Jump to Section
Need help with a legal contract?
The accounts receivable purchase contract is a financial arrangement in which a company sells its accounts receivables to a third party, known as a factor. It is also known as accounts receivable financing or factoring deal. The firm gives the factor the right to collect payments from its clients in exchange for instant cash. Read on further to learn more.
Mechanism of Accounts Receivable Purchase Contract
Here's a breakdown of how an accounts receivable purchase contract works.
- Agreement: The firm seeking funding agrees with a factor that is either a financial institution or a specialized factoring company. The agreement outlines the terms and conditions, including the fees, advance rate, transaction duration, and any unique criteria or constraints.
- Invoice Submission: The firm chooses which invoices to sell to the factor and submits them for review. Invoices indicate the customers' due sum for products or services to the firm.
- Evaluation and Approval: The factor decides whether to authorize the bills for financing based on the creditworthiness of the company's consumers since their capacity to pay influences the factor's choice. Factors may consider customers' payment history, financial stability, and credit ratings.
- Cash Advance: The factor advances the firm cash payment after accepting the invoices. The advance amount is often a percentage of the invoice face value, typically from 80% to 90%. If the approved invoices total $100,000, the firm might obtain an instant cash advance of $80,000 to $90,000.
- Payment Collection: The factor collects payments from the consumers indicated on the sanctioned invoices. When customers make payments, they send them to the buyer rather than the corporation. The factor oversees the collection process and communicates with consumers about payment instructions and deadlines.
- Deductions and Remittances: When the factor receives consumer payments, it deducts its costs specified in the contract, which generally include discount fees, administrative fees, and interest rates on the cash advance. The factor remits the remaining funds to the corporation. This payment is usually made regularly, such as weekly or monthly.
- Credit Risk: The factor estimates the credit risk connected with the invoices in an accounts receivable purchase contract. It implies that if a client fails to pay or goes insolvent, the factor will suffer a loss after acceptance of the invoices. This feature is advantageous to the firm since it passes credit risk to the factor lowering the company's exposure to bad debts.
Benefits of the Accounts Receivable Purchase Contract
There are several advantages for both company and the factor of entering into a accounts receivable purchase contract, including:
- Improved Cash Flow: Businesses may transform their unpaid bills into quick cash by selling their accounts receivables. It provides a fast infusion of capital that a company may utilize to meet operational expenditures, invest in growth prospects, or solve short-term financial concerns.
- Working Capital Access: Accounts receivable finance enables businