Pennsylvania General Form of Factoring Agreement - Assignment of Accounts Receivable

• Category: Contracts - Factoring
• State: Multi-State
• Control #: US-0270BG
• Format: Word; Rich Text

Description

This form is a factoring agreement for the assignment of accounts receivable. Factoring is a financial transaction in which a firm sells its accounts receivable invoices to a third party called a factoring firm at a discount, so that it receives immediate money to continue its business. The factoring firm pays a percentage of the invoices immediately. Firms often factor receivables to improve their cash flow.

The Pennsylvania General Form of Factoring Agreement — Assignment of Accounts Receivable is a legal document that outlines the terms and conditions between two parties involved in factoring transactions. Factoring is a financial practice in which a business sells its accounts receivable to a third party, known as a factor, in exchange for immediate cash. This agreement typically includes various key sections and clauses that govern the relationship between the business, referred to as the "Assignor," and the factor, known as the "Assignee." The purpose of the agreement is to outline the rights, obligations, and responsibilities of each party involved in the factoring arrangement. It ensures clarity and legal protection for both parties. Some essential elements covered in the Pennsylvania General Form of Factoring Agreement include: 1. Identification of the parties: The agreement provides the legal names and addresses of both the Assignor and Assignee, ensuring proper identification of the involved entities. 2. Definitions: This section defines various terms used throughout the agreement to avoid any confusion or misinterpretation. 3. Factoring services: The agreement specifies the factoring services that the Assignee will provide to the Assignor. This may include the purchasing, processing, and collection of accounts receivable. 4. Assignment of accounts receivable: A significant aspect of the agreement is the assignment of accounts receivables from the Assignor to the Assignee. This section explicitly states that the Assignor transfers its rights to collect payment on the invoices to the Assignee. 5. Account verification: This clause allows the Assignee to verify the validity and accuracy of the assigned accounts receivable before approving the factoring arrangement. 6. Obligations of the Assignor: The agreement outlines the obligations of the Assignor, such as providing accurate invoices, ensuring the validity of the assigned accounts, and cooperating in the collections process. 7. Obligations of the Assignee: Similarly, it specifies the responsibilities of the Assignee, including collecting the accounts receivable and remitting the proceeds to the Assignor after deducting fees and charges. 8. Fees and charges: The agreement details any fees and charges associated with the factoring services, such as discount fees, administrative fees, or interest rates. 9. Representations and warranties: The Assignor offers certain assurances regarding the legitimacy and accuracy of the assigned accounts receivable. This section safeguards the Assignee against potential fraud or discrepancies. 10. Confidentiality and non-compete clauses: The agreement may include provisions to protect the confidentiality of information shared between the parties and restrict the Assignor from engaging in competing factoring arrangements. 11. Termination: The agreement specifies the conditions under which either party can terminate the factoring agreement, as well as the consequences of termination. While "Pennsylvania General Form of Factoring Agreement — Assignment of Accounts Receivable" typically covers a broad spectrum of factoring arrangements, it is essential to note that there might be variations or specific forms tailored to different industries or specific needs. Some examples of such variations include Construction Factoring Agreements or Medical Factoring Agreements, which address peculiarities in those industries. Overall, the Pennsylvania General Form of Factoring Agreement — Assignment of Accounts Receivable serves as a crucial legal document that outlines the terms, obligations, and rights of the parties involved in a factoring transaction within the jurisdiction of Pennsylvania.