The Legal Ground You’re Standing On
Kentucky MCA law: the three facts that shape every option
Every resolution strategy — renegotiation, settlement, defense, refinancing — plays out differently depending on these three pieces of Kentucky law. A firm that can’t speak to them isn’t the best firm for a Kentucky file.
1Usury limits & the recharacterization question
Kentucky's legal rate is 8% (KRS 360.010), with written contracts of $15,000 or less capped at the lesser of 19% or 4 points over the Fed discount rate — and contracts over $15,000 allowed "at any rate." The civil penalty where usury applies is forfeiture of all interest, plus double recovery of usurious interest paid within two years (KRS 360.020). Two features blunt usury attacks on Kentucky MCAs: KRS 360.025 bars corporations from pleading usury (extended to LLCs and limited partnerships), and the advance must first be recharacterized as a loan at all — with deals over $15,000 facing no ceiling even then. Kentucky merchants' meaningful protection is the state's strong confession-of-judgment ban, not rate caps.
Sources: KRS 360.010 (rates; official LRC text) · KRS 360.020 (forfeiture; double recovery) · KRS 360.025 (corporate usury bar)
2Confessions of judgment in Kentucky
Void — among the strongest bans KRS 372.140 voids any pre-suit power of attorney to confess judgment — "any power of attorney to confess judgment... given before an action is instituted, is void" — and bars anyone from appearing for a defendant under such a power in any Kentucky court. A confession is valid only under KRS 454.090, which requires the debtor to personally appear in court, with the creditor's assent, after a dispute exists. MCA confession clauses therefore cannot be enforced through Kentucky courts, and New York's 2019 amendment closed the traditional out-of-state workaround for newer contracts.
Sources: KRS 372.140 (pre-suit confessions void) · KRS 454.090 (personal appearance required)
3Commercial financing disclosure: where Kentucky stands
Kentucky has no commercial financing disclosure law covering MCAs — the March 2026 Venable survey lists ten enacted states, and Kentucky appears nowhere in it, enacted or pending. Kentucky merchants hold no statutory right to pre-signing cost disclosures; with the corporate usury bar neutralizing rate arguments, the contract's actual terms and the COJ ban are the levers that matter.
Sources: Venable — State Commercial Financing Disclosure Laws (Mar. 2026)
How funders actually enforce here: Funders typically obtain judgments in their contract-selected forum and domesticate them under Kentucky's UEFJA (KRS 426.950–426.975): the authenticated judgment is filed with a Kentucky court clerk with an affidavit of the debtor's address, the clerk mails notice, and no execution may issue until 20 days after filing — a short but real window to seek a stay or contest enforcement. Funders also perfect UCC-1 liens against receivables, searchable free through the Secretary of State's FastTrack UCC index. No MCA decision from any Kentucky court could be verified — claims of a "2022 Kentucky ruling" on marketing sites could not be located and should be treated skeptically. KRS 426.950–426.975 — UEFJA (20-day window; summary) · Kentucky Secretary of State — FastTrack UCC search