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FACTORING
PREPARED BY- P. SAI PRATHYUSHA
1ST
M.COM
BUSINESS FINANCE
PONDICHERRY UNIVERSITY
1
FACTORING
Introduction:
Receivables constitute a significant portion of current assets of a firm. But, for
investment in receivables, a firm has to incur certain costs such as costs of financing
receivables and costs of collection from receivables. Further, there is a risk of bad
debts also. It is, therefore, very essential to have a proper control and management
of receivables. In fact, maintaining of receivables poses two types of problems;
(i) the problem of raising funds to finance the receivables, and
(ii) the problems relating to collection, delays and defaults of the receivables.
A small firm’ may handle the problem of receivables management of its own, but it
may not be possible for a large firm to do so efficiently as it may be exposed to the
risk of more and more bad debts. In such a case, a firm may avail the services of
specialised institutions engaged in receivables management, called factoring firms.
History:
At the instance of RBI, a Committee headed by Shri C. S. Kalyan Sundaram went into
the aspects of factoring services in India in 1988, which formed the basis for
introduction of factoring services in India. SBI established, in 1991, a subsidiary- SBI
Factors Limited with an authorized capital of Rs. 25 crores to undertake factoring
services covering the western zone.
Meaning and Definition:
The term “Factor” has been derived from the Latin word “Facere” which means “to
make or to do or to get things done”. Factoring may broadly be defined as the
relationship, created by an agreement, between the seller of goods/services and a
financial institution called factor, whereby the later purchases the receivables of the
former and also controls and administers the receivables of the former.
Factoring may also be defined as a continuous legal relationship between financial
institution (the factor) and a business concern selling goods and/or providing service
(the client) to a trade customer on an open account basis, whereby the factor
purchases the client’s book debts (account receivables) with or without recourse to
the client - thereby controlling the credit extended to the customer and also
undertaking to administer the sales ledgers relevant to the transaction.
According to the report submitted to the RBI by Mr C. S Kalyan Sundaram,
factoring as, “a continuing arrangement under which a financing institution assumes
the credit and collection functions for its client, purchase receivables as they arise
(with or without recourse for credit losses, i.e.; the customer’s financial ability to pay),
maintains the sales ledger, attends to other book- keeping duties relating to such
accounts and performs other auxiliary functions.”
2
Thus, factoring is an arrangement or agreement between two parties( a firm and a
factor), in which to collect or purchase the book debts of the firm by the factor, for a
commission or profit.
The term” factoring” has been defined in various countries in different ways due to
non-availability of any uniform codified law. The study group appointed by
International Institute for the Unification of Private Law (UNIDROIT), Rome during
1988 recommended, in simple words, the definition of factoring as under: “Factoring
means an arrangement between a factor and his client which includes at least two of
the following services to be provided by the factor:
• Finance
• Maintenance of accounts
• Collection of debts
• Protection against credit risks”.
The above definition, however, applies only to factoring in relation to supply of goods
and services in respect of the following:
i. To trade or professional debtors
ii. Across national boundaries
iii. When notice of assignment has been given to the debtors.
The development of factoring concept in various developed countries of the world has
led to some consensus towards defining the term. Factoring can broadly be defined
as an arrangement in which receivables arising out of sale of goods or services are
sold to the “factor” as a result of which the title to the goods/services represented by
the said receivables passes on to the factor. Hence the factor becomes responsible
for all credit control, sales accounting and debt collection from the buyer (s).
Terminology Used:
The common terminology used in a factoring transaction are as follows:
• Client He is also known as supplier. It may be a business institution supplying
the goods/services on credit and availing of the factoring arrangements.
• Customer A person or business organisation to whom the goods/ services have
been supplied on credit. He may also be called as debtor.
• Account receivables Any trade debt arising from the sale of goods/ services
by the client to the customer on credit.
• Open account sales Where in an arrangement goods/services are
sold/supplied by the client to the customer on credit without raising any bill of
exchange or promissory note.
• Eligible debt Debts, which are approved by the factor for making prepayment.
• Retention Margin maintained by the factor.
• Prepayment An advance payment made by the factor to the client up to a
certain percent of the eligible debts.
3
Characteristics of factoring:
❖ Factoring is an arrangement between financial institutions and a business concern.
❖ It is an activity of selling the firm’s receivables to a factoring organisation.
❖ Book debts are assigned in favour of a factor.
❖ Factoring is not a negotiable instrument.
❖ Factor acts as a collection agent or representative of the firm.
❖ Factor charges commission or gets discount on the book debts.
❖ Factor can get a margin in the range of 5% to 20%.
❖ The normal period of factoring is 90 – 150 days and rarely exceeds 150 days.
❖ Factoring is not possible in case of bad debts.
❖ Credit rating is not mandatory.
❖ Factoring can be with or without recourse to the seller on non- payment by the
buyers.
❖ It is a method of “off balance sheet” financing.
❖ Cost of factoring is always equal to finance cost plus operating cost.
Nature of Factoring:
Factoring is a tool of receivable management employed to release funds tied up in
credit extended to customers.
1. Factoring is a service of financial nature involving the conversion of credit bills into
cash. Accounts receivables, bills recoverable and other credit dues resulting from
credit sales appear in the books of account as book credits.
2. The risk associated with credit are taken over by the factor which purchases these
credit receivables without recourse and collects them when due.
3. A factor performs at least two of the following functions:
• Provides finance for the supplier including loans and advance payments.
• Maintains accounts, ledgers relating to receivables.
• Collects receivables.
• Protects risk of default in payments by debtors.
4. A factor is a financial institution which offers service relating to management and
financing of debts arising out of credit sales. It acts as another financial intermediary
between the buyer and seller.
5. Unlike a bank, a factor specialises in handling and collecting receivables in an
efficient manner. Payments are received by the factor directly since the invoices are
assigned in favour of the factor.
6. Factor is responsible for sales accounting, debt collection and credit control
protection from bad debts, and rendering of advisory services to their clients.
7. Factoring is a tool of receivables management employed to release funds tied up
in credit extended to customers and to solve the problems relating to collection, delays
and defaults of the receivables.
4
Functions of a Factor:
The purchase of book debts or receivables is central to the function of factoring
permitting the factor to provide basic services such as:
1. Administration of sellers’ sales ledger.
2. Collection of receivables purchased.
3. Provision of finance.
4. Protection against risk of bad debts/credit control and credit protection.
5. Rendering advisory services by virtue of their experience in financial dealings with
customers.
