A: One of the main reasons
we collect this, the issuance fee is a catalyst that assists in
weeding out the performers from non performers. Historically
there is a strong correlation between clients who cannot pay for
the issuance fees and clients who default on either return of
the collateral to us, payment of the IPIs, or the loan which they
are securing using the collateral we provide as default collateral.
On top of the fact we are using it to divert those who plan to
run with collateral, we also
Debit a credit line, taking that
cash to create the respective instrument, and finally register
the ISIN and CUSIP numbers with DTC/Euroclear where it can be
viewed, confirmed, the block and delivery requested on a bank
to bank basis.
Q:
How is a loaned instrument different than a leased instrument?
A:
Proof of Funds, LLC loans Bank Debt Instruments that are all callable,
lienable, transferable and assignable, which means that can be
used as default collateral to support a loan, a credit line, or
transaction. The collateral is bank debt instruments that are
issued in the clients name for their unrestricted use for the
term that the client loans the collateral from POFLLC without
a bank undertaking for the return of the collateral or the balance
of the fees paid for the use of the collateral. Leased
instruments can not typically be used as default collateral, with
or without a bank undertaking. Proof of Funds, LLC does not lease
bank debt instruments.
Q:
How am I, the client protected against the loss of the initial
4.25% which I put through escrow for the issuance of the CD, SBLC,
BG or DPLC?
A:
Through the use of an escrow agreement in conjunction with an
escrow attorney and in the Agreement for Obtaining the financial
instrument (section 5) if Proof of Funds, LLC et al or assigns
does not have the financial instrument posted to DTC/Euroclear
within 15 international banking days of the receipt of the hard
posted funds through escrow, the client will receive the full
4.25% back to which ever coordinates they had come from originally,
this amount will include the $2,500 engagement fee.
Q:
What can these bank debt instruments be used for?
A:
We issue & deliver bank debt instruments which can be used
as default collateral to support credit lines, loans and transactions.
For example a real estate acquisition or development may require
some additional collateral for the loan or you may take the collateral
and get a line of credit against this, using the cash for some
type of investment vehicle. Essentially the instrument
can be used for any reason why a group or company may need a cash
infusion to include but not limited to large real estate acquisition,
real estate development, condo development, hotel development,
water park or theme park development, sport team acquisition,
credit enhancement....
Q:
Does Proof of Funds, LLC offer monetizing services or provide
liquidity against the collateral they issue?
A:
No Proof of Funds, LLC does not monetize or provide lines of credit
or liquidity against the collateral we issue. We only issue collateral;
The primary reason behind this is client's may or may not
have a strong project or executive summary for this project with
exit strategies to return the collateral or capacity to pay back
the loans for which the collateral Proof of Funds, LLC provided
was used as default collateral. Banks, Trusts & Private
Equity Groups may lend against this collateral, when this happens,
the due diligence and project feasibility is underwritten by the
banks or investment groups who intend to lend against the collateral
on the clients behalf.
Q:
How do I know if my current bank will lend against this collateral?
A: You will need to speak with
a banker who understands and has capacity to lend on structured
products and bank debt instruments. Many clients take this
concept to their retail banker who very typically has no experience
in this arena. It is advised a client may request to speak
with their banks global custody department or wealth management
department. European banks typically are accustomed to this
type of collateral lending.
Q: Can Proof
of Funds, LLC recommend a bank or banker to lend against the collateral
you issue?
A: Legally, No. Proof
of Funds, LLC along with our strategic partners in collateral
provision merely provide collateral, for liability reasons we
cannot make introductions for clients with banks we are closely
working with which may jeopardize the said relationships.
Typically the client comes to Proof of Funds, LLC with a banker
and transaction already in place, they merely need collateral
to extend or increase this loan size, credit line, or other credit
facility.
Q: What are
Proof of Funds, LLC's thresholds for minimum and maximum amounts
for instruments which they will issue?
A: Proof of Funds, LLC issues
bank debt instruments such as Certificates of Deposit, Standby
Letters of Credit, Bank Guarantees and Direct Pay Letters of Credit
starting at a denomination of Ten Million ("10,000,000.00)
US($) or EURO() up through
Five Hundred Million ("500,000,000.00)
US($) or EURO().
We can also entertain
larger transactions which will be done in smaller parts. For example
a 1 Billion US($) or EURO() transaction would be completed with
the issuance of two 500 Million US($) or EURO() instruments.
(2 x 500M or $).
Q: Can I
put the full fee into escrow for the use of the instrument and
go straight to delivery?
A:
Yes, Proof of Funds, LLC has many clients who have put up the
20% for a 12 Month Certificate of Deposit loan and we follow standard
procedures for issuance of the instrument, but since the client
has the all of the money in escrow for the full use of the collateral
for the loan term, we do not need to create irrevocable payment
instructions (Annex C of Agreement for Obtaining a Financial
Instrument). We can thus go straight to delivery from
DTC/EUROCLEAR to the client's bank.
Q:
Can I get a list of references for clients whom Proof of Funds,
LLC has issued instruments?
A:
Yes, contact your Agent.
We will be happy to provide references whom you may contact at
your discretion.
Q:
Can I talk with a banker at the issuing bank to confirm the instrument?
A:
No, a client or banker will not speak to a bank officer to view,
confirm, request the block or delivery of the instrument.
Everything has to be done within the banking system. The
system that is used to view, confirm, request the block and delivery
of the instruments is DTC/Euroclear Grey Screen. It's
important this occurs in the banking system where everything is
traceable, trackable, and can be done with full banking authority
and is auditable. This alleviates fraud, misappropriation
and hypothecation of instruments by anyone else and keeps the
instrument safe for who the instrument belongs to for the duration
of the loan, our client. However, once the bank confirms there
is a banker on the beneficiaries end of the terminal, a banker
can request a call in the system.
Q:
What can I do in the event I do not have access to a banker with
high level inter-bank "grey screen" access, can I still
get an instrument?
A:
Yes, the
Collateral First via MT760 SWIFT Procedure
this
procedure is an effective means of taking delivery of the instrument
in the event your banker does not have high level access to the
inter-bank "grey screen" to enable him/her to view,
confirm, request the blockade and delivery of the instruments.