“Ethics is knowing the difference between what you have a right to do and what is right to do.” (Potter Stewart)
There are many ways to conduct business. Some make more money than others, but that should not be your only goal. You need to remain in business. As Warren Buffet says “It takes 20 years to build a reputation and five minutes to ruin it. If you think about that, you’ll do things differently.”
Here are some of the more important rules, at least from my perspective, that you should abide by if you want to succeed and stay successful in the commercial finance industry.
- Treat people the way you want to be treated, in business, and otherwise. (sound familiar?)
- If you are a broker, disclose everything you know about a transaction to your funder, and everything you are legally required to disclose to your client. Adhere to the state licensing and disclosure laws.
- Never circumvent a broker, whether you’re a funder or a borrower/lessee. It may or may not be specifically prohibited by your contract, but it is still illegal in every state, and you can be sued for it under tort law, contract law, or both.
- If you are a broker, do not re-broker deals or split broker commissions without the knowledge and consent of both your borrower and your lender.
- Do not make representations that are inaccurate, beyond the scope of your knowledge, or contrary to the contract and addenda.
- Stay informed. The finance industry, particularly the tech aspect, changes frequently. If you don’t keep up with the new developments, you will fall behind and miss opportunities.
- Offer help to others as needed, especially the newcomers to the industry. If you’re new, find a mentor. If you’re a wizened old pro, find a mentee.
- Join an association, or two. Take an active role, as a committee member, board member, or otherwise. Stay active, and get to know the emeriti, who may prove invaluable resources for your professional development.
- Have a good team of professionals at the ready, i.e., bookkeepers, tax advisors, attorneys, accountants, who are available to ensure that you maintain compliance with the myriad laws and regulations that govern the commercial finance business.
- Give back. If you are doing well, share your knowledge, or more importantly your wisdom. In case you don’t know understand the distinction, the difference between knowledge and wisdom is that knowledge is awareness that a tomato is a fruit; wisdom is knowing not to put one in your fruit salad. Share your experiences and your wisdom. It’s the gift that keeps on giving.
I’m sure you can think of many other ways to foster your success and nurture and maintain your reputation, but ten is a nice number, so let’s stop there for now!
The Law Offices of Kenneth Charles Greene presents this article. All copyrightable text, the selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of this presentation are the property of the Law Offices of Kenneth Charles Greene. All rights reserved. Permission is granted to download and reprint materials from this article for the purpose of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission, or modification of information or materials from this article, whether in electronic or hard copy form, without the express prior written permission of Kenneth C. Greene is prohibited. The materials available from this article are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any issue or problem. Use of and access to these materials does not create an attorney-client relationship between the Law Office of Kenneth Charles Greene and the user or viewer. The opinions expressed herein are the opinions of the individual author.