These are explained as under.
1. Administration of Sales Ledger:
The factor assumes the entire responsibility of administering sales ledger. The factor
maintains sales ledger in respect of each client. When the sales transaction takes
place, an invoice is prepared in duplicate by the client, one copy is given to customer
and second copy is sent to the factor. Entries are made in the ledger on open-item
method. Each receipt is matched against the specific invoice. On any given date, the
customer account indicates the various open invoices outstanding. Periodic reports
are sent by factor to the client with respect to current status of receivables and amount
received from customers. Depending upon the volume of transactions, the periodicity
of report is decided. Thus, the entire sales ledger administration responsibility of the
client gets transferred to the factor. He performs the following functions with regard to
the administration of sales ledger:
i. He ensures that invoices raised represent genuine trade transactions in respect of
goods sold or services provided.
ii. He updates the sales ledger with latest invoices raised and cash received.
iii. He ensures that monthly statements are sent to the debtors, efforts are made to
collect the dues on the due dates through an efficient mechanism of personal contacts,
issuance of reminders, telephone messages etc.
iv. He remits the retention to the clients after collection of the dues. Where the factoring
is operating on Fixed Maturity Period (FMP) basis, the factor is to ensure that the client
is paid the retention money at the expiry of the said period.
v. He establishes close links with the client and the customers to resolve the various
disputes raised in respect of quantity or quality of the goods/services supplied besides
the unauthorised discounts claimed or deducted by the debtors while making
payment.
vi. He reviews the financial strength of the debtors at periodic intervals to ensure
collectability of debts.
vii. He submits at periodic intervals the reports containing information as to the details
of overdue unpaid invoices, disputes, legal cases etc. to the client.
5
2. Collection of Receivables:
The factor helps the client in adopting better credit control policy. The main functions
of a factor are to collect the receivables on behalf of the client and to relieve him from
all the botheration’s/ problems associated with the collection. This way the client can
concentrate on other major areas of his business on one hand and reduce the cost of
collection by way of savings in labour, time and efforts on the other hand. The factor
possesses trained and experienced personnel, sophisticated infrastructure and
improved technology which helps him to make timely demands on the debtors to make
payments.
3. Provision of Finance:
Finance, which is the lifeblood of a business, is made available easily by the factor to
the client. A factor purchases the book debts of his client and debts are assigned in
favour of the factor. 75% to 80 percent of the assigned debts is given as an advance
to the client by the factor.
a. Where an agreement is entered into between the client (seller) and the c factor for
the purchase of receivables without recourse, the factor becomes responsible to the
seller on the due date of the invoice whether or not the buyer makes the payment to
the factor.
b. Where the debts are factored with recourse- the client has to refund the full finance
amount provided by the factor in case the buyer fails to make the payment on due
date.
4. Protection Against Risk:
This service is provided where the debts are factored without recourse. The factor
fixes the credit limits (i.e. the limit up to which the client can sell goods to customers)
in respect of approved customers. Within these limits the factor undertakes to
purchase all trade debts and assumes risk of default in payment by the customers.
The factor not only relieves the client from the collection work but also advises the
client on the creditworthiness of potential customers. Thus, the factor helps the client
in adopting better credit control policy. The credit standing of the customer is assessed
by the factors on the basis of information collected from credit rating reports, bank
reports, trade reference, financial statement analysis and by calculating the important
ratios in respect of liquidity and profitability position.
5. Advisory Services:
These services arise out of the close relationship between a factor and a client. Since
the factors have better knowledge and wide experience in field of finance, and
possess extensive credit information about customer’s standing, they provide various
advisory services on the matters relating to :
a. Customer’s preferences regarding the client’s products.
b. Changes in marketing policies/strategies of the competitors.
6
c. Suggest improvements in the procedures adopted for invoicing, delivery and sales
return.
d. Helping the client for raising finance from banks/financial institutions, etc. The factor
provides his client with a periodical statement on the sanctioned limit, utilised credit
and balance outstanding. The following data is provided regularly:
I. List of book debts taken over
II. Book debts realised
III. Age-wise classification of the debts
IV. Debts collected and due for collection
V. Debts purchased with recourse or without recourse etc.
Mechanism of Factoring:
Factoring business is generated by credit sales in the normal course business. The
main function of factor is realisation of sales. Once the transaction takes place, the
role of factor step in to realise the sales/collect receivables. Thus, factor act as an
intermediary between the seller and till and sometimes along with the seller’s bank
together.
The mechanism of factoring is summed up as below:
• An agreement is entered into between the selling firm and the firm. The
agreement provides the basis and the scope understanding reached between
the two for rendering factor service.
• The sales documents should contain the instructions to make payment directly
to the factor who is assigned the job of collection of receivables.
• When the payment is received by the factor, the account of the firm is credited
by the factor after deducting its fees, charges, interest etc. as agreed.
• The factor may provide advance finance to the selling firm conditions of the
agreement so require.
7
A.)The firm gets an order of purchase of goods/ services on credit through its
customer.
B.)Firm sends goods or services and invoice to his customer (debtor) and the
firm may inform or direct that the invoice is assigned to and must be paid to
a factor.
C.)Firm sends invoice to the factor, along with other valid proof of dispatch.
D.)Factor provides pre- payment to the client, it can be up to 80- 90 % of the
invoice value.
E.)Factor follows up with the customers for realisation of payment due.
F.) Debtor pays money to the factor on the due date (i.e.; factor collects the
book debts)
G.) Factor makes the balance payment of the invoice value to the client.
Parties to the Factoring
There are basically three parties involved in a factoring transaction.
1. The buyer of the goods.
2. The seller of the goods
3. The factor i.e. financial institution.
The three parties interact with each other during the purchase/ sale of goods. The
possible procedure that may be followed is summarised below:
The Buyer:
1. The buyer enters into an agreement with the seller and negotiates the terms and
conditions for the purchase of goods on credit.
2. He takes the delivery of goods along with the invoice bill and instructions from the
seller to make payment to the factor on due date.
3. Buyer will make the payment to the factor in time or ask for extension of time. In
case of default in payment on due date, he faces legal action at the hands of factor.
