Factoring Agreement Draft With Recourse In Maryland

State:
Multi-State
Control #:
US-00037DR
Format:
Word; 
Rich Text
Instant download

Description

A factor is a person who sells goods for a commission. A factor takes possession of goods of another and usually sells them in his/her own name. A factor differs from a broker in that a broker normally doesn't take possession of the goods. A factor may be a financier who lends money in return for an assignment of accounts receivable (A/R) or other security.

Many times factoring is used when a manufacturing company has a large A/R on the books that would represent the entire profits for the company for the year. That particular A/R might not get paid prior to year end from a client that has no money. That means the manufacturing company will have no profit for the year unless they can figure out a way to collect the A/R.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The agreement with non-recourse factoring is that, within certain conditions, if the payments are late or unpaid then the factor absorbs the costs, the company does not have to worry about debt created by unpaid invoices.

Non-recourse factoring is less common than recourse factoring, but it is valuable to know how it works. With non-recourse, the factoring company takes on the burden of non-payment. To compensate for this higher risk, invoice factoring rates are higher. Typically, non-recourse factoring rates will vary from 2% to 5%.

Beyond that benefit, there aren't many other advantages to using non-recourse factoring over recourse factoring. True non-recourse factoring involves a true sale of the receivable.

Recourse factoring is the most common and means that your company must buy back any invoices that the factoring company is unable to collect payment on. You are ultimately responsible for any non-payment. Non-recourse factoring means the factoring company assumes most of the risk of non-payment by your customers.

Conversely, the disadvantages of working with a non-recourse factoring company are higher fees and more stringent qualification requirements. To be approved for non-recourse factoring, the business's customer base must meet higher credit ratings and have healthy credit repayment histories.

Recourse is more common than non-recourse factoring. Many factoring companies are weary of non-recourse as it means they are liable for debtor non-payment. Still, there are many advantages to working on a recourse agreement for business owners. For one, advance rates are usually higher.

Factoring Application. Filling out a factoring application is very easy, yet one of the most important requirements for invoice factoring. Accounts Receivable Aging Report. Copy of Articles of Incorporation. Invoices to Factor. Credit-worthy Clients. Business Bank Account. Tax ID Number. Personal Identification.

Factoring without recourse means that the risk of accounts receivable being uncollectible transfers from the buyer to the seller. Basically, if an accounts receivable cannot be collected, the seller does not have to reimburse the buyer like they would if the factoring was “with recourse”.

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Factoring Agreement Draft With Recourse In Maryland