| Disclosure law | In effect (since December 9, 2022); commercial financing offers of $500,000 or less |
|---|---|
| Covers factoring? | Yes, AR purchases included |
| APR in disclosure? | Yes |
| UCC filing office | California Secretary of State, Uniform Commercial Code section (Sacramento) |
| State agencies pay | 45 days after receipt of a properly submitted, undisputed invoice |
| Late-pay interest (state) | Automatic daily penalty; for FY 2026-27, 16.75% a year for certified small businesses and nonprofits and 4.829% a year for other businesses (set annually by the Department of Finance) |
| Lien deadline (private) | Generally within 90 days after completion of the work of improvement, or 30 days after a recorded notice of completion or cessation |
| Public payment bond | Public works contracts over $25,000 |
Who uses invoice factoring in California?
California has the largest and most varied B2B receivables base in the country. The Ports of Los Angeles, Long Beach and Oakland drive trucking, drayage, customs brokerage and warehousing. Silicon Valley tech companies buy contract engineering, staffing and services. Aerospace and defense work clusters around Edwards Air Force Base, Vandenberg Space Force Base and Southern California primes, and Naval Base San Diego and Camp Pendleton support ship repair and base services. Central Valley agriculture, Hollywood production, large hospital systems and a huge state and local government sector all create slow-paying commercial customers.
Terms vary by sector. Big tech and entertainment buyers often pay on 45 to 90 day terms, and production work is billed by project. Agricultural receivables follow harvest seasons and grower contracts. State agencies must pay undisputed invoices within 45 days under the California Prompt Payment Act, with automatic penalties for late payment. Private construction owners generally must pay within 30 days of a payment request, and late payments carry a 2% per month penalty.
- Industries that factor most: Logistics and port services, Technology services, Aerospace and defense, Agriculture and food processing, Entertainment production, Construction, Healthcare services.
- Metro areas: Los Angeles, San Francisco Bay Area, San Diego, Sacramento, Fresno, Inland Empire.
- Federal installations that buy from local firms: Naval Base San Diego, Marine Corps Base Camp Pendleton, Edwards Air Force Base, Vandenberg Space Force Base, Travis Air Force Base, Fort Irwin.
What does California's commercial financing disclosure law require?
California commercial financing disclosure law, passed as SB 1235 (2018), amended by SB 362 (2025) (Cal. Fin. Code §22800 et seq., with DFPI regulations in Title 10 of the California Code of Regulations), has been in effect since December 9, 2022. It requires covered providers to give a written cost disclosure before a business signs. Scope: commercial financing offers of $500,000 or less.
It reaches accounts receivable purchase transactions, which includes invoice factoring.
The disclosure must include an estimated APR, which makes offers easier to compare with a bank line.
Exemptions: Depository institutions, deals over $500,000, financing secured by real property, certain vehicle dealer financing, and providers that make no more than one deal (or five incidental deals) in 12 months.
Enforcement: The Department of Financial Protection and Innovation (DFPI) enforces, under the California Financing Law for licensees and the California Consumer Financial Protection Law for others.
Since January 1, 2026, SB 362 bars using 'interest' or 'rate' in a misleading way and requires the APR to be stated whenever a price or pricing metric is quoted during the application process. The disclosure duty falls on the provider, not the broker. No separate registration today. AB 2116 (2026) will require California Financing Law licensing for providers and brokers of commercial financing offers of $500,000 or less, including factoring; most provisions take effect January 1, 2028 and the licensing requirement July 1, 2028.
Compare offers side by side in the proposal decoder, and see every state's law in our disclosure law tracker.
How do UCC filings work in California?
Where UCC-1s are filed in California: California Secretary of State, Uniform Commercial Code section (Sacramento). Searches by debtor name, secured party or file number and plain copies are free on bizfile Online without a login; certified searches are ordered on a UCC-11 request, and the office also indexes judgment, attachment and tax liens.
A factor will search that index on your exact legal name before it funds, and will file its own UCC-1 on your accounts receivable at closing. Anyone already claiming your receivables, such as a bank, an SBA lender or a merchant cash advance provider, must release, subordinate or sign an intercreditor agreement first. Search your own name first at the official California UCC search; old filings from paid-off lenders are common and can take a week or more to terminate. More in UCC liens and intercreditor agreements.
How fast do government payers in California pay?
California state agency deadline (Cal. Gov. Code §927 et seq. (California Prompt Payment Act)): 45 days after receipt of a properly submitted, undisputed invoice. Late interest: Automatic daily penalty; for FY 2026-27, 16.75% a year for certified small businesses and nonprofits and 4.829% a year for other businesses (set annually by the Department of Finance). No penalty is paid if it is $10 or less ($100 or less for other businesses). Public construction follows separate rules: Pub. Contract Code §10261.5 requires state progress payments within 30 days, and §7107 requires retention release within 60 days after completion.
