Dealers must verify the existence of the business by obtaining and reviewing the following information by type of business entity prior to submitting the credit application to TFS:
Sole Proprietorship
A sole proprietorship is set up to allow an individual to own and operate a business by him/herself.
A sole proprietor has total control, receives all profits from and is responsible for taxes and liabilities of the business.
In most States they have no filing with the Secretary of State (SOS), but usually have a Fictitious Name Filing with the County
(commonly referred to as a "dba"). Searches for Fictitious Name/dba filings are available on most County web-sites. Since sole
proprietorships have unregistered trade names without any formal form of an organization, Business Solutions credit applications
will be reviewed and analyzed according to the credit status of the individual.
Verification:
Documentation:
Corporation
A corporation chartered by the state in which it is headquartered is considered by law to be a unique entity, separate and apart from those who own it.
A corporation can be taxed, it can be sued, and it can enter into contractual agreements. The owners of a corporation are its shareholders, officers and director(s).
Officers and the Director(s) are listed on the Articles of Incorporation (or supporting documents).
Verification:
Copy of articles of Incorporation (or verification of active name from SOS). It is imperative that the name of the Corporation as stated
on the credit application be verified and that the name of the entity on the retail contract or lease agreement be identical (including capitalization and punctuation)
to the name shown on the Secretary of State's records.
Documentation:
General Partnerships
In a Partnership, two or more people share ownership of a single business. Like proprietorships, the law does not distinguish between the business
and its owners. The partners should have a legal agreement that sets forth how decisions will be made. General Partnership statements are not always filed with the Secretary of State's
Office, so the Partnership Agreement needs to be obtained to verify the legal name and officers.
Verification:
Documentation:
Limited Partnerships
Most of the partners have limited liability (to the extent of their investments)
as well as limited input regarding management decisions. In CA (and other states), Limited liability partnerships may only be
formed by licensed persons for the practices of public accountancy, law or architecture. Limited Partnerships are required to
register with the SOS (in most states).
Verification:
Documentation:
Limited Liability Company
The LLC is a relatively new type of hybrid business structure that is now permissible
in most states. It is designed to provide the limited liability features of a corporation and the tax efficiencies and operational
flexibility of a partnership. The owners are members, and the duration of the LLC is usually determined when the organization
papers are filed.
Verification:
Copy of Articles of Organization (or verification of active name from SOS). It is imperative that the
name of the LLC as stated on the credit application be verified and that the name of the entity on the retail contract or lease
agreement be identical (including capitalization and punctuation) to the name shown on the Secretary of State's records.
Documentation:
** The business entity descriptions contained herein are intended to provide high-level overviews and are not necessarily complete legal definitions for each entity for every state. Since each state has its own laws on business organizations, you should refer to that state's information for specific definitions and descriptions.
Financial Documentation
The credit decisioning process can be more complex for business requesting a VCL than
individual consumer applications, so please allow for additional approval time. However, once approved by TFS, the VCL is good for
12 months and will help streamline the credit review process and acquisition of future vehicles.
For VCL requests from $100k-$500k, your DSSO may require additional financial information from you and your business customer. Sometimes, a personal guarantor is required.
For VCL requests over $500k, your DSSO may typically require audited Financial Statements (balance sheet, income statement, and cash flow statement) for the 2 previous fiscal years.* Sometimes, a personal guarantor is required.
*based on financial statements, additional questions may be asked and additional information may be requested
Credit Application Submission Process:
Credit Documentation Requirements: