Agreement Accounts Receivable Without Recourse In Massachusetts

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

Description

The Agreement accounts receivable without recourse in Massachusetts is a formal contract between a Factor and a Client for the purchase of accounts receivable. This Agreement allows the Client to sell their credit sales to the Factor without the liability of recourse, meaning the Factor assumes the risk of non-payment from the customer. Key features include the assignment clause, which ensures the Factor becomes the absolute owner of the receivables, and provisions for credit approval, allowing the Factor to assess the customer's creditworthiness before accepting receivables. The form also outlines the responsibilities for invoice handling, payment terms, and credit limits, ensuring both parties understand their obligations. Additionally, it includes sections on warranties, such as the warranty of assignment and solvency, protecting the Factor’s investment. This document is particularly useful for attorneys, partners, and legal assistants as it provides a structured framework for financial transactions involving receivables, essential for businesses seeking immediate capital. Paralegals and associates benefit from having a clear protocol for managing receivables assignments and mitigating risks associated with financial agreements.
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FAQ

When a company factors receivables it means that they sell them to another party. If the transaction is without recourse that means the buyer takes on all the risk of credit losses. The seller of the accounts receivable does not bear any risk after the sale is complete.

In financial transactions, without recourse disclaims any liability to the subsequent holder of a financial instrument. Thus, endorsing a check and adding without recourse to the signature means that the endorser takes no responsibility if the check bounces for insufficient funds.

In non-recourse receivables finance, the factor purchases the receivables from the seller and assumes the full debtor default risk. In a recourse transaction, the debtor default risk remains with the seller. Receivables purchased under a non-recourse agreement can generally be removed from the seller's balance sheet.

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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Agreement Accounts Receivable Without Recourse In Massachusetts