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Financial Safe Keeping




The key element of this Mynizaga program is the requirement that to qualify for a loan, 25 or 33% of the total budget must already be in place. It is the existence of the borrower's project, coupled with those initial funds already being pledged to the project, that makes the multiple that we lend to them possible.


The only requirement of those initial funds is that they remain completely idle throughout the loan term, so that they may be accurately positioned as the project's "loan loss reserve". They are returned or released at the loan terms end. If they were to become otherwise encumbered or depleted in any way, it would violate compliance requirements and cause the loan to collapse. As a result, to ensure compliance with all banking regulations as well as similar requirements from our insurance partners, there are specific methods and oversight required to guarantee that those funds will remain idle throughout the loan term.


There are three approved methods (listed below) for this assurance currently available. All three of these methods have been designed to specifically ensure our clients/borrowers that their funds are always fully guaranteed and secure.



Method 1: Lawyer IOLTA Account



THE BORROWER'S INITIAL FUNDS AMOUNT TO $10M USD/EUROS OR MORE
If the borrower's 25-33% amount to $10M USD/Euros or greater, when we reach the stage of the loan process where the initial funds must be positioned, the borrower and their team will be introduced to our closing attorney based in Athens, Georgia.


The set aside deposit is placed into the the Mynizaga SPV's lawyers IOLTA Trust Account (Interest on Lawyers Trust Account). It is always in a non-depleting status. It is returned to whom it was received from, at the loan terms end once the loan is paid in full. For AML (Anti Money Laundering) laws, the Mynizaga SPV is always required to send the funds back, even in bankruptcy, to the party who sent it to the Mynizaga lawyer.


The Mynizaga SPV lawyer may ask, in writing, to move the funds to a fully regulated open ended mutual fund, Again, in a non-depleting status. This would possibly be requested for deposits under 100M so that we can bolster, with our own assets, the return allowing us to push out the loan proceeds quicker than the typical 12 monthly distributions. The most recent regulations now allow us to simply have the funds sit idly in the IOLTA account for the duration of the loan while earning 5% annually paid out monthly. Our lawyer's IOLTA account is in Bank of America.


Once all the borrower's questions are sufficiently answered the process can begin. . The set aside funds can be redeemed at any time, with 60 days written notice. However, if the funds are recalled prior to the loan being repaid, it will collapse the loan and result in its immediate call.




Method 2: own Bank



THE BORROWERS “INITIAL FUNDS” AMOUNT TO $100M USD/EUROS OR MORE CLIENT PREFERS FUNDS TO REMAIN IN THEIR OWN BANK.

If the borrower's 25 or 33% amount to $100M USD/Euros or greater, and they bank at a “Top 20” bank in an acceptable jurisdiction, their initial funds may be allowed to remain in their own bank account, under their control. This account must be set up in a way that still allows the loan multiples to be processed correctly. This would be accomplished by the borrower creating a brand new SPV that will never do anything but own that bank account and house the Borrower's Project.
Then our bankers would work with the borrower's bankers to "hold" or "block" the account so that no encumbrance or withdrawal/movement of funds could ever be possible, in a manner that works for both banks. Once the borrower's banker is satisfied that the funds are secured, one of our banking compliance officers would be added to the account as a signatory to have full access to the account to monitor it at their discretion.
The borrower will have the assurance of their own banker that the account hold or block would prevent any signatory from moving or encumbering funds if you bank has the ability to add multiple signatories to your account, you are also able to make it so that no single signatory would ever have the ability to act alone









Method 3: SBLC or Bank Guarantee



SBLC or BANK GUARANTEE – MINIMUM $25 USD/EUROS or GREATER (initial funds remain in borrower's bank account, and a SBLC or BG is issued by their bank)
Utilizing this process we can ONLY work with Top Tier Banks in highly stable banking jurisdictions.

Under this method the borrower's capital will remain in their bank account, and that bank would issue to the our assigned bank a “banking instrument” such as a “SBLC” (Standby Letter of Credit) or a “BG” (Bank Guarantee). Keep in mind that the issuing bank will charge fees (often substantial ones) to create, issue, and eventually recall and liquidate this instrument, and those costs will be fully the responsibility of the borrower. Both banks (issuing and receiving) will set up the transaction in a way that the SBLC/BG will be held by the receiving bank until the loan is repaid in full at the end of the term, it will be returned in full value and without encumbrance. This will likely require the Borrower to obtain extensions on the SBLC






























EMAIL US: info@mynizaga.com

Mynizaga Consulting, LLC,
D.B.A. Mynizaga
Dawsonville, GA 30534
United States
+706-525-5155