The Seller:
8
1. The seller enters into contract for the sale of goods on credit as per the purchase
order sent by the buyer stating various terms and conditions.
2. Sells goods to the buyer as per the contract.
3. Sends copies of invoice, delivery challan along with the goods to the buyer and
gives instructions to the buyer to make payment on due date.
4. The seller sells the receivables received from the buyer to a factor and receives
80% or more payment in advance.
5. The seller receives the balance payment from the factor after paying the service
charges.
The Factor:
1. The factor enters into an agreement with the seller for rendering factor services i.e.
collection of receivables/debts.
2. The factor pays 80% or more of the amount of receivables copies of sale
documents.
3. The factor receives payments from the buyer on due dates and pays the balance
money to the seller after deducting the service charges.
Types of Factoring:
A number of factoring arrangements are possible depending upon the agreement
reached between the selling firm and the factor. The most common feature of
practically all the factoring transactions is collection of receivables and administration
of sale ledger. However, following are some of the important types of factoring
arrangements.
1. Recourse and Non-recourse Factoring:
In a recourse factoring arrangement, the factor has recourse to the client (selling firm)
if the receivables purchased turn out to be bad, Let the risk of bad debts is to be borne
by the client and the factor does not assume credit risks associated with the
receivables. Thus, the factor acts as an agent for collection of bills and does not cover
the risk of customer’s failure to pay debt or interest on it. The factor has a right to
recover the funds from the seller client in case of such defaults as the seller takes the
risk of credit and creditworthiness of buyer. The factor charges the selling firm for
maintaining the sales ledger and debt collection services and also charges interest on
the amount drawn by the client (selling firm) for the period i.e.; it is charged from the
date of advance to the date of collection. Upto 75% to 80% of the invoice receivable
is factored. The factor purchases the receivables on the condition that loss arising on
account of non- recovery will be borne by the client (seller firm). The credit risk is with
the client. The factor does not participate in the credit sanction process.
Whereas, in case of non-recourse factoring, the risk or loss on account of non-
payment by the customers of the client is to be borne by the factor and he cannot
claim this amount from the selling firm. Since the factor bears the risk of non-payment
i.e.; the credit risk is with the factor, commission or fees charged for the services in
9
case of nonrecourse factoring is higher than under the recourse factoring. The
additional fee charged by the factor for bearing the risk of bad debts/non-payment on
maturity is called del credere commission. The factor purchases receivables on the
condition that the factor has no resource to the client, if the debt turns out to be non-
recoverable. Factor participates in credit sanction process and approves credit limit
given by the client to the customer.
2. Advance and Maturity Factoring:
Under advance factoring arrangement, the factor pays only a certain percentage
(between 75 % to 90 %) of the receivables in advance to the client, the balance being
paid on the guaranteed payment date. As soon as factored receivables are approved,
the advance amount is made available to the client by the factor. The factor charges
discount/interest on the advance payment from the date of such payment to the date
of actual collection of receivables by the factor. The rate of discount/interest is
determined on the basis of the creditworthiness of the client, volume of sales and
prevailing short-term rate. Sometimes, banks also participate in factoring transactions.
A bank agrees to provide an advance to the client to finance a part say 50% of the
(factored receivables - advance given by the factor).
For eg: Assume total value of the factored debt/receivable is Rs. 100 A factor finances
80 % of the debt. Rs. 80 Balance value of debt Rs. 20 Say, bank finances 50% of the
balance i.e. Rs. 10. Thus, the factor and the bank will make a pre-payment of Rs. 90
(i.e. 90% of the debt) and the client’s share is only 10% of the investment in
receivables.
In case of maturity factoring, no advance is paid to client and the payment is made to
the client only on collection of receivables or the guaranteed payment date as the case
may be agreed between the parties. The guaranteed date is usually fixed taking into
account previous collection experience of the client. Thus, maturity factoring consists
of the sale of accounts receivables to a factor with no payment of advance funds at
the time of sale. A nominal commission is charged and there is no risk to the factor.
3. Conventional or Full Factoring:
Under this system the factor performs almost all services of collection of receivables,
maintenance of sales ledger, credit collection, credit control and credit insurance. The
factor also fixes up a draw limit based on the bills outstanding maturity wise and takes
the corresponding risk of default or credit risk and the factor will have claims on the
debtor as also the client creditor. It is also known as Old Line Factoring. Number of
other varieties of services such as maturity-wise bills collection, maintenance of
accounts, advance granting of limits to a limited discounting of invoices on a selective
basis are provided. In advanced countries, all these methods are popular but in India
only a beginning has been made. Factoring agencies like SBI Factors are doing full
factoring for good companies with recourse.
10
4. Domestic and Export Factoring:
The basic difference between the domestic and export factoring is on account of the
number of parties involved. In the domestic factoring three parties are involved,
namely:
1. Customer (buyer)
2. Client (seller)
3. Factor (financial intermediary)
All the three parties reside in the same country. Export factoring is also termed as
cross-border/international factoring and is almost similar to domestic factoring except
that there are four parties to the factoring transaction. Namely, the exporter (selling
firm or client), the importer or the customer, the export factor and the import factor.
Since, two factors are involved in the export factoring, it is also called two-factor
system of factoring. Two factor system results in two separate but inter-related
contracts:
1. between the exporter (client) and the export factor.
2. export factor and import factor.
• Exporter (client) enters into the factoring arrangement with export factor in his
country and assigns to him export receivables.
• The export factor enters into an arrangement with the import factor and has an
arrangement for credit evaluation and collection of payment for an agreed fee.
• Notation is made on the invoice that importer has to make the payment to the
import factor.
• Import factor collects payments and remits to export factor who passes on the
proceeds to the exporter after adjusting his advance, if any.
• Where foreign currency is involved, factor cover the exchange risk also.
The import factor acts as a link between export factor and the importer helps in solving
the problem of legal formalities and of language. He also assumes customer trade
credit risk, and agrees to collect receivables and transfer funds to the export factor in
the currency of the invoice. Export/International factoring provides a non-recourse
factoring deal. The exporter has 100 % protection against bad debts loss arising on
account of credit sales.
5. Limited Factoring:
Under limited factoring, the factor discounts only certain invoices on selective basis
and converts credit bills into cash in respect of those bills only.
