KUBR

OSC found FactorCorp misled 600 investors on $50.4m of debentures

FactorCorp Inc. · Debenture-funded commercial lender

Misuse of raised fundsConcealed debtRegulatory breach

The case in brief

Visible before detection

    Checks that could have surfaced it, on hindsight

    1

    Collateral & double pledge

    Registry searches would show loans lacked registered security and the resort was already mortgaged above $30 million.

    Can mislead when: Pledges made off the registries stay invisible, and vague invoice descriptions are hard to match.

    2

    End-use tracing of funds

    Tracing the Express Commercial Services advances would show they funded a resort build.

    Can mislead when: Kubr sees only the company's own accounts. Once money reaches a third party's bank, Kubr can flag the payee but cannot see the next hop without that party's consent.

    3

    Third-party confirmation

    Direct confirmation from borrowers would test the claimed loan terms and security.

    Can mislead when: Counterparties can collude or ignore requests. A non-response is logged as a gap, never as a pass.

    4

    Regulatory & litigation records

    The commission file would show the offering memoranda were not filed.

    Can mislead when: Court records lag and name spellings vary. A clean record can mean the problem has not reached court yet.

    Where Kubr services would have helped

    Borrower monitor

    Offered in India
    • C6 Tracing the Express Commercial Services advances would show they funded a resort build.
    • C8 The commission file would show the offering memoranda were not filed.
    • C13 Registry searches would show loans lacked registered security and the resort was already mortgaged above $30 million.

    Verified Snapshot

    Offered in India
    • C8 The commission file would show the offering memoranda were not filed.
    • C13 Registry searches would show loans lacked registered security and the resort was already mortgaged above $30 million.

    Legal diligence support

    Offered in India
    • C8 The commission file would show the offering memoranda were not filed.
    • C13 Registry searches would show loans lacked registered security and the resort was already mortgaged above $30 million.

    Rating history

    Offered in India
    • C8 The commission file would show the offering memoranda were not filed.
    • C13 Registry searches would show loans lacked registered security and the resort was already mortgaged above $30 million.

    Mapped from the checks each service runs. A hindsight reading of public records, not a promise that the failure would have been found.

    A summary of public documents. It reports what the sources say. It is not Kubr's finding and not a statement of guilt.