Factoring Agreement - Summary of Salient Issues

Posted by matthew begley on Mon, Aug 15, 2011

factoring agreement, spot factoring, invoice discounting, invoice factoring A factoring agreement is a legal document between two parties.  

  • A factoring company, and 2.) a commercial entity. The purpose of the contract is to describe the legal relationship between a factoring company and it's customer.


The following is a summary of the most important things to the factoring contract.

Please understand that what follows is for informational purposes only and is not intended take the place of competent counsel. Before signing any legal document, you must obtain advice from a lawyer with specific experience in the field for the document you are planning to sign.

Fees and charges: - There should be a section in the agreement that describes what they feel will be charged. If it turns out that not all in one research department of the document for words like "interest", "taxes", "fresh", "minimum", etc. This should bring up all applicable fees to your account. Generally you will be charged an amount based on the time it takes your customer to pay. This can be described as an interest rate or discount amounts. If a discount amount will understand that the cost to the inverse of the discount rate. If the amount of your refund if the 18% will be charged 2%. The most important thing to note is that most factors support a monthly minimum. This means that if you do not have to factor invoices in a month to cover the minimum will be charged the difference between the amount that you factor and a minimum. Pay attention to expenses over the maintenance costs of security management and audit fees.

Safety Act - the holding company that intends to do with security for the company. Or is it a lien on your assets and income from your assets, or any constraints on the properties. If you do not have other secured lenders, like all the property, a lien is not unusual.

Warranty - Most likely you will be asked to personally guarantee advance that the factoring company is against the claims. Even the non-use can ensure that the advanced levels, if they are not paid for any reason, the financial inability of the customer.

Advance - The speed is likely to be included in your contract "to" rates, something like "finance can offer advances on their accounts receivable at a rate equal to 80% up t0 remember Certainly, the factors are lenders discretion. factoring contracts. are written so that the only factors to progress at their discretion. Unlike a loan of factors involved are not required in advance and may choose to advance unless the amount in the contract factoring.

Ineligible - The tone of the discretionary factors factoring contract may be allowed to make claims that they choose. I am trying to influence specific as possible in writing the criteria they use to do the accounts of the author are not eligible. Normal eligible accounts include national and international clients, customers, factoring transactions, the customer, and the amounts due.

Amendment, the lawyer - All contracts for factoring the factor giving your limited power of attorney to act on your behalf regarding your claims. This power includes the authority to endorse checks and power to resolve complaints from customers on their behalf.

Reports - A number of factors may require monthly reports to you. This could include monthly financial statements, accounts payable aging reports, customer lists, etc. Make sure you know exactly what the information requirements, which can incur late fees if there is no time.

Do not hesitate to contact one of the professional factoring 888.833.2286 if you have the most profound questions about the agreement that you are going to sign, and free to subscribe to blogs on factoring.

When you try to calculate the total cost of factoring is sure to add that all these part of your expense. They may be less than the interest or discount amounts.

Tags: Invoice Factoring, Accounts Receivable Factoring