6. Selected Seller Based Factoring:
The seller sells all his accounts receivables to the factor along with invoice delivery
challans, contracts etc. after invoicing the customers. The factor performs all functions
of maintaining the accounts, collecting the debts, sending reminders to the buyers and
do all consequential and incidental functions for the seller. The sellers are normally
approved by the factor before entering into factoring agreement.
11
7. Selected Buyer Based Factoring:
The factor first of all selects the buyers on the basis of their goodwill and
creditworthiness and prepares an approved list of them. The approved buyers of a
company approach the factor for discounting their purchases of bills receivables
drawn in the favour of the company in question (i.e. seller). The factor discounts the
bills without recourse to seller and makes the payment to the seller.
8. Disclosed and Undisclosed Factoring:
In disclosed factoring, the name of the factor is mentioned in the invoice by the supplier
telling the buyer to make payment to the factor on due date. However, the supplier
may continue to bear the risk of bad debts (i.e. non-payments) without passing to the
factor. The factor assumes the risk only under nonrecourse factoring agreements.
Generally, the factor lays down a limit within which it will work as a non-recourse.
Beyond this limit the dealings are done on recourse basis i.e. the seller bears the risk.
Under undisclosed factoring, the name of the factor is not disclosed in the invoice. But
still the control lies with the factor. The factor maintain sales ledger of the seller of
goods, provides short-term finance against the sales invoices but the entire
transactions take place in the name of the supplier company (seller).
9. Invoice discounting:
The factor provides finance through discounting the bills. The rate of discount is based
on the market trends.
10. Full Servicing Factoring:
It is also known as without recourse factoring service. It offers all types of services
such as finance, sales ledger administration, collection, debt protection and advisory
services. Its speciality is that it gives protection to the client against bad debts.
11. Advance Factoring:
The factor makes an advance payment to the client. The advance payment covers
70% to 80% of the receivables which are factored. The factor collects interest on the
advance payments made. The balance amount is settled to his client on the date of
maturity.
12. Agency Discounting:
This kind of factoring, the factor provides only financing facility and protection against
bad debt. The other services such as maintenance of sales ledger and carrying out
the collection of book debts etc are not provided.
13. Bank Participation factoring:
In this system of factoring, the factor arranges an advance amount from a bank. For
this service the factor pays interest to the bank and makes the advance to the client.
12
Cost of Services:
The factor provides various services at some charge in the form of a commission
expressed as a value of debt purchased. It is collected in advance. The commission
is in the form of interest charged for the period between the date of advance payment
and date of collection/guarantee payment date for short term financing as advance
part payment. It is also known as discount charge.
The cost of factoring services primarily comprises of the following two components:
1. Administrative charges /factoring fees:
This is charged towards providing various services to the clients namely
(a) sales ledger administration
(b) credit control including processing, operational overheads and collection of Debts
(c) providing, protection against bad debts.
This charge is usually some percent of the projected sales turnover of the client for
the next twelve months. It varies between 1 to 2.5 percent of the projected turnover.
The quantum of charged depends upon the following factors.
a. Type of industry
b. Financial strength of the client as well as of the debtors
c. Volume of sales
d. Average invoice value
e. Terms of trade
f. Type(s) of service(s) offered
g. Required profit margin to the factor
h. Extent of competition
i. Security to the factor etc.
2. Discount charges:
This is levied towards providing instant credit to the client by way of prepayment. This
is normally linked with the base rate of the parent company or the bank from which
the factoring institution is borrowing money, say, 1 to 2.5 percent above the said rate.
Advantages of Factoring:
Factoring is becoming popular all over the world on account of various services offered
by the institutions engaged in it. Factors render services ranging from bill discounting
facilities offered by the commercial banks to total takeover of administration of credit
sales including maintenance of sales ledger, collection of accounts receivables, credit
control, protection from bad debts, provision of finance and rendering of advisory
services to their clients. Thus, factoring is a tool of receivables management employed
to release the funds tied up in credit extended to customers and to solve problems
relating to collection, delays and defaults of the receivables. A firm that enters into
13
factoring agreement is benefited in a number of ways, some of the important benefits
are outlined below:
1. The factors provides specialised services with regard to sales ledger administration
and credit control and relieves the client from the botheration of debt collection. He
can concentrate on the other major areas of his business and improve his efficiency.
2. The advance payments made by the factor to the client in respect of the bills
purchased increase his liquid resources. He is able to meet his liabilities as and when
they arise thus improving his credit standing position before suppliers, lenders and
bankers. The factor’s assumption of credit risk relieves him from the tension of bad
debt losses. The client can take steps to reduce his reserve for bad debts.
3. It provides flexibility to the company to decide about extending better terms to their
customers.
4. The company itself is in a better position to meet its commitments more promptly
due to improved cash flows.
5. Enables the company to meet seasonal demands for cash whenever required.
6. Better purchase planning is possible. Availability of cash helps the company to avail
cash discounts on its purchases.
7. As it is an off-balance sheet finance, thus it does not affect the financial structure.
This would help in boosting the efficiency ratios such as return on asset etc.
8. Saves the management time and effort in collecting the receivables and in sales
ledger management.
9. Where credit information is also provided by the factor, it helps the company to
avoid bad debts.
10. It ensures better management of receivables as factor firm is specialised agency
for the same. The factor carries out assessment of the client with regard to his
financial, operational and managerial capabilities whether his debts are collectable
and viability of his operations. He also assesses the debtor regarding the nature of
business, vulnerability of his operations; and assesses the debtor regarding the nature
of business, vulnerability to seasonality, history of operations, the term of sales, the
track record and bank report available on the past history.
Limitations of Factoring:
The above listed advantages do not mean that the factoring operations are totally free
from any limitation. The attendant risk itself is of very high degree. Some of the main
limitations of such transactions are listed below:
1. It may lead to over-confidence in the behaviour of the client resulting in over-trading
or mismanagement.
2 The risk element in factoring gets accentuated due to possible fraudulent acts by
the client in furnishing the main instrument “invoice” to the factor. Invoicing against
non-existent goods, pre-invoicing (i.e. invoicing before physical dispatch of goods),
14
duplicate-invoicing (i.e. making more than one invoice in respect of single transaction)
are some commonly found frauds in such operations, which had put many factors into
difficulty in late 50’s all over the world.
3. Lack of professionalism and competence, underdeveloped expertise, resistance to
change etc. are some of the problems which have made factoring services unpopular.
