Partnership and Investments

Investments

Investments may also involve ribbis even in the absence of a “loan.” Whenever the recipient guarantees principal, even if the investment suffers a loss, the investment is halachically a loan and prohibited. This is true even though the recipient does not guarantee any profits. This is a very common occurrence when the managing partner guarantees even part of the principal. 

Peer-To-Peer Lending

Peer-to-peer finance, also called Marketplace lending, has been all the rage over the past few years and is at the forefront of the new Fintech. Investment in the space has skyrocketed as its proponents tout it as the future of finance. It certainly does have its appeals. For a borrower, it offers fast access to loans at lower cost than their available alternatives. For the individual investor, it gives them the potential to earn a significantly higher return than what banks or high quality fixed income instruments offer. The peer finance company itself earns a fee on every loan that it brokers and services, which is a clear incentive to increase the volume of loans.
Of course, in finance, there is no such thing as a free lunch. The model is predicated on the assumption that traditional underwriting standards can be replaced with algorithms, and that the elevated default risk can be diversified away by spreading the investment across large numbers of loans. These premises remain largely untested, and in fact have begun to exhibit strains of late. Various regulatory risks have also shed some uncertainty on the sector. Nevertheless, it is safe to assume that in some form or another, peer to peer finance is here to stay .Read More

Corporations

Some poskim (Igros Moshe Y.D. II:63, Meharshag Y.D. 5) rule that Ribbis does not apply when lending to a corporation (when the owner is not personally liable). Other authorities disagree and contend that a corporation is a partnership of the various owners or shareholders, who are the borrowers. Many acknowledge, though, that the prohibition of taking interest from a corporation is rabbinic (Minchas Yitzchak 3:1, 4:16, Minchas Yitzchok 28, Bris Yehuda 7:[66]).

This leniency applies only if the borrower did not sign a note, thereby accepting personal liability for this loan.

All authorities agree that a Jewish-owned corporation may not charge an individual interest.

Merchant Cash Advance

Submitted by the Beis Hora'ah

MCA is a purchase and sale of future receivables, known as Merchant Cash Advance (MCA). The sale involves an investor buying future receivables in a merchant’s company.

The reason the deal involves purchasing future receivables rather than giving a loan is that usury laws prohibit charging 50-percent interest for a four-month loan.

Q: Is it permitted to give a cash advance to a Jewish merchant with or without a heter iska?
A: If someone owes Reuven $1,000, Reuven may sell that debt to Shimon for a discount, for example, for $950. Even though Shimon pays $950 and collects from the debtor $1,000, the transaction does not violate the prohibition of ribbis. However, the sale of a debt is allowed only if the debt is properly sold (Y.D. 173:4).

Most Poskim maintain that when selling debt, it is necessary to perform a kinyan that obligates the debtor to pay the “buyer,” in order to prevent the sale from being categorized as a loan (Shach, Y.D. 173:8; cf. Chavas Daas 173:4, 11).

Practically speaking, performing the necessary kinyanim described by Halachah to sell a loan is difficult in many cases: documenting the transfer with proper legal language and delivering the original loan document to the buyer (kesivah u’mesirah; C.M. 66), or transferring it in the presence of all three parties (maamad sheloshtan; C.M. 126). It is, however, possible to use a kinyan situmta — any type of kinyan that common business practice considers binding (She’eilas Yaavetz 39; Pischei Choshen Halvaah 10:[19], cf. Nesivos 201:1). Read More