AMERICAN EXPRESS® BUSINESS LOANS TERMS AND CONDITIONS
Last Modified: August 10, 2018
American Express Business Loans are commercial loans issued by American Express National Bank (“we”, “us” or “our”). The business to which the loan is issued (the “Business”) will be obligated for the loan, together with the individual person applying for the loan, in their individual capacity (the “Authorizing Person” and together with the Business, “you” or “your”). Business Loans are not American Express Card products. Unlike American Express credit and charge Cards, they do not include any Card benefits, rewards programs or insurance. For example, you do not get Membership Rewards® points or Rewards Dollars from American Express with your Business Loan.
You must have a valid offer for a pre-approved loan amount and APR to apply for a Business Loan. The Authorizing Person must be 18 years or older, a U.S. citizen or resident of the U.S. or its territories, and a Basic Card Member on an eligible American Express Business Card account in the name of the Business (a Basic Card Member means the person responsible for repayment of the account). The Business must be in good standing with American Express at the time of application. The Authorizing Person represents and warrants that they have full power and authority to act as the Authorizing Person and apply for a Business Loan on behalf of the Business. You must also have an American Express online account. If you do not have an American Express online account, you can create one at Americanexpress.com/Register. When you apply for a Business Loan, you are representing that all information in your application, including any information we may use from your Business Card account, is true and accurate.
We reserve the right to verify any information you provide to us or that we have on file for you, including your identity, your credit cards, your issuing bank and any bank account or mailing address before sending any loan payments or issuing your loan. However, we may also rely on the accuracy, authenticity and completeness of the credit card, bank account and mailing address information as you provided it to us. We reserve the right to refuse to make any payment to any of your designated credit cards if your request does not meet these Terms and Conditions or the terms of your Loan Agreement, or violates applicable law.
If you are the Basic Card Member on more than one American Express Business Card, you may only apply for, and have a loan for, one of your businesses at any given time. You may only have one Business Loan or American Express Personal Loan at any given time. If you currently have an American Express Personal Loan outstanding, you are not eligible to apply for a Business Loan. If you had a Business Loan or American Express Personal Loan in the past, you may not be able to apply for a new Business Loan for up to 30 days after you paid your previous loan in full, and can only apply if we pre-approve you for another loan. You may have only one Business Loan at a time, except in limited circumstances and only if we pre-approve you for a second Business Loan.
By applying, you agree that we may obtain credit reports and other information about you from other sources, including commercial and consumer reporting agencies and our affiliates. You agree that we will use such information for any purposes, subject to applicable law. Upon request, we will tell you if we have received a consumer report and the name and address of the agency that provided it. You authorize us and our affiliates and subsidiaries to share information we have about you at any time for marketing and administrative purposes, subject to applicable law.
Business Loans are SOLELY FOR BUSINESS PURPOSES AND MAY NOT BE USED FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES or any purpose prohibited by law or not otherwise permitted by these Terms and Conditions or your Loan Agreement.
Your Pre-Approved Loan Amount and APR
Your pre-approved loan amount and maximum annual percentage rate (APR) are based on your creditworthiness and other factors at the time of pre-approval. Your pre-approved maximum APR is the highest APR you may receive for any loan amount you request, up to your pre-approved loan amount. Your actual APR may vary based on the amount you borrow and the repayment period you select, but it will not exceed your pre-approved maximum APR. After you receive your pre-approved offer, you must submit an application to find out if you are approved for a Business Loan. We may not approve your application if there has been any material change to your financial condition or creditworthiness, as a result of our fraud review or for other reasons under applicable law.
Your Loan Agreement
If we approve your application, we will present you with your actual loan terms. These terms will include your APR, total interest charges, amount financed, total payments and repayment schedule (including your monthly payment amount). We will also present you with your Loan Agreement and other required disclosures. You, as the Authorizing Person, understand and agree that when you apply for a loan, you are applying for the loan on behalf of the Business and in your individual capacity and acknowledge your intent that any application for a loan requested is a joint application by both the Business and the Authorizing Person. You, as the Authorizing Person, represent and warrant that you will receive a direct benefit as a result of the joint loan. You understand and agree that the Business and the Authorizing Person are each, in their individual capacity, jointly and severally liable for the Total of Payments (as defined in the Loan Agreement) with respect to the loan and for any other amounts set forth in the Loan Agreement. You will have three (3) days from when we show you your loan terms to review and electronically sign your Loan Agreement. If you do not electronically sign your Loan Agreement within these three days, you will not be able to obtain your loan.
Credit Card Debt Consolidation
A Business Loan for debt consolidation can be used to pay balances on up to four commercial credit cards issued by eligible US banks (including in the US territories) that are used for business purposes. American Express Cards are not eligible for debt consolidation. You must request a minimum loan amount of $1,000 for each credit card you select, with a total requested loan amount for all credit cards of at least $3,500.
After you sign your Loan Agreement, we will send a loan payment directly to each of the credit cards you designated in your application. You will not receive any loan payments directly. In certain cases, your credit card bank may not be able to process the loan payment from us, for example, if the credit card information you provided is not correct or your credit card bank rejects the payment. If this happens, we will reduce the total amount of your loan by the amount of the failed payment and you will not owe any interest on the failed payment.
Direct Deposit Business Loans
For a Business Loan that is not for debt consolidation, you must request a loan amount of at least $3,500. We will electronically send a payment in the amount of your approved loan to a verified bank account we have on file for you.
If you do not have an eligible bank account on file with us, we will ask you to designate a business purpose bank account in your or your businesses’ name after you sign your loan agreement. You will have three (3) days from the date you sign your loan agreement to add a bank account, otherwise you will not receive your loan funds. In some cases, we may need to verify your account by asking you for personal and/or business information. If you are unable or unwilling to satisfy these conditions or we are otherwise unable to verify your new bank account, we will not be able to send any loan funds to you and your loan agreement will be void and unenforceable. In addition, you may not apply again for at least 60 days and only if we pre-approve you for another Business Loan.
Any information American Express collects from you shall be governed by our Privacy Statement (https://www.americanexpress.com/privacy).
Privacy Opt-Out Notice
This notice provides information about choices that are available to you as a Business Loan customer relating to the sharing of your personal information among the American Express family of companies and the use of this information for marketing.
American Express Business Loans are commercial loans issued by American Express Bank, FSB, a financial institution within the American Express family. The American Express family is a group of affiliated companies related by common ownership or control that includes but is not limited to companies with the American Express name such as American Express Travel Related Services Company, Inc.
How to Limit the Sharing of Your Creditworthiness Information within the American Express Family of Companies
You have the right to limit our sharing of your creditworthiness information with other companies in the American Express family. Such information includes information we obtain from a credit bureau, such as your personal credit history, and information you provide in a credit application to us, including your total annual income.
Unless you tell us not to, (1) we may begin sharing your creditworthiness information with other companies in the American Express family within 30 days from the date you received this notice, and (2) other American Express companies with whom you do not have a relationship may begin sending you marketing solicitations based on this information within 30 days from the date you received this notice. If you prefer we refrain from sharing creditworthiness information about you with other American Express companies and/or that other American Express companies with whom you do not have a relationship refrain from sending you marketing solicitations based on this information, please use one of the following methods to opt out:
- Visit us online: www.americanexpress.com/communications or
- Call 1-855-297-7748 - select 1 from the menu and enter your Loan Account Number (found on the top of your Loan Agreement)
We will process your request as soon as we reasonably can. When you are no longer our customer, we may continue to share your creditworthiness information as described in this notice. Even if you direct us not to share your creditworthiness information, we may continue to share information about your business and send marketing solicitations to you as required or permitted by law.