4. Rights of the factor resulting from purchase of trade debts are uncertain, not as
strong as that in bills of exchange and are subject to settlement of discounts, returns
and allowances.
5. Small companies with lesser turnover, companies having high concentration on a
few debtors, companies with speculative business, companies selling a large number
of products of various types to general public or companies having large number of
debtors for small amounts etc. may not be suitable for entering into factoring contracts.

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FACTORING BY P. SAI PRATHYUSHA

  • 1. FACTORING PREPARED BY- P. SAI PRATHYUSHA 1ST M.COM BUSINESS FINANCE PONDICHERRY UNIVERSITY
  • 2. 1 FACTORING Introduction: Receivables constitute a significant portion of current assets of a firm. But, for investment in receivables, a firm has to incur certain costs such as costs of financing receivables and costs of collection from receivables. Further, there is a risk of bad debts also. It is, therefore, very essential to have a proper control and management of receivables. In fact, maintaining of receivables poses two types of problems; (i) the problem of raising funds to finance the receivables, and (ii) the problems relating to collection, delays and defaults of the receivables. A small firm’ may handle the problem of receivables management of its own, but it may not be possible for a large firm to do so efficiently as it may be exposed to the risk of more and more bad debts. In such a case, a firm may avail the services of specialised institutions engaged in receivables management, called factoring firms. History: At the instance of RBI, a Committee headed by Shri C. S. Kalyan Sundaram went into the aspects of factoring services in India in 1988, which formed the basis for introduction of factoring services in India. SBI established, in 1991, a subsidiary- SBI Factors Limited with an authorized capital of Rs. 25 crores to undertake factoring services covering the western zone. Meaning and Definition: The term “Factor” has been derived from the Latin word “Facere” which means “to make or to do or to get things done”. Factoring may broadly be defined as the relationship, created by an agreement, between the seller of goods/services and a financial institution called factor, whereby the later purchases the receivables of the former and also controls and administers the receivables of the former. Factoring may also be defined as a continuous legal relationship between financial institution (the factor) and a business concern selling goods and/or providing service (the client) to a trade customer on an open account basis, whereby the factor purchases the client’s book debts (account receivables) with or without recourse to the client - thereby controlling the credit extended to the customer and also undertaking to administer the sales ledgers relevant to the transaction. According to the report submitted to the RBI by Mr C. S Kalyan Sundaram, factoring as, “a continuing arrangement under which a financing institution assumes the credit and collection functions for its client, purchase receivables as they arise (with or without recourse for credit losses, i.e.; the customer’s financial ability to pay), maintains the sales ledger, attends to other book- keeping duties relating to such accounts and performs other auxiliary functions.”
  • 3. 2 Thus, factoring is an arrangement or agreement between two parties( a firm and a factor), in which to collect or purchase the book debts of the firm by the factor, for a commission or profit. The term” factoring” has been defined in various countries in different ways due to non-availability of any uniform codified law. The study group appointed by International Institute for the Unification of Private Law (UNIDROIT), Rome during 1988 recommended, in simple words, the definition of factoring as under: “Factoring means an arrangement between a factor and his client which includes at least two of the following services to be provided by the factor: • Finance • Maintenance of accounts • Collection of debts • Protection against credit risks”. The above definition, however, applies only to factoring in relation to supply of goods and services in respect of the following: i. To trade or professional debtors ii. Across national boundaries iii. When notice of assignment has been given to the debtors. The development of factoring concept in various developed countries of the world has led to some consensus towards defining the term. Factoring can broadly be defined as an arrangement in which receivables arising out of sale of goods or services are sold to the “factor” as a result of which the title to the goods/services represented by the said receivables passes on to the factor. Hence the factor becomes responsible for all credit control, sales accounting and debt collection from the buyer (s). Terminology Used: The common terminology used in a factoring transaction are as follows: • Client He is also known as supplier. It may be a business institution supplying the goods/services on credit and availing of the factoring arrangements. • Customer A person or business organisation to whom the goods/ services have been supplied on credit. He may also be called as debtor. • Account receivables Any trade debt arising from the sale of goods/ services by the client to the customer on credit. • Open account sales Where in an arrangement goods/services are sold/supplied by the client to the customer on credit without raising any bill of exchange or promissory note. • Eligible debt Debts, which are approved by the factor for making prepayment. • Retention Margin maintained by the factor. • Prepayment An advance payment made by the factor to the client up to a certain percent of the eligible debts.
  • 4. 3 Characteristics of factoring: ❖ Factoring is an arrangement between financial institutions and a business concern. ❖ It is an activity of selling the firm’s receivables to a factoring organisation. ❖ Book debts are assigned in favour of a factor. ❖ Factoring is not a negotiable instrument. ❖ Factor acts as a collection agent or representative of the firm. ❖ Factor charges commission or gets discount on the book debts. ❖ Factor can get a margin in the range of 5% to 20%. ❖ The normal period of factoring is 90 – 150 days and rarely exceeds 150 days. ❖ Factoring is not possible in case of bad debts. ❖ Credit rating is not mandatory. ❖ Factoring can be with or without recourse to the seller on non- payment by the buyers. ❖ It is a method of “off balance sheet” financing. ❖ Cost of factoring is always equal to finance cost plus operating cost. Nature of Factoring: Factoring is a tool of receivable management employed to release funds tied up in credit extended to customers. 1. Factoring is a service of financial nature involving the conversion of credit bills into cash. Accounts receivables, bills recoverable and other credit dues resulting from credit sales appear in the books of account as book credits. 2. The risk associated with credit are taken over by the factor which purchases these credit receivables without recourse and collects them when due. 3. A factor performs at least two of the following functions: • Provides finance for the supplier including loans and advance payments. • Maintains accounts, ledgers relating to receivables. • Collects receivables. • Protects risk of default in payments by debtors. 4. A factor is a financial institution which offers service relating to management and financing of debts arising out of credit sales. It acts as another financial intermediary between the buyer and seller. 5. Unlike a bank, a factor specialises in handling and collecting receivables in an efficient manner. Payments are received by the factor directly since the invoices are assigned in favour of the factor. 6. Factor is responsible for sales accounting, debt collection and credit control protection from bad debts, and rendering of advisory services to their clients. 7. Factoring is a tool of receivables management employed to release funds tied up in credit extended to customers and to solve the problems relating to collection, delays and defaults of the receivables.
