NATURE OF FACTORING.

Transcription

1 NATURE OF FACTORING

2 A US DEFINITION: a continuing arrangement between a factoring concern and the seller of goods or services on open account, pursuant to which the factor performs the following services with respect to the accounts receivable 1. Purchases all accounts receivable for immediate cash [Transfer of ownership; right to receive payment under law] Finance 2. Maintains the ledgers and performs other bookkeeping duties Admin 3. Collects the accounts receivable 4. Assumes losses which may arise from the customer's non-payment Admin Bad debt protection

3 UNIDROIT CONVENTION ON INTERNATIONAL FACTORING International Institute for the Unification of Private Law (Rome) DEFINITION: ANY 2 OUT OF THE FOLLOWING 4: 1. finance for the supplier, including loans and advance payments 2. maintenance of accounts (ledgering) relating to the receivables 3. collection of receivables 4. protection against default in payment by debtors

4 FEW COUNTRIES HAVE RATIFIED THE CONVENTION STILL A USEFUL BENCHMARK FOR CONCEPTS

5 UK PRACTICE: MUCH BROADER COMBINES TRADITIONAL FACTORING WITH INVOICE DISCOUNTING WILL SEE THIS IN THE FACTORING AGREEMENT TO COME

6 CONTRACTUAL AGREEMENTS Debtor has not agreed Imposed by law Payment redirected Pre-Payment Invoices Right to collect CREDIT RISK X Payment Goods

7 UK FACTORING AGREEMENT RECOURSE OPTIONS NON-RECOURSE NO DISCOUNTING DISCOUNTING DISCOUNT AT MATURITY DISCOUNT TO COLLECTION AGENCY NO AGENCY NO DISCLOSURE DISCLOSURE

8 OPTION: If the Debtor defaults RECOURSE Factor looks to Client Sells back invoice; Client must pay Client retains risk of Debtor s default Factor s credit risk is on Client NON-RECOURSE Factor accepts the risk of Debtor s default for Eligible Debts Provides Client with protection against bad debts Factor has right to collect against Debtor For Eligible Debts, Client has no risk Which option would the Client prefer? Which option would the Factor prefer?

9 RECOURSE FACTORING v INVOICE DISCOUNTING What s the difference?

10 OPTION DISCOUNT AT MATURITY DISCOUNT TO COLLECTION Discount rate charged against invoice amount from day Prepayment made until maturity date of invoice This method prevalent in US Advantage to Seller: Charge is fixed; no more charge if customer pays late Disadvantage: No benefit to Seller if customer pays early Discount rate accrues day-to-day (like an interest rate) on invoice amount from day Prepayment made until date of collection This method prevalent in UK Disadvantage to Seller: charge continues to accrue if customer pays late Advantage to Seller: Less charge is customer pays early

11 OPTION NO DISCOUNTING DISCOUNTING Client does not need financing Prepayments made to finance client s business

12 OPTION AGENCY Client continues to manage as agent Sales Ledger and collections on behalf of Factor Payment direct to Factor; or Payment to Client as trustee Advantage to Client: Minimal interference by Factor in Client s business relationships (subject to Factor s direction or ending of agency) Client must have good administration; monitor DSO and receivables aging NO AGENCY Factor takes over all responsibility for handling Sales Ledger and collections Factor interjects itself into this aspect of business relationship Advantage to Client: relief of administrative tasks Advantage for Factor: greater control

13 OPTION NO DISCLOSURE DISCLOSURE Presence of Factor not disclosed No notification of factoring to customer For clients who insist on not disturbing business relationship Factoring disclosed by notice of assignment Factor s rights preserved obtains perfected interest, I.e., can defend rights against 3 rd party claimants Disadvantage for Factor: could compromise ownership and security rights

14 Some fundamental points Finances only post-invoice contractual obligations Factor needs confidence that Debtor accepts goods There needs to be absence of continuing obligations by the client after delivery of goods

15 BENEFITS TO THE TOURISM SECTOR Possible cost savings Potentially better financing terms (extended payment providing approved by Factor)

16 COUNTRY BENEFITS Import substitution Foreign exchange reserves Local economic development

17 USE & MISUSE OF FACTORING USES MISUSES Short-term MT equipment financing Working capital financing Grow sales & business Manage receivables and credit Proceeds for capital expenditures Try to deal with existing bad debts Last resort financing (seller in trouble, desperate for funds)

18 Beginning of modern factoring USA 19 th C USA c USA rapid development of eastern seaboard Imports from Britain & Europe Sellers had no local knowledge Did not know customers Would have to keep inventories in foreign country Mercantile agents Took goods on consignment Sold on behalf of principal Some guaranteed payment to principal prescriptive right to reimburse against proceeds Practice ahead of the law

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20 FACTORING USED TO BE CONSIDERED FINANCING OF LAST RESORT HAVING BANKS LINES A SIGN OF BUSINESS VITALITY FACTORING: SIGNAL OF FINANCIAL TROUBLES?; HAVE TO HAND OVER ASSETS IN ORDER TO GET FINANCING

21 BENEFITS OF FACTORING HAVE LED TO GREATER USE AND ACCEPTANCE

22 FACTORING: DOMESTIC v INT'L Source: FCI website , , , ,486 EUR MM , , ,061 1,030,598 International Factoring Aggregate Domestic 1,153,131 1,148,

23 700,000 DOMESTIC FACTORING 600, ,000 EUR MM 400, ,000 Collections Non-Recourse Factoring Recourse Factoring Invoice Discounting 200, , Source: FCI website

24 INTERNATONAL FACTORING: THE 2 FACTOR SYSTEM ADMIN FUNDING Laws Currencies COLLECTION BAD DEBT INVOICES IPREPAYMENT PAYMENT Local market knowledge Credit information Right to collect Payment redirected PAYMENT GOODS

25 Peruvian Packaged Asparagus Producer Los Angeles, CA Financing for the Produce, Food and Agricultural Industries The situation: A 20 year-old Peruvian packaged food company, specializing in canned asparagus, needed additional working capital to adequately finance its day-to-day operations. A large portion of its sales were to very good foreign (U.S. and European) customers, however, its existing bank was not willing to provide financing on foreign receivables. The solution: AgriCap provided an international factoring agreement for the client, which gave it the liquidity necessary to comfortably finance its operations.

26 REVERSE FACTORING: BIG BUYER LOOKING FOR BETTER TERMS Debtor has not agreed Pre-Payment Invoices Imposed by law Payment redirected Right to collect X Payment Goods RF programme Mexico: Nafin on-line factoring

27 FARMER FINANCING IN THE CARIBBEAN St. Lucia: Operative programme with Oxfam GB Jamaica: Building a programme with Oxfam GB Bsrbados: Barbados Agricultural Development & Marketing Corporation & Enterprise Growth Fund Ltd