In our blog post of April 13 we described how our process had been updated so that each of our clients's initial 20% funds would be held with a regulated investment bank, in the bank's primary account (which is housed at the US Federal Reserve Bank). The plan at that time was that the borrower's 20% funds would be wired to the investment bank's account. Borrowers had complete security of their money by having it held by a FINCEN regulated bank. However, it remained a fact that their funds were being held by a 3rd party.

We have now made another significant advancement to our process to offer the Borrower an even higher level of security, where THEY (the Borrower) never relinquish control of their funds.

Upon reaching the point in the loan setup process where the Borrower must position their 20% funds to begin the final compliance approval process, they are no longer required to move their money to the control of a 3rd party. At that point in the process, we (FilmCabbage) will make arrangements for the investment Bank to reach out directly to the Borrower. The bank will onboard the Borrower as a client, and set them up with THEIR OWN ACCOUNT with the investment bank. That way, when their 20% initial funds move (as required) to that bank, it will be in the Borrower's OWN ACCOUNT. The Borrower will have full access to this account online so they can see their funds and have access to them at any and all times. If the Borrower decides to withdraw from the loan process, they themselves make the arrangements with the bank to wire it back to their original account. The Borrower always has complete control.

This is a significant improvement to the "comfort level" for our borrowers, as they now deal directly with the bank and never move their money to a 3rd party. Their funds are always in their own account, and they retain complete control of them at all times. The Borrower will still be required sign a "Deposit Agreement" with FilmCabbage (where they agree to the required terms of keeping their funds undepleted and unencumbered through the appropriate length of time), but FilmCabbage will have no involvement with their funds. It will be handled only between the Borrower and the Investment Bank.

Our process remains fluid, as we are always making small changes to improve the process for both us and for our Borrowers. And now, no matter the size of the project the Borrower always has total control of their own initial funds, so there can be no question about the complete safety and security of those monies.

2020 and into 2021 has presented major challenges for most businesses, FilmCabbage included. Our regular 4-1 program went on hold for a time in 2020 (in that we weren't taking any new applications) as many of our required banking processes were seriously affected by COVID-related issues: even today some of those banking processes experience delays.

The advantage to having this downtime has been the continuing evolution of our lending programs. We introduced our Asset Backed Line of Credit program last May, followed in the late summer by the SBLC 100% Funding program. We have also continued to improve the 4-1 Lending Program, now to the point where the security behind all client-related funds is as iron-clad as we can make it.

For clients seeking a $40M+ loan (so their initial funds ready to deploy into the program would be $10M or more) we've made it possible for clients to keep their funds in their own bank accounts, if the accounts are set up in the appropriate way. Additionally, for clients whose initial funds are less than $10M we have changed that process in such a way as to offer them the best possible security.

Previously we had those deposits going into Law Firm escrow accounts, secondarily secured by SKRs (safekeeping receipts) backed by our gold holdings with Brinks and G4S. We experienced a few logistical issues with that across 2020 and as a result have an even more secure method in place moving forward. Rather than law firm escrows, client funds are now held in the safekeeping account of a US-based investment bank, fully regulated as a bank by the BSA (Bank Secrecy Act), AML (anti money laundering) protocols and Fincen (Financial Crimes Enforcement Network). This bank acts as the safekeeping agent, and houses these deposits in their account with the Federal Reserve Bank in Kansas City. The investment bank provides to the depositor a letter confirming that they will hold the funds per the deposit agreement (that the client has signed with FilmCabbage), assuring the client that those funds can ONLY be moved back to the account they were wired in from, and confirming the terms in which the deposit will be returned.

Our program continues to evolve, both for the security of our clients but also to provide better security for FilmCabbage, all of which leads to much easier and simpler client relationships and facilitation of projects.

In our continuing efforts to continually improve our lending program, FilmCabbage is excited to announce an update to our process for clients participating in our 4-1 Lending Program. This is our program where, if you have already raised at least 20% of the funds needed to finance your project, we can lend you the remaining 80% to complete it.

Previously, your project's initial funds could be brought into the program in two ways - via a deposit into escrow with our appointed law firm, or (if the funds were substantial enough) by issuing an appropriate bank instrument (SBLC or Bank Guarantee) from a top tier bank. Those initial funds (or bank instruments) would be held through the drawdown of our loan funds before being released back to the account of origin once the loan was fully disbursed. Our new process, effective immediately, is quicker, more streamlined and always leaves you (the borrower) in possession and in total control of your own initial capital.

** Please note - the process outlined below is for deals where the client's initial funds amount to $10M USD or more.

Rather than move your initial funds out of your control and into a lawyer's escrow, you (the borrower) will instead simply leave your funds in your own bank account (as long as it is an appropriate top-tier bank in an acceptable banking jurisdiction). If you require assistance to set up such an account, our banking compliance people can help you. You would now simply need to leave your initial funds in that account, completely undepleted and unencumbered, throughout the banking compliance period and until our loan funds are fully disbursed (usually across 9-10 monthly tranches).

You always maintain full, unconditional control of your funds, in your own bank account. The only requirement is that one of our banking compliance officers will need to be added to the account, in a read only capacity. This is required so that when we submit the file to the banking compliance process it will show our compliance officer as being named on the account, and it also provides that officer access to confirm the contents of the account at their discretion. It is important to note that our officer will never have any control of the account or the contents. They will only be able to view.

In some banking jurisdictions this is very simple, as they allow “read only access” to client bank accounts. In other jurisdictions it is a bit more of a process, as they do not allow that type of addition and our banking officer would need to be added as a “signatory”. You keep the same level of security though, as in those cases you will have your bank change account accesses so that any movement of funds require multiple signatories. This ensures that our officer can never have any ability to cause the movement of funds. This is a fairly straightforward change/setup, and your own banker will confirm the security of the account and the contents.

Please note. The client's initial funds must remain undepleted and unencumbered throughout the full compliance and drawdown periods. If any funds are moved out of the account or used to collateralize any other deal or bank instrument during that time, it will cause an immediate Event of Default and result in the termination of the loan and repayment will immediately be due. Upon issuance of the last tranche of our loan (so that all loan funds are fully disbursed) your initial funds are again fully available to be used to complete the project, or dispositioned as required by the client.

Loans where the initial funds (the client's 20%) are less than $10M will still need to be placed into a lawyer's escrow, under full escrow agreements and covered by the law firm's escrow insurance. However if smaller deals would like to take advantage of the $10M+ ability to leave funds in their own account, we recommend working with other filmmakers to pool projects into a slate so that their cumulative initial funds are in excess of $10M. They can create a common account with all of their initial amounts in it, and if they are $10M+ the funds remain in that account to generate all of the loans for the various projects. FilmCabbage is able to set up each project's loan separately (even though their funds are pooled in a common account) so that each project remains separately collateralized and projects that make money are not obligated to use their profits to make up for any projects that lose money.

Any questions? We are happy to provide more details, just click the “Contact Us” link above.