia transactions per year to give you a written disclosure before the deal is finalized for any commercial financing of $500,000 or less. The required disclosures include total funds provided, total funds disbursed, total amount to be repaid, total dollar cost, and the payment schedule. Unlike California (SB 1235) and New York (S5470B), Georgia's law does not require an estimated APR figure — you have to calculate that yourself, or use the MCA cost calculator at /calculator.

Are merchant cash advances legal in Georgia?

Yes. Merchant cash advances are legal in Georgia and are structured as a purchase of your future receivables rather than a loan — which is why they generally fall outside Georgia's commercial usury statutes. SB 90 is a disclosure-and-conduct law, not a licensing regime; there is no MCA-specific license requirement in Georgia. The underlying contract remains the primary legal document binding you to repayment terms.

Can a Georgia MCA company use a confession of judgment against my business?

Potentially yes. Georgia law (O.C.G.A. § 9-12-16) permits confessions of judgment on commercial instruments when the debtor has consented. Most MCA contracts are governed by out-of-state law (New York, Utah, or New Jersey) and include a COJ clause. If a judgment is validly entered in another state, Georgia courts can be asked to recognize it under full faith and credit principles. New York banned out-of-state COJs in 2019, which limits some exposure if the contract uses New York law — but not all MCA contracts use New York law. Any contract with a COJ clause should be reviewed by a Georgia business attorney before you sign.

How much does a merchant cash advance cost for a Georgia business?

Cost is expressed as a factor rate, typically between 1.1 and 1.5. A $50,000 advance at a 1.35 factor means you repay $67,500 — $17,500 in cost. Because repayment happens through a daily holdback over 4–9 months, the effective APR commonly runs between 60% and 200%+. SB 90 requires providers to disclose the total dollar cost in writing before you sign — but, unlike California's and New York's laws, it does not require an APR figure, so you have to calculate that yourself. Use the MCA cost calculator at /calculator to compare offers on an annualized basis.

What are the best alternatives to an MCA for a Georgia small business?

SBA 7(a) loans are far cheaper at 9.75–13.25% APR and available through dozens of Georgia lenders. The Georgia Small Business Development Center (SBDC) at UGA provides free loan-readiness consulting at 15+ locations statewide. The Georgia Access to Capital Collaborative (GACC) connects minority- and women-owned businesses with CDFI lenders at below-market rates. Business lines of credit from Bluevine or Fundbox fund in days at a fraction of MCA cost. Invoice factoring works well for Georgia construction, logistics, and B2B firms waiting on slow-paying clients.

Georgia Merchant Cash Advance Guide 2026: SB 90 Disclosure Law, Costs & Funding

Georgia is one of the fastest-growing states in the country for small business, and the MCA market here has grown with it. According to SBA Office of Advocacy estimates, roughly 1.2 million small businesses operate in Georgia — 99.4% of all businesses in the state, employing about 1.4 million people. Metro Atlanta alone adds thousands of new businesses every year across logistics, film production, healthcare, restaurants, and construction.

Since January 2024, Georgia businesses have new legal protections when negotiating MCAs. This guide covers exactly what changed, what the law requires, what it leaves out, and how to use Georgia’s protections to make a smarter funding decision.

MCA Guide is an independent matching service — we don’t fund deals, set rates, or guarantee approval.

What Changed in Georgia: SB 90 (Effective January 1, 2024)

Georgia is no longer an “anything goes” state for MCA disclosures. Governor Brian Kemp signed Senate Bill 90 on May 1, 2023, creating Georgia’s Commercial Finance Disclosure Law. Mandatory compliance took effect January 1, 2024.

The law applies to any MCA provider (and commercial lender) that consummates more than five commercial financing transactions in Georgia per year, for deals of $500,000 or less. Before the transaction closes, that provider must give you a written disclosure including:

The total amount of funding provided
The total funds actually disbursed to you (if different — net of fees held back at closing)
The total amount you will repay to the provider
The total dollar cost of the financing
The payment amount, manner, and frequency (or, for variable payments, the initial payment and the formula)
Any costs or discounts associated with prepayment

The critical gap: no APR required. Unlike California’s SB 1235 and New York’s S5470B — which both mandate an estimated annualized rate — Georgia’s SB 90 only requires dollar-cost disclosure. You get the total repayment amount and total cost in writing, but no mandated APR figure. That means you still have to do the annualized-cost math yourself to compare an MCA against a business loan, line of credit, or another MCA offer on equal footing. The MCA cost calculator at /calculator takes factor rate and term and outputs an estimated APR.