  • 5. 4 Functions of a Factor: The purchase of book debts or receivables is central to the function of factoring permitting the factor to provide basic services such as: 1. Administration of sellers’ sales ledger. 2. Collection of receivables purchased. 3. Provision of finance. 4. Protection against risk of bad debts/credit control and credit protection. 5. Rendering advisory services by virtue of their experience in financial dealings with customers. These are explained as under. 1. Administration of Sales Ledger: The factor assumes the entire responsibility of administering sales ledger. The factor maintains sales ledger in respect of each client. When the sales transaction takes place, an invoice is prepared in duplicate by the client, one copy is given to customer and second copy is sent to the factor. Entries are made in the ledger on open-item method. Each receipt is matched against the specific invoice. On any given date, the customer account indicates the various open invoices outstanding. Periodic reports are sent by factor to the client with respect to current status of receivables and amount received from customers. Depending upon the volume of transactions, the periodicity of report is decided. Thus, the entire sales ledger administration responsibility of the client gets transferred to the factor. He performs the following functions with regard to the administration of sales ledger: i. He ensures that invoices raised represent genuine trade transactions in respect of goods sold or services provided. ii. He updates the sales ledger with latest invoices raised and cash received. iii. He ensures that monthly statements are sent to the debtors, efforts are made to collect the dues on the due dates through an efficient mechanism of personal contacts, issuance of reminders, telephone messages etc. iv. He remits the retention to the clients after collection of the dues. Where the factoring is operating on Fixed Maturity Period (FMP) basis, the factor is to ensure that the client is paid the retention money at the expiry of the said period. v. He establishes close links with the client and the customers to resolve the various disputes raised in respect of quantity or quality of the goods/services supplied besides the unauthorised discounts claimed or deducted by the debtors while making payment. vi. He reviews the financial strength of the debtors at periodic intervals to ensure collectability of debts. vii. He submits at periodic intervals the reports containing information as to the details of overdue unpaid invoices, disputes, legal cases etc. to the client.
  • 6. 5 2. Collection of Receivables: The factor helps the client in adopting better credit control policy. The main functions of a factor are to collect the receivables on behalf of the client and to relieve him from all the botheration’s/ problems associated with the collection. This way the client can concentrate on other major areas of his business on one hand and reduce the cost of collection by way of savings in labour, time and efforts on the other hand. The factor possesses trained and experienced personnel, sophisticated infrastructure and improved technology which helps him to make timely demands on the debtors to make payments. 3. Provision of Finance: Finance, which is the lifeblood of a business, is made available easily by the factor to the client. A factor purchases the book debts of his client and debts are assigned in favour of the factor. 75% to 80 percent of the assigned debts is given as an advance to the client by the factor. a. Where an agreement is entered into between the client (seller) and the c factor for the purchase of receivables without recourse, the factor becomes responsible to the seller on the due date of the invoice whether or not the buyer makes the payment to the factor. b. Where the debts are factored with recourse- the client has to refund the full finance amount provided by the factor in case the buyer fails to make the payment on due date. 4. Protection Against Risk: This service is provided where the debts are factored without recourse. The factor fixes the credit limits (i.e. the limit up to which the client can sell goods to customers) in respect of approved customers. Within these limits the factor undertakes to purchase all trade debts and assumes risk of default in payment by the customers. The factor not only relieves the client from the collection work but also advises the client on the creditworthiness of potential customers. Thus, the factor helps the client in adopting better credit control policy. The credit standing of the customer is assessed by the factors on the basis of information collected from credit rating reports, bank reports, trade reference, financial statement analysis and by calculating the important ratios in respect of liquidity and profitability position. 5. Advisory Services: These services arise out of the close relationship between a factor and a client. Since the factors have better knowledge and wide experience in field of finance, and possess extensive credit information about customer’s standing, they provide various advisory services on the matters relating to : a. Customer’s preferences regarding the client’s products. b. Changes in marketing policies/strategies of the competitors.
  • 7. 6 c. Suggest improvements in the procedures adopted for invoicing, delivery and sales return. d. Helping the client for raising finance from banks/financial institutions, etc. The factor provides his client with a periodical statement on the sanctioned limit, utilised credit and balance outstanding. The following data is provided regularly: I. List of book debts taken over II. Book debts realised III. Age-wise classification of the debts IV. Debts collected and due for collection V. Debts purchased with recourse or without recourse etc. Mechanism of Factoring: Factoring business is generated by credit sales in the normal course business. The main function of factor is realisation of sales. Once the transaction takes place, the role of factor step in to realise the sales/collect receivables. Thus, factor act as an intermediary between the seller and till and sometimes along with the seller’s bank together. The mechanism of factoring is summed up as below: • An agreement is entered into between the selling firm and the firm. The agreement provides the basis and the scope understanding reached between the two for rendering factor service. • The sales documents should contain the instructions to make payment directly to the factor who is assigned the job of collection of receivables. • When the payment is received by the factor, the account of the firm is credited by the factor after deducting its fees, charges, interest etc. as agreed. • The factor may provide advance finance to the selling firm conditions of the agreement so require.
