0001213900-18-013336.txt : 20181001 0001213900-18-013336.hdr.sgml : 20181001 20181001174052 ACCESSION NUMBER: 0001213900-18-013336 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20180928 FILED AS OF DATE: 20181001 DATE AS OF CHANGE: 20181001 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Bernstein Brad Mitchell CENTRAL INDEX KEY: 0001404447 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-37945 FILM NUMBER: 181098669 MAIL ADDRESS: STREET 1: C/O ANCHOR FUNDING SERVICES, INC. STREET 2: 10801 JOHNSTON ROAD SUITE 210 CITY: CHARLOTTE STATE: NC ZIP: 28226 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: FlexShopper, Inc. CENTRAL INDEX KEY: 0001397047 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-EQUIPMENT RENTAL & LEASING, NEC [7359] IRS NUMBER: 205456087 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 2700 N. MILITARY TRAIL SUITE 200 CITY: BOCA RATON STATE: FL ZIP: 33431 BUSINESS PHONE: (561) 367-1504 MAIL ADDRESS: STREET 1: 2700 N. MILITARY TRAIL SUITE 200 CITY: BOCA RATON STATE: FL ZIP: 33431 FORMER COMPANY: FORMER CONFORMED NAME: Anchor Funding Services, Inc. DATE OF NAME CHANGE: 20070419 4 1 ownership.xml OWNERSHIP DOCUMENT X0306 4 2018-09-28 0 0001397047 FlexShopper, Inc. FPAY 0001404447 Bernstein Brad Mitchell C/O FLEXSHOPPER, INC. 2700 NORTH MILITARY TRAIL, STE. 200 BOCA RATON FL 33431 1 1 0 0 CEO Common Stock 2018-09-28 4 P 0 50000 1.00 A 50000 D Common Stock 200000 I By spouse Warrants (right to buy) 1.25 2018-09-28 4 P 0 25000 A 2018-09-28 2023-09-28 Common Stock 25000 25000 D Warrants (right to buy) 1.25 2018-09-28 4 P 0 36500 0.27 A 2018-09-28 2023-09-28 Common Stock 36500 61500 I By spouse The shares of common stock reported in Table I and warrants to purchase common stock reported in the first row of Table II were purchased by the Reporting Person in the Issuer's public offering of Units, which closed on September 28, 2018. Each Unit consists of one share of common stock and one-half (1/2) of one warrant to purchase one share of common stock. The Reporting Person purchased each Unit at the public offering price of $1.00 per Unit. The price reported in Column 8 is a weighted average price. These warrants were purchased in multiple transactions at prices ranging from $0.26 to $0.27, inclusive. The Reporting Person undertakes to provide to the Issuer, any security holder of the Issuer, or the staff of the Securities and Exchange Commission, upon request, full information regarding the number of warrants purchased at each separate price within the ranges set forth in this footnote (2) to this Form 4. /s/ Brad Bernstein by Ka'imi Jones, as attorney-in-fact 2018-10-01 EX-24.1 2 f4092818bernsteinex24-1_flex.htm POWER OF ATTORNEY

Exhibit 24.1

POWER OF ATTORNEY

(For Executing Form ID and Forms 3, 4 and 5)

Know all by these presents, that the undersigned hereby constitutes and appoints Mark R. Busch of K&L Gates LLP and Ka’imi Jones of FlexShopper, Inc. (the “Company”), signing individually, the undersigned’s true and lawful attorneys-in-fact and agents to:

(1) Prepare, execute in the undersigned’s name and on the undersigned’s behalf, and submit to the Securities and Exchange Commission (the “SEC”) a Form ID, Uniform Application for Access Codes to File on EDGAR, including amendments thereto, and any other documents necessary or appropriate to obtain codes and passwords enabling the undersigned to make electronic filings with the SEC of reports required by Section 16(a) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or any rule or regulation thereunder;

(2) Prepare, execute in the undersigned’s name and on the undersigned’s behalf, and submit to the SEC Forms 3, 4 and 5 (including amendments thereto and joint filing agreements in connection therewith) in accordance with Section 16(a) of the Exchange Act and the rules thereunder in the undersigned’s capacity as an officer, director or beneficial owner of more than 10% of a registered class of securities of the Company;

(3) Do and perform any and all acts for and on behalf of the undersigned that may be necessary or desirable to prepare and execute any such Form 3, 4 or 5 (including amendments thereto and joint filing agreements in connection therewith) and file such forms with the SEC and any stock exchange, self-regulatory association or any similar authority; and

(4) Take any other action of any type whatsoever in connection with the foregoing that, in the opinion of such attorney-in-fact, may be of benefit to, in the best interest of, or legally required of the undersigned, it being understood that the documents executed by the attorney-in-fact on behalf of the undersigned pursuant to this Power of Attorney shall be in such form and shall contain such terms and conditions as the attorney-in-fact may approve in the attorney-in-fact’s discretion.

The undersigned hereby grants to such attorney-in-fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary, or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact, or such attorney-in-fact’s substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted. The undersigned acknowledges that the foregoing attorney-in-fact, and their substitutes, in serving in such capacity at the request of the undersigned, are not assuming (nor is the Company assuming) any of the undersigned’s responsibilities to comply with Section 16 of the Exchange Act.

This Power of Attorney shall remain in full force and effect until the earliest to occur of (a) the undersigned is no longer required to file Forms 3, 4 and 5 with respect to the undersigned’s holdings of and transactions in securities issued by the Company, (b) revocation by the undersigned in a signed writing delivered to the Company and the foregoing attorneys-in-fact or (c) as to any attorney-in-fact individually, until such attorney-in-fact is no longer employed by the Company or K&L Gates LLP, as applicable.

IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of the date written below.

Date: May 12, 2017

By:	/s/ Brad Bernstein
Name:	Brad Bernstein