Factoring Agreement Contract Format In New York

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

Contracts are made up of three basic parts – an offer, an acceptance and consideration. The offer and acceptance are what the purpose of the agreement is between the parties. A public relations firm offers to provide its services to a potential client.

Generally, a contract is binding when the following is true: the parties intend to make a contract. there is an offer and an acceptance. the parties receive something in return for their promises.

A contract is a legally binding agreement made by two or more parties. A contract must meet several requirements to be enforceable by a court of law. In New York, a contract is binding if there is offer and acceptance, consideration, an intent to be bound and mutual assent.

Contract Formation Offer and Acceptance – one party must make a clear and definite offer, and the other party must accept that offer, clearly and definitely. Exchange Something of Value – also known as “Consideration.” Each party must promise or provide something of value to the other party;

Documents you will have to provide: Factoring application. Articles of Association or registered Amendments to the Articles of Association of your company. Annual report for the previous financial year. Financial report (balance sheet andf profit/loss statement) for the current year (for 3, 6 or 9 months, respectively)

Offer: A clear proposal to make a deal. Acceptance: A definite agreement to the terms of the offer. Consideration: Something of value exchanged between the parties. Intention to Create Legal Relations: A mutual intention to form a legally binding agreement.

All factoring companies require written notice to terminate the contract. The expectation is usually 30 – 60 days prior to the renewal date. You will need to verify whether your notice to terminate needs to be delivered via mail or if electronic notice is acceptable.

You can get out of a binding contract under certain circumstances. There are seven key ways you can get out of contracts: mutual consent, breach of contract, contract rescission, unconscionability, impossibility of performance, contract expiration, and voiding a contract.

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.

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Factoring Agreement Contract Format In New York