  • 8. 7 A.)The firm gets an order of purchase of goods/ services on credit through its customer. B.)Firm sends goods or services and invoice to his customer (debtor) and the firm may inform or direct that the invoice is assigned to and must be paid to a factor. C.)Firm sends invoice to the factor, along with other valid proof of dispatch. D.)Factor provides pre- payment to the client, it can be up to 80- 90 % of the invoice value. E.)Factor follows up with the customers for realisation of payment due. F.) Debtor pays money to the factor on the due date (i.e.; factor collects the book debts) G.) Factor makes the balance payment of the invoice value to the client. Parties to the Factoring There are basically three parties involved in a factoring transaction. 1. The buyer of the goods. 2. The seller of the goods 3. The factor i.e. financial institution. The three parties interact with each other during the purchase/ sale of goods. The possible procedure that may be followed is summarised below: The Buyer: 1. The buyer enters into an agreement with the seller and negotiates the terms and conditions for the purchase of goods on credit. 2. He takes the delivery of goods along with the invoice bill and instructions from the seller to make payment to the factor on due date. 3. Buyer will make the payment to the factor in time or ask for extension of time. In case of default in payment on due date, he faces legal action at the hands of factor. The Seller:
  • 9. 8 1. The seller enters into contract for the sale of goods on credit as per the purchase order sent by the buyer stating various terms and conditions. 2. Sells goods to the buyer as per the contract. 3. Sends copies of invoice, delivery challan along with the goods to the buyer and gives instructions to the buyer to make payment on due date. 4. The seller sells the receivables received from the buyer to a factor and receives 80% or more payment in advance. 5. The seller receives the balance payment from the factor after paying the service charges. The Factor: 1. The factor enters into an agreement with the seller for rendering factor services i.e. collection of receivables/debts. 2. The factor pays 80% or more of the amount of receivables copies of sale documents. 3. The factor receives payments from the buyer on due dates and pays the balance money to the seller after deducting the service charges. Types of Factoring: A number of factoring arrangements are possible depending upon the agreement reached between the selling firm and the factor. The most common feature of practically all the factoring transactions is collection of receivables and administration of sale ledger. However, following are some of the important types of factoring arrangements. 1. Recourse and Non-recourse Factoring: In a recourse factoring arrangement, the factor has recourse to the client (selling firm) if the receivables purchased turn out to be bad, Let the risk of bad debts is to be borne by the client and the factor does not assume credit risks associated with the receivables. Thus, the factor acts as an agent for collection of bills and does not cover the risk of customer’s failure to pay debt or interest on it. The factor has a right to recover the funds from the seller client in case of such defaults as the seller takes the risk of credit and creditworthiness of buyer. The factor charges the selling firm for maintaining the sales ledger and debt collection services and also charges interest on the amount drawn by the client (selling firm) for the period i.e.; it is charged from the date of advance to the date of collection. Upto 75% to 80% of the invoice receivable is factored. The factor purchases the receivables on the condition that loss arising on account of non- recovery will be borne by the client (seller firm). The credit risk is with the client. The factor does not participate in the credit sanction process. Whereas, in case of non-recourse factoring, the risk or loss on account of non- payment by the customers of the client is to be borne by the factor and he cannot claim this amount from the selling firm. Since the factor bears the risk of non-payment i.e.; the credit risk is with the factor, commission or fees charged for the services in
  • 10. 9 case of nonrecourse factoring is higher than under the recourse factoring. The additional fee charged by the factor for bearing the risk of bad debts/non-payment on maturity is called del credere commission. The factor purchases receivables on the condition that the factor has no resource to the client, if the debt turns out to be non- recoverable. Factor participates in credit sanction process and approves credit limit given by the client to the customer. 2. Advance and Maturity Factoring: Under advance factoring arrangement, the factor pays only a certain percentage (between 75 % to 90 %) of the receivables in advance to the client, the balance being paid on the guaranteed payment date. As soon as factored receivables are approved, the advance amount is made available to the client by the factor. The factor charges discount/interest on the advance payment from the date of such payment to the date of actual collection of receivables by the factor. The rate of discount/interest is determined on the basis of the creditworthiness of the client, volume of sales and prevailing short-term rate. Sometimes, banks also participate in factoring transactions. A bank agrees to provide an advance to the client to finance a part say 50% of the (factored receivables - advance given by the factor). For eg: Assume total value of the factored debt/receivable is Rs. 100 A factor finances 80 % of the debt. Rs. 80 Balance value of debt Rs. 20 Say, bank finances 50% of the balance i.e. Rs. 10. Thus, the factor and the bank will make a pre-payment of Rs. 90 (i.e. 90% of the debt) and the client’s share is only 10% of the investment in receivables. In case of maturity factoring, no advance is paid to client and the payment is made to the client only on collection of receivables or the guaranteed payment date as the case may be agreed between the parties. The guaranteed date is usually fixed taking into account previous collection experience of the client. Thus, maturity factoring consists of the sale of accounts receivables to a factor with no payment of advance funds at the time of sale. A nominal commission is charged and there is no risk to the factor. 3. Conventional or Full Factoring: Under this system the factor performs almost all services of collection of receivables, maintenance of sales ledger, credit collection, credit control and credit insurance. The factor also fixes up a draw limit based on the bills outstanding maturity wise and takes the corresponding risk of default or credit risk and the factor will have claims on the debtor as also the client creditor. It is also known as Old Line Factoring. Number of other varieties of services such as maturity-wise bills collection, maintenance of accounts, advance granting of limits to a limited discounting of invoices on a selective basis are provided. In advanced countries, all these methods are popular but in India only a beginning has been made. Factoring agencies like SBI Factors are doing full factoring for good companies with recourse.
  • 11. 10 4. Domestic and Export Factoring: The basic difference between the domestic and export factoring is on account of the number of parties involved. In the domestic factoring three parties are involved, namely: 1. Customer (buyer) 2. Client (seller) 3. Factor (financial intermediary) All the three parties reside in the same country. Export factoring is also termed as cross-border/international factoring and is almost similar to domestic factoring except that there are four parties to the factoring transaction. Namely, the exporter (selling firm or client), the importer or the customer, the export factor and the import factor. Since, two factors are involved in the export factoring, it is also called two-factor system of factoring. Two factor system results in two separate but inter-related contracts: 1. between the exporter (client) and the export factor. 2. export factor and import factor. • Exporter (client) enters into the factoring arrangement with export factor in his country and assigns to him export receivables. • The export factor enters into an arrangement with the import factor and has an arrangement for credit evaluation and collection of payment for an agreed fee. • Notation is made on the invoice that importer has to make the payment to the import factor. • Import factor collects payments and remits to export factor who passes on the proceeds to the exporter after adjusting his advance, if any. • Where foreign currency is involved, factor cover the exchange risk also. The import factor acts as a link between export factor and the importer helps in solving the problem of legal formalities and of language. He also assumes customer trade credit risk, and agrees to collect receivables and transfer funds to the export factor in the currency of the invoice. Export/International factoring provides a non-recourse factoring deal. The exporter has 100 % protection against bad debts loss arising on account of credit sales. 5. Limited Factoring: Under limited factoring, the factor discounts only certain invoices on selective basis and converts credit bills into cash in respect of those bills only. 6. Selected Seller Based Factoring: The seller sells all his accounts receivables to the factor along with invoice delivery challans, contracts etc. after invoicing the customers. The factor performs all functions of maintaining the accounts, collecting the debts, sending reminders to the buyers and do all consequential and incidental functions for the seller. The sellers are normally approved by the factor before entering into factoring agreement.
