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FACTORING

Factoring means a financial transaction where an entity sells its receivables to a third party called a FACTOR at discounted prices. It is a method for the management of receivables. In this concept, the Banks/financial institutions sale their recoverable loans to third party (factor) at a discounted rate. 

The companies use this method for cleaning up their Balance Sheet. In factoring, a financial institution (factor) buys the accounts receivable of a company (Client) and pays up to 80% (rarely up to 90%) of the amount immediately on formation of agreement.  Factoring company pays the remaining amount (Balance 20% - finance cost – opening cost) to the client when the customer pays the debt. Collection of debt from the customer is done either by the factor or the client depending upon the type of factoring. The account receivable in factoring can either be for a product or service.

A factor provides the following services:

(a) Credit management and covering the credit risk involved.

(b) Provision of prepayment of funds against the debts it agreed to buy.

(c) Arrangement for collection of debts.

(d) Administration of sales outstanding. 

PARTIES IN FACTORING

(i) The Seller, who has produced/sold the goods/services and raised the invoice.

(ii) The Buyer, the consumer of goods/services and the party to pay.

(iii) The Factor, the financial institution that advances the portion of funds to the seller. 

FACTORING PROCESS

The seller interacts with the funding specialist/broker and explains the funding needs. The broker prepares a preliminary client profile form and submits to the appropriate funder for consideration.  Once both parties agree that factoring is possible, the broker puts the seller in direct contact with the funder to ask/answer any additional questions and to negotiate a customized factoring agreement, which will meet the needs of all concerned.

At this point, the seller may be asked to remit a fee with formal application to cover the legal research costs, which will be incurred during “due diligence”. This is the process by which the buyer‟s creditworthiness is evaluated through background checks, using national database services.

During the next several days, the funder completes the “due diligence” process on the seller, further verifies invoices and acknowledges any liens, UCC filings, judgments or other recorded encumbrances on the seller‟s accounts receivables.

The seller is advised of the facility and is asked to advise the buyers of the Factor by letter and submit an acknowledged copy of the same to the Factor for records. 

▪A detailed sanction letter is given to the seller and their acceptance on the same taken, with the required signatories. (Authorized signatories would be mentioned in the “Signing Authorities” section of the Proposal presented by seller). 

▪Sanction terms must contain the following: 

(a) The period for which the sanction is valid.

(b) When the facility comes into effect.

(c) Who the authorized signatories are for signing invoices for factoring. 

ADVANTAGES FOR THE SELLER

(a) Seller gets funds immediately after the sale is affected and on presentation of accepted sales invoices and Promissory notes.

(b) Major part of paper work and correspondence is taken care of by the factor.

(c) Follow – up, for recovery of funds, is done mainly by the factor.

(d) Interest rates are not as high as normal discounting.

(e) Increased cash flow to meet payroll.

(f) Immediate funding arrangements.

(g) No additional debt is incurred on balance sheet.

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