Enforcement. The Georgia Attorney General has exclusive authority to enforce SB 90. There is no private right of action — you cannot sue a provider for failing to comply. Penalties run $500 per violation, capped at $20,000 for the same set of documents, and $1,000 per violation, capped at $50,000 for repeat violations after notice. Violations do not void the financing agreement, meaning a provider who skips the disclosure can still hold you to the contract.

What this means practically. Before you sign any Georgia MCA agreement:

Demand the total dollar cost and total repayment amount in writing. You are legally entitled to this for any SB 90-covered deal.
Use the /calculator to convert those figures into an estimated APR for comparison.
If a provider won’t give you a written cost disclosure, that’s a disqualifying red flag — regardless of what the law requires.

When an MCA Makes Sense for Georgia Industries

Georgia’s economy is built on industries with variable, cash-flow-intensive operations — the exact profile that drives MCA demand.

Restaurants and hospitality. Atlanta has one of the most dynamic restaurant scenes in the Southeast, and the state’s hospitality sector spans coastal tourism in Savannah and resort destinations across North Georgia. A restaurant replacing a failed kitchen line, stocking up for a major event season, or bridging a gap between catering deposits and expenses often can’t wait 45 days for a bank. MCAs fund in 24–72 hours.

Construction and contracting. Metro Atlanta’s growth has been relentless — residential, commercial, and infrastructure. Georgia contractors regularly sit on signed contracts but wait weeks for draws from general contractors or large developers. An MCA against current revenue can cover payroll and materials while the GC’s check clears.

Logistics and transportation. Hartsfield-Jackson Atlanta International Airport is the world’s busiest, and the Port of Savannah is one of the fastest-growing container ports in the US. Georgia freight brokers, trucking fleets, and last-mile delivery companies often face lumpy cash flow — fuel and maintenance costs due now, receivables coming in later.

Healthcare practices. Georgia’s healthcare sector — anchored by Emory, Northside Hospital, WellStar, and Piedmont — feeds a large ecosystem of independent practices and specialty clinics that often wait 60–90 days for insurance reimbursements. An MCA can bridge that gap for practices with strong billing history.

An MCA is the wrong tool for long-term borrowing, real estate, or refinancing existing debt. The speed comes at a real cost, and stacking a second advance on top of a first is how Georgia businesses end up with unsustainable holdbacks.

What an MCA Actually Costs in Georgia

An MCA is priced with a factor rate, typically 1.1 to 1.5. Multiply the advance amount by the factor to get your total repayment:

$30,000 advance × 1.30 factor = $39,000 total repayment ($9,000 cost)
$75,000 advance × 1.40 factor = $105,000 total repayment ($30,000 cost)

Repayment comes out as a holdback — a fixed daily or weekly debit, or a percentage of daily card and bank deposits — over roughly 4 to 12 months. Because the money goes back fast, the effective APR is high: commonly 60% to 200%+. Georgia’s SB 90 forces providers to put the total dollar cost into writing before you sign, but it doesn’t give you an APR — so you need to run that calculation yourself.

For the full cost methodology, see how much an MCA costs and APR vs. factor rate explained.

Qualifying as a Georgia Business

MCA underwriting focuses on revenue consistency, not credit score. Typical minimums:

Monthly revenue: $10,000+ in gross deposits (some providers go as low as $5,000)
Time in business: 3 months minimum; 6+ months preferred
Credit score: many providers fund at FICO 500–550; strong revenue consistently offsets weak credit
Bank statements: 3–6 months of business bank account history
Personal guarantee: expected from any owner with 20%+ equity

For the full rundown, see how to qualify for an MCA. If credit is the concern, getting an MCA with bad credit covers which providers work in the 500–580 range.

Georgia-Specific Legal Risks to Understand

Confession of judgment (COJ). Georgia law permits confessions of judgment in commercial agreements when the debtor has consented. Most MCA contracts are governed by out-of-state law (New York, Utah, or New Jersey) and include a COJ clause as boilerplate. Out-of-state judgments can be domesticated in Georgia under federal full faith and credit principles. New York’s 2019 ban on COJs for out-of-state borrowers offers some protection when the contract uses New York law — but many don’t. Any contract with a COJ clause should be reviewed by a Georgia attorney before signing. For more, see MCA personal guarantee and what you sign.