Federal agencies follow the Prompt Payment Act: generally 30 days after a proper invoice, with interest at the Treasury rate (4.75% for July 1, 2026 to December 31, 2026) when they pay late. To factor federal invoices, the funder usually needs an assignment of claims acknowledged by the contracting officer, which adds a week or two to setup. See factoring for government contractors and the prompt payment interest calculator.
What do California lien and prompt pay rules mean for construction factoring?
Funders that factor construction receivables check lien and bond rights before they advance on a pay application, because those rights are what get an unpaid sub paid. Described generally:
- Mechanics lien deadline (private work, Cal. Civ. Code §8000 to §9566): Generally within 90 days after completion of the work of improvement, or 30 days after a recorded notice of completion or cessation. To enforce: Within 90 days after recording the lien.
- Preliminary notice: Subs and suppliers must serve a 20-day preliminary notice on the owner, prime contractor and lender within 20 days of first furnishing; a late notice covers only work in the prior 20 days.
- Private prompt pay (Cal. Civ. Code §8800 (owner) and Bus. & Prof. Code §7108.5 (contractor to sub)): owner to contractor: within 30 days after a payment request, unless otherwise agreed in writing; contractor to sub: within 7 days after receiving a progress payment, unless otherwise agreed in writing; late interest: 2% per month penalty on late payments.
- Public projects (Cal. Civ. Code §9550 et seq.): you cannot lien public property, so payment bonds take its place. Bond required: Public works contracts over $25,000. Claim notice: A 20-day preliminary notice generally preserves bond rights; without one, written notice to the surety and principal within 15 days after a recorded notice of completion or 75 days after completion. Suit within 6 months after the stop payment notice period expires.
- Read every lien waiver before you sign it, and ask counsel how a waiver signed before payment affects your rights. More in factoring for construction subcontractors.
What else should a California business know?
- Factoring offers of $500K or less must come with a California disclosure that includes an estimated APR, so you can compare a factoring quote with a bank line on the same basis.
- AB 2116 (2026) brings factoring providers and brokers of deals of $500K or less under California Financing Law licensing, with the licensing requirement starting July 1, 2028.
- On private jobs, California's 2% per month prompt pay penalty and strict 20-day preliminary notice rule both shape how funders value construction receivables.
Questions people ask
Is invoice factoring legal in California?
Yes. Factoring is a sale of business receivables governed by California's version of UCC Article 9, and the funder files a UCC-1 with the Secretary of State. For offers of $500K or less, the provider must give a state-mandated disclosure. Starting in 2028, providers and brokers of those smaller deals will also need a California Financing Law license under AB 2116.
Does California require a disclosure for factoring deals?
Yes, for offers of $500K or less. Under Fin. Code §22800 and DFPI rules in effect since December 9, 2022, factoring providers must disclose the funding amount, total cost and an estimated APR. Since January 1, 2026, SB 362 also requires the APR whenever a price is quoted. Banks and deals over $500K are exempt.
Where do I search for UCC liens in California?
Use the UCC search on the Secretary of State's bizfile Online portal. You can search by debtor name, secured party or file number and print copies free without logging in. Certified searches require an order. The same index shows judgment liens, attachment liens and state and federal tax liens, which all matter to a funder.
Can I factor invoices owed by a California state agency?
Usually yes. State agencies must pay undisputed invoices within 45 days or pay an automatic late penalty, 16.75% a year for certified small businesses in FY 2026-27. That predictability helps advance rates. Expect the funder to confirm the contract allows assignment and to send payment instructions to the agency's accounting office.
How fast can a California business get funded by factoring?
With a clean file (current AR aging, invoices, a clear UCC search and creditworthy customers), first funding commonly takes about one to three weeks, and later invoices usually fund within a day or two of verification. Federal receivables take longer because of the assignment of claims.
Sources
- Morrison Foerster, California expands the California Financing Law to small business commercial financing (AB 2116)
- Buchalter, SB 362 limits on 'rate' and 'interest' for offers of $500,000 or less
- Consumer Financial Services Law Monitor, California final commercial financing disclosure regulations
- Venable LLP, State Commercial Financing Disclosure Laws (March 2026)
- California Department of Finance, Budget Letter 26-09, late payment penalty rates
- California Secretary of State, UCC records
- Levelset, California prompt payment FAQs
- Levelset, California mechanics lien FAQs
- Levelset, California bond claim FAQs
General information, not legal advice. Statutes and deadlines change and have exceptions; check the source or ask counsel before relying on one. Spot an error? Tell us and we will fix it.