Agreement Accounts Receivable Without Recourse In Washington

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

There are four essential elements of forming a contract: offer, acceptance, consideration, and intention to create legal relations. Beyond this, the terms of the contract must also be unambiguous, and the parties must have the mental capacity to agree.

In Washington, the basic maxim is “An agreement is enforceable if its terms are reasonably certain.” The terms of a contract are “reasonably certain” if they provide the ability for determining a breach/default and for giving an appropriate remedy in case of breach/default.

7 Essential Elements of A Contract Offer. For there to be a contract, there must first be an offer by one party and an acceptance by the other. Acceptance. Acceptance is the agreement to the specific conditions of an offer. Consideration. Intention to create legal relations. Authority and capacity. Certainty.

A contract is an agreement between parties, creating mutual obligations that are enforceable by law. The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.

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.

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”.

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.

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.

More info

Accounts receivable collects critical revenue from customers or debtors – a key activity in supporting a government's operations and service delivery. Immediately after Phil's Fine Cars sells a car, it assigns the contract to Finance Company ABC without recourse back to Phil.With recourse factoring, you're responsible for the debt if your customers don't pay. These companies will work with you to structure accounts receivable financing agreements that will fit your business goals and needs. 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. Look for reputable factoring companies that offer flexible factoring programs tailored to your specific needs in the Seattle area. Abel Commercial Funding provides the best accounts receivable financing in Washington, D.C. Contact our team today and put our expertise to work for you. The Riviera Finance Baltimore office provides financing solutions and invoice factoring services to companies in Baltimore, Maryland, and Washington, DC. Purchase Price: The agreed-upon amount the buyer will pay the seller for the accounts receivable. Accounts receivable aging report, Accounts payable report, debt schedule.

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Agreement Accounts Receivable Without Recourse In Washington