UCC-1 lien. Virtually all MCA providers file a UCC-1 financing statement with the Georgia Secretary of State. This gives the funder a security interest in your receivables — and often a blanket lien on all business assets. A blanket lien limits your ability to get additional financing. Before accepting any deal, confirm whether the lien is limited to receivables (specific) or covers all business assets (blanket).

Georgia homestead exemption. If an MCA funder obtains a judgment and pursues personal assets, Georgia’s homestead exemption protects $21,500 in home equity (or $43,000 for a married couple filing jointly) from execution. This is substantially lower than Florida’s unlimited homestead or Texas’s unlimited exemption — meaning Georgia business owners face more personal asset exposure after a default judgment.

SB 90 enforcement gap. As noted above, SB 90 has no private right of action. A provider who fails to deliver the required written disclosure cannot be sued by you directly — only the AG can enforce the law. This means the law’s protection depends on whether you received the disclosure and read it, not on post-signing remedies.

How to Vet a Georgia MCA Provider

Demand the SB 90 written disclosure before signing. You’re legally entitled to total dollar cost, total repayment amount, and payment schedule. No written disclosure = walk away.
Convert the disclosed cost to an APR. SB 90 won’t do this for you — use the MCA calculator at /calculator so you can compare offers on equal footing.
Read the governing-law and COJ clause. If the contract picks out-of-state law plus a COJ, get it reviewed.
Confirm a reconciliation clause. A legitimate MCA should allow a downward adjustment of the daily holdback when your revenue falls. Fixed daily debits with no reconciliation are a red flag.
Watch for stacking. Two simultaneous holdbacks — often 20%+ of daily revenue combined — is how Georgia businesses default. Refuse any offer from a provider pushing a second advance before the first is repaid.
Verify the broker. Any third party who introduced you to the funder should not be collecting large upfront fees before a deal closes.

A full provider-vetting checklist is in how to choose an MCA provider.

Legit Alternatives Georgia Businesses Should Compare First

SBA 7(a) loans — the Atlanta SBA district office covers all of Georgia and processes thousands of 7(a) and 504 loans annually. Current rates: 9.75–13.25% APR (Prime + 3–6.5%, size-tiered). Worth the 45–75-day wait for anything over $50,000 that isn’t a genuine emergency.
Georgia SBDC (Small Business Development Center) — part of the University of Georgia system, with offices in Atlanta, Savannah, Augusta, Columbus, Macon, Athens, and 10+ additional locations statewide. Free loan-readiness consulting and financial analysis — no charge. A SBDC advisor often finds options you haven’t considered.
Georgia Access to Capital Collaborative (GACC) — connects minority- and women-owned Georgia businesses with CDFI lenders at below-market rates. Meaningful for businesses that don’t qualify for conventional bank credit.
Business line of credit — revolving access, you only pay interest on what you draw. Online lenders like Bluevine and Fundbox fund in days at a fraction of MCA cost for businesses with 600+ FICO and $50K+ annual revenue.
Invoice factoring — if your Georgia construction company, logistics firm, or B2B services business has outstanding invoices, factoring advances 70–90% of their value in 1–3 days without the MCA cost structure. See MCA vs. invoice factoring.
Equipment financing — for specific asset purchases (truck, commercial kitchen, machinery), equipment financing uses the asset as collateral and typically runs 6–25% APR. Almost always cheaper than an MCA.

A side-by-side of the realistic options is in alternative small business funding options.

The Bottom Line for Georgia Business Owners

Georgia’s SB 90 gives you a meaningful new right — a written disclosure of total dollar cost and total repayment amount before you sign. Use it. Read the disclosure, verify the numbers match the contract, and use the /calculator to convert total cost to an estimated APR so you can compare offers honestly.

What SB 90 doesn’t give you: an APR figure, a private right of action, or any cap on factor rates. The disclosure is a floor, not a complete protection — the due diligence work is still yours.

When an MCA is the right tool — a genuine short-term need, steady revenue to support the holdback, and no cheaper option that can move fast enough — Georgia businesses have access to all 24 providers in the directory. Get multiple offers, compare the total repayment amount the SB 90 disclosure requires, and confirm you can sustain the daily holdback before signing.

You can get matched with MCA providers for free at /apply. MCA Guide is an independent matching service — no lending, no rate-setting, no obligation.