Factoring Agreement Without Recourse In Miami-Dade

State:
Multi-State
County:
Miami-Dade
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

With recourse factoring, the business is responsible. But with non-recourse factoring, the factoring company is responsible, although there may be some stipulations based on the terms of the agreement. Higher advance rates (i.e. amount of funding you receive upfront).

A factoring contract establishes the legal relationship between your business and the factor. It outlines the process for transferring invoices, clarifies who is responsible for collecting payments, and specifies whether the factor assumes the risk of bad debt.

Normally, a period of notice is required to terminate a factoring facility. There may also be other restrictions on when notice can be given. Again, you need to understand how much notice you need to give and how and when. Calculate the costs of leaving your facility as explained in our article.

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”.

Writing--or hiring an attorney to write--a contract cancellation letter is the safest way to go. Even if the contract allows for a verbal termination notice, a notice in writing provides solid evidence of your decision, and it's always a good idea to have a written record.

Get a Release Letter: Once all obligations are fulfilled, ask for a release letter from the factoring company. This document should state that you have fulfilled all contractual obligations and that the factoring company has no further claim on your invoices or receivables.

With recourse factoring, the business is responsible. But with non-recourse factoring, the factoring company is responsible, although there may be some stipulations based on the terms of the agreement. Higher advance rates (i.e. amount of funding you receive upfront). Lower advance rates.

An example of a without recourse note is a personal check written by A, the maker, to B, the payee. B, in turn pays off a debt to C by endorsing the check and adding the without recourse phrase.

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.

There are two types of debts: recourse and nonrecourse. A recourse debt holds the borrower personally liable. All other debt is considered nonrecourse. In general, recourse debt (loans) allows lenders to collect what is owed for the debt even after they've taken collateral (home, credit cards).

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Factoring Agreement Without Recourse In Miami-Dade