(a) the lender and the borrower (or any of its officers, directors or controlling persons) have a pre-existing personal, or business relationship; or
If you’re a debtor, you really need to consider most of the financing received regarding low financial institutions so you’re able to determine whether the usury statutes can be used for your own economic work for
(b) the lender and the borrower by reason of their own business and financial experience, or that of their professional advisors, could reasonably be assumed to have the capacity to protect their own interests in connection with the transaction; and
(c) the loan is not guaranteed by any individual, a revocable trust, or a partnership that has a general partner. See California Corporations Code §25118; and