Legal Compliance

Prosper is an online peer-to-peer lending marketplace operated  by Prosper Funding LLC ("Prosper"). Prosper and its agents handle the registration of borrowers, lenders, loan sellers and group leaders; the receipt, display and matching of listings and investments on listings; the issuance and sale of Borrower Payment Dependent Notes ("Notes") to our lender members; and the origination, servicing and collection of principal and interest and other charges payable on loans. Our lender members may offer their Notes for sale to other lender members through the Folio Investing Note Trader platform operated and maintained by FOLIOfn Investments, Inc., a registered broker-dealer.

  • Our borrower members can post listings on the platform to request and obtain loans, which we call "borrower loans."
  • Our lender members can invest in listings and purchase from Prosper Notes that are dependent for payment on payments we receive on the corresponding borrower loans described in the listing.

All loans originated through the platform are made by WebBank, a Utah-chartered Industrial Bank and sold and assigned to Prosper. Our affiliate, Prosper Marketplace Inc., provides services to WebBank in connection with the origination of such loans and services all loans made to Prosper borrowers for the benefit of Prosper lender members who purchase Notes dependent for payment on such loans.

All borrower loans are fixed rate, unsecured, fully amortizing loans with simple interest. All loans are obligations of individual borrowers and not of corporations or businesses. Borrowers who obtain a loan to be used for business purposes, are personally obligated to repay the loan, regardless of the success or failure of the business for which the loan may be used. The following limits and fees apply:

Borrower Limits and Fees
Map of the United States Loan amount: $2,000 - $35,000
Maximum interest rate: 36%
Origination fee:
Prosper Rating 3 year 5 year
1.00-2.00% 3.00%
4.00% 5.00%
5.00% 5.00%
C - HR
5.00% 5.00%
Late fee:
15-day grace period
The greater of 5.00% of the unpaid
installment amount, or $15
Failed payment fee: $15
State of residence: Prosper is available to Borrowers in all
US states except Iowa, Maine and North Dakota.


Lender Requirements

Your role as a Prosper "Lender" is that of a purchaser of Notes issued by Prosper or, prior to February 1, 2013 by Prosper Marketplace, Inc., but as to which Prosper is now the obligor. Although you are referred to on the Prosper website as a "Lender," you are not actually lending your money directly to Prosper borrowers, but are, instead, acting as an investor and making purchase commitments for Notes and purchasing Notes from Prosper, that are dependent for payment on payments we receive on borrower loans.

An investment by a Lender is the Lender's commitment to purchase a Note issued by Prosper, with the proceeds of the sale of the Note used by Prosper to make or purchase the specific borrower loan described in the listing on which the investment was made.

Your rights and obligations as a Prosper Lender are set forth in the Lender Registration Agreement.

Residence: Prosper is currently available only to lenders who reside in the following states: Alaska, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New York, Oregon, Rhode Island, South Carolina, South Dakota, Utah, Virginia, Washington, Wisconsin and Wyoming.

Individual members may also be required to meet suitability requirements established by their state of residence. 

If you are a resident of Alaska, Idaho, Missouri, Nevada, New Hampshire, Oregon, Virginia or Washington, you must have: (i) an Annual Gross Income of at least $70,000; AND (ii) a Net Worth of at least $70,000; OR a Net Worth of at least $250,000. In addition, you may not purchase Notes and PMI Management Rights in an amount in excess of 10% of your Net Worth.

If you are a resident of California, you must have: (i) had an Annual Gross Income of at least $85,000 during the last tax year; AND (ii) a good faith belief that you will have an Annual Gross Income of at least $85,000 for the current tax year; OR a Net Worth of at least $200,000 (or $300,000 together with your spouse); OR your Net Investment must not exceed $2,500. In addition, you may not purchase Notes and PMI Management Rights in an amount in excess of 10% of your Net Worth.

If you are resident of Maine or Oregon: The Maine Office of Securities recommends and the Oregon Division of Finance and Corporate Securities requires that your aggregate investment in Notes, PMI Management Rights and similar offerings by Prosper Marketplace, Prosper Funding or their affiliates not exceed 10% of my Net Worth.

For purposes of the suitability requirements described above, an investor and his or her spouse is considered to be a single person. In addition, the following definitions apply:

"Annual gross income" means the total amount of money you earn each year, before deducting any amounts for taxes, insurance, retirement contributions or any other payment or expenses.

"Net Worth" means the total value of all assets, minus the total value of all liabilities. The value of an asset is equal to the price at which an investor could reasonably expect to sell the asset. In calculating net worth, an investor should only include assets that are liquid, meaning assets that consist of cash or something that could be quickly and easily converted into cash, such as publicly-traded stock. An investor should not include illiquid assets in the calculation of net worth, such as homes, home furnishings or cars.

"Net Investment" means the principal amount of Notes and PMI Management Rights purchased, minus principal payments received on the Notes and PMI Management Rights.

Minimum investment: $25
Maximum investment (per listing): the requested loan amount
Maximum aggregate investment: $5,000,000 for individuals
$50,000,000 for institutions
Loan servicing fee: an annual rate of 1.0% of the outstanding principal balance of the borrower loan
Collection agency fee rate: 17%
Notes and returns on Notes are not FDIC-insured and have no Prosper or bank guarantee. Notes may lose value.

Notes purchased by Prosper Lenders are transferable only through the Folio Investing Note Trader platform.


IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT - To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.

Prosper Funding LLC and Prosper Marketplace, Inc. holds the State consumer lending licenses and registrations shown below.

State Licenses
Collection Agency License #0921742
Collection Agency License #4602
Finance Lender License #6053227
Supervised Lender License #989214
Consumer Finance Company License #CF0900228
Regulated Lender License #RRL-5106
Supervised Loan License #SL0026431 (PFL)
Supervised Loan License #SL0000382
Collection Agency License #0086 [409214751]
Collection Agency Exemption
Third Party Loan Servicer Registration #LS111473
Regulatory Loan License #RL-0012605
Consumer Loan License #CL.0001008
Supervised Lender License #SL006429
Consumer Finance License #0329-001-C
Consumer Agency License #49910
Rhode Island
Debt Collector Registration 20122891DC
Regulated Loan License #47698
Collection Agency License #6020211-0131
Consumer Credit Notification
Consumer Act Registration #51500
Supervised Lender License #SL-2462

Last Updated: Friday, October 25, 2013