| Q- What is the difference between factoring
and bank credit against promissory notes?
In bank credits against promissory notes, the promissory
notes stand as a security for the credit facility and
are transferred to the bank with an endorsement for
security purposes and are continued to be traced in
the "billed receivables" account in the assets
side of the balance sheet, while the credit borrowed
against promissory notes is recognized in "financial
debts" account in the liabilities side. Whereas,
in factoring, a promissory note, associated with invoice,
represents directly the amount of receivables, and is
transferred to the factoring company with an endorsement
for assignment, and the amount of the transferred promissory
note is deducted from the "billed receivables"
item in the balance sheet, is turned into cash, and
is not shown in "financial debts".
Q- How can I enter into factoring my receivables
from open account customers?
Receivables from customers operating on an open
account are transferred to the factoring company in
advance under a factoring contract which is by nature
an agreement of assignment. At the time of issuing the
invoice at a later date, a note addressed to the debtor
is inserted in the invoice, stating that receivables
of the invoice have already been assigned to the factor,
and that are therefore required to be paid to the factor.
Q- What kinds of costs are involved in factoring
transactions?
There are two types of costs involved in factoring
transactions according to the nature of transaction.
The first is the commission and charges to be paid against
the intermediary role undertaken for the collection
of receivables and/or against the guarantee of collection.
The other is the interest payable against pre-financing
facilities, if any.
Q- May I benefit from factoring even if I do not
have finance needs?
Of course, you can! Financing is only one of the
three functions of factoring, the others being service
and guarantee functions. It is also possible to benefit
from collection and/or guarantee functions without the
use of financing function.
Q- How and at what ratio is pre-finance payment
effected in factoring transactions?
Pre-finance payment in factoring transactions is
effected over the amount of receivables assigned to
the factor, typically at a rate that will not exceed
eighty percent of the receivables.
Q- What is the meaning of revocable and irrevocable
factoring?
In irrevocable factoring transactions, the risk
of non-payment of the receivables is underwritten by
the factor, and with the exception of shipment of defective
goods, the customer is held entirely free of recourse.
Whereas, in revocable factoring, the risk of nonpayment
of the receivables is not underwritten by the factor,
and in the case of non-payment of the pre-finance payments
made for the receivables, the factor has the right of
recourse to the customer.
Q- Which legal actions are taken upon non-payment
of factoring receivables by the debtor?
This is dependent on the terms and conditions of
the agreement between customer and factor. The required
legal actions may be initiated by the customer, or by
the factor in the cost of the customer.
Q- Do I have to assign all of my forward receivables
in order to benefit from factoring transactions?
No. Although generally speaking, total and advance
assignment of all receivables is the appropriate method,
it is not a must.
Q- Must an invoice have been absolutely issued in
order to benefit from factoring transactions?
According to the legislation, the receivables subject
to factoring must be relied upon an invoice or a similar
document. This means that the transaction is mainly
based on invoice. However, factoring may also extend
to receivables for which an invoice cannot be issued
for technical or legal reasons, and which are evidenced
by a similar document.
|