Agreement Accounts Receivable Without Recourse In Wake

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

Description

The Agreement Accounts Receivable Without Recourse in Wake is a legal document facilitating the sale of a company’s accounts receivable to a third party (the Factor) without the risk of recourse to the selling company (the Client). This agreement outlines the responsibilities of both parties, including the assignment of accounts, sales and delivery processes, credit approvals, and the assumption of credit risks. Key features include clear definitions of accounts receivable, Client obligations regarding notifications and invoice management, and terms for collecting outstanding invoices. The form is particularly useful for attorneys, business partners, owners, associates, paralegals, and legal assistants involved in financial transactions, providing them with a structured approach to manage receivables and mitigating risks associated with unpaid accounts. Filling instructions emphasize the need for precise completion of details such as names, addresses, and terms of sale. Specific use cases include businesses seeking immediate cash flow, legal professionals drafting contracts for factoring arrangements, and financial advisors advising clients on risk management in business operations.
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FAQ

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”.

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.

Receivables finance can be provided to the seller on a “non-recourse” or “recourse” basis. 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.

In contrast, when receivables are purchased on a with-recourse basis, the buyer of receivables has a right of recourse. Thus, the risk of the seller of receivables gains in importance. However, not to the same extent as, for example, in case of another source of liquidity, a working capital facility.

What Is Without Recourse? "Without recourse" means that one party cannot obtain a judgment against, or reimbursement from, a defaulting or opposing party in a financial transaction. When the buyer of a promissory note or other negotiable instrument enters into a "no recourse" agreement, they assume the risk of default.

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Agreement Accounts Receivable Without Recourse In Wake