Eric W. Bosken ([info]nd_eric_77) wrote,
@ 2007-06-05 15:59:00
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A hand-up rather than a hand-out...
I have recently become involved with Kiva.org's microfinancing process. The concept is pretty freaking amazing. An entrepreneur in a 3rd world country makes a request for a business loan to support her / his business. A photo of the prospective borrower and brief description of the business plan are posted on Kiva. Then a person in the US (not sure if people from other western countries can participate yet) gives a loan to fulfill either all or part of the requested money. The loan is then repaid over a relatively short time period (18 months in the case of the loan I made). Apparently the repayment rate is nearly 100%.

Yesterday, I made our first loan to an entrepreneur in Indonesia. I am excited to see how this works out. Facts about Kiva:
  • 100% of the loaned amount is passed along to the borrower.

  • Kiva does request the lender to consider giving an additional tax-deductible donation (typically 10% of the loan amount) to cover Kiva's costs.

  • The lendor does not receive any interest on the money; Kiva works with microfinance banks which are allowed to charge a small / nominal amount of interest (typically 2%) in order to cover the banks' costs

  • When the loan has been repaid in full, the lendor can either withdraw the money from the Kiva account (which works through paypal), or can lend the money out to another borrower. IMHO, the general expectation appears to be that loaning the money back out is the most common use of repaid money


The more I think about this concept, the more I like it. By lending money through Kiva, I encourage people in the developing world to work to improve their lives by actively participating in the economy of their countries. Its kind of like not just giving a person a fish, not flying all the way across the world to teach a person to fish, but financing that person's purchase of a larger net with which to bring in many more fish!


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Beware the indemnity clause
[info]katiebosken
2007-06-06 02:27 am UTC (link)
Eric, I like this program - it seems pretty neat that you can lend a helping hand to people in developing countries a) without someone taking a large administrative fee off the top, and b) with control over the activities you believe are sustainable. Plus, I've always really liked the "teach a man to fish" analogy.

Now, because my husband (and your brother) took my Sudoku book and is doing one of the harder puzzles (i.e. he will have it all night), I decided to read the terms and conditions of the agreement on their website. Dull right? Not to me!

One thing I noticed is this clause: "Indemnity. You agree to indemnify and hold Kiva harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your ... participation in the Program... and/or ... any breach of your representations and warranties set forth above."

It occurred to me that bad things could come from this clause, since Kiva is practically reaching into your pocket in case things go wrong. From a PR perspective, I'm sure the negative publicity associated with suing a charitable, individual lender would stop this from happening, but agreeing to indemnify Kiva if they get sued for financing a major accident could be a pretty big deal. Plus, although they have 501(c)(3) status as a public charity, you aren't making charitable contributions - you're making loans, though it's unclear to whom you are actually lending the money.

I also noticed, and was irritated by, the fact that "you" make representations and warranties (probably in the form of identity and address) but "they" attempt to disclaim all warranties in big capital letters. Further concern appears a little bit higher: "Even after your participation in the Program and status as a User is terminated, however, this Agreement will remain in effect." What that means is debatable, but I would certainly hope it doesn't mean you continue to agree to indemnify Kiva for any harms arising out of the provision of funds to needy people, even after you've decided to stop funding it.

Anyway, it sounds like a promising idea, even if their contract is a little heavy handed. Hopefully I've thought about Kiva long enough that my Sudoku book will be more freed up!!

(Reply to this) (Thread)

Re: Beware the indemnity clause
[info]niamhncsu
2007-06-06 02:59 am UTC (link)
i think we need to get ye an additional Sudoku book!

(Reply to this) (Parent)(Thread)

Re: Beware the indemnity clause
[info]katiebosken
2007-06-06 06:32 am UTC (link)
The Sudoku book was promptly returned... less a few pages. :-)

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Re: Beware the indemnity clause
[info]nd_eric_77
2007-06-06 03:28 am UTC (link)
i think the indemnity clause might be a CYA move to make sure that Kiva and its employees do not end up with legal liability if some less-than-scrupulous types decide to manipulate the system and use it for money laundering. (the thought had never even occurred to me until after I read your reply and my mind started wondering what kind of wacky scenario they could be indemnifying themselves against).

To be honest with you, I never read the contracts; even if something bad were to happen with Kiva in the future, I think that the fact that I can show that a. I acted in good faith, and b. I behaved as a reasonable person would w/r/t how I lent the small amount of money I have lent, I should be safe from any legal entanglements.

Anyhoo, I just like to help out budding entrepreneurs / capitalists in less fortunate parts of the world.

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Re: Beware the indemnity clause
[info]katiebosken
2007-06-06 06:48 am UTC (link)
I agree that it's a CYA clause for Kiva. I started wondering about it because I've been researching Superfund lender-liability (which I doubt you'd face in developing countries), where the lender ends up footing the bill on environmental clean up after foreclosing on some development project gone wrong. Then I started wondering whether Kiva was vetting its borrowers against the terrorist lists, or whether only their marketing partners were cleared. Anyway, I think you're right that you won't be getting sued on any tort or criminal enterprise theories in the near future (plus, I'm not certain, but I don't think indemnification includes criminal liability anyway). And you've certainly acted reasonably - Kiva linked a bunch of reputable, favorable news articles about "social lending" and the like.

It sounds like Kiva is making the American dream global!

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