  • 12. 11 7. Selected Buyer Based Factoring: The factor first of all selects the buyers on the basis of their goodwill and creditworthiness and prepares an approved list of them. The approved buyers of a company approach the factor for discounting their purchases of bills receivables drawn in the favour of the company in question (i.e. seller). The factor discounts the bills without recourse to seller and makes the payment to the seller. 8. Disclosed and Undisclosed Factoring: In disclosed factoring, the name of the factor is mentioned in the invoice by the supplier telling the buyer to make payment to the factor on due date. However, the supplier may continue to bear the risk of bad debts (i.e. non-payments) without passing to the factor. The factor assumes the risk only under nonrecourse factoring agreements. Generally, the factor lays down a limit within which it will work as a non-recourse. Beyond this limit the dealings are done on recourse basis i.e. the seller bears the risk. Under undisclosed factoring, the name of the factor is not disclosed in the invoice. But still the control lies with the factor. The factor maintain sales ledger of the seller of goods, provides short-term finance against the sales invoices but the entire transactions take place in the name of the supplier company (seller). 9. Invoice discounting: The factor provides finance through discounting the bills. The rate of discount is based on the market trends. 10. Full Servicing Factoring: It is also known as without recourse factoring service. It offers all types of services such as finance, sales ledger administration, collection, debt protection and advisory services. Its speciality is that it gives protection to the client against bad debts. 11. Advance Factoring: The factor makes an advance payment to the client. The advance payment covers 70% to 80% of the receivables which are factored. The factor collects interest on the advance payments made. The balance amount is settled to his client on the date of maturity. 12. Agency Discounting: This kind of factoring, the factor provides only financing facility and protection against bad debt. The other services such as maintenance of sales ledger and carrying out the collection of book debts etc are not provided. 13. Bank Participation factoring: In this system of factoring, the factor arranges an advance amount from a bank. For this service the factor pays interest to the bank and makes the advance to the client.
  • 13. 12 Cost of Services: The factor provides various services at some charge in the form of a commission expressed as a value of debt purchased. It is collected in advance. The commission is in the form of interest charged for the period between the date of advance payment and date of collection/guarantee payment date for short term financing as advance part payment. It is also known as discount charge. The cost of factoring services primarily comprises of the following two components: 1. Administrative charges /factoring fees: This is charged towards providing various services to the clients namely (a) sales ledger administration (b) credit control including processing, operational overheads and collection of Debts (c) providing, protection against bad debts. This charge is usually some percent of the projected sales turnover of the client for the next twelve months. It varies between 1 to 2.5 percent of the projected turnover. The quantum of charged depends upon the following factors. a. Type of industry b. Financial strength of the client as well as of the debtors c. Volume of sales d. Average invoice value e. Terms of trade f. Type(s) of service(s) offered g. Required profit margin to the factor h. Extent of competition i. Security to the factor etc. 2. Discount charges: This is levied towards providing instant credit to the client by way of prepayment. This is normally linked with the base rate of the parent company or the bank from which the factoring institution is borrowing money, say, 1 to 2.5 percent above the said rate. Advantages of Factoring: Factoring is becoming popular all over the world on account of various services offered by the institutions engaged in it. Factors render services ranging from bill discounting facilities offered by the commercial banks to total takeover of administration of credit sales including maintenance of sales ledger, collection of accounts receivables, credit control, protection from bad debts, provision of finance and rendering of advisory services to their clients. Thus, factoring is a tool of receivables management employed to release the funds tied up in credit extended to customers and to solve problems relating to collection, delays and defaults of the receivables. A firm that enters into
  • 14. 13 factoring agreement is benefited in a number of ways, some of the important benefits are outlined below: 1. The factors provides specialised services with regard to sales ledger administration and credit control and relieves the client from the botheration of debt collection. He can concentrate on the other major areas of his business and improve his efficiency. 2. The advance payments made by the factor to the client in respect of the bills purchased increase his liquid resources. He is able to meet his liabilities as and when they arise thus improving his credit standing position before suppliers, lenders and bankers. The factor’s assumption of credit risk relieves him from the tension of bad debt losses. The client can take steps to reduce his reserve for bad debts. 3. It provides flexibility to the company to decide about extending better terms to their customers. 4. The company itself is in a better position to meet its commitments more promptly due to improved cash flows. 5. Enables the company to meet seasonal demands for cash whenever required. 6. Better purchase planning is possible. Availability of cash helps the company to avail cash discounts on its purchases. 7. As it is an off-balance sheet finance, thus it does not affect the financial structure. This would help in boosting the efficiency ratios such as return on asset etc. 8. Saves the management time and effort in collecting the receivables and in sales ledger management. 9. Where credit information is also provided by the factor, it helps the company to avoid bad debts. 10. It ensures better management of receivables as factor firm is specialised agency for the same. The factor carries out assessment of the client with regard to his financial, operational and managerial capabilities whether his debts are collectable and viability of his operations. He also assesses the debtor regarding the nature of business, vulnerability of his operations; and assesses the debtor regarding the nature of business, vulnerability to seasonality, history of operations, the term of sales, the track record and bank report available on the past history. Limitations of Factoring: The above listed advantages do not mean that the factoring operations are totally free from any limitation. The attendant risk itself is of very high degree. Some of the main limitations of such transactions are listed below: 1. It may lead to over-confidence in the behaviour of the client resulting in over-trading or mismanagement. 2 The risk element in factoring gets accentuated due to possible fraudulent acts by the client in furnishing the main instrument “invoice” to the factor. Invoicing against non-existent goods, pre-invoicing (i.e. invoicing before physical dispatch of goods),
  • 15. 14 duplicate-invoicing (i.e. making more than one invoice in respect of single transaction) are some commonly found frauds in such operations, which had put many factors into difficulty in late 50’s all over the world. 3. Lack of professionalism and competence, underdeveloped expertise, resistance to change etc. are some of the problems which have made factoring services unpopular. 4. Rights of the factor resulting from purchase of trade debts are uncertain, not as strong as that in bills of exchange and are subject to settlement of discounts, returns and allowances. 5. Small companies with lesser turnover, companies having high concentration on a few debtors, companies with speculative business, companies selling a large number of products of various types to general public or companies having large number of debtors for small amounts etc. may not be suitable for entering into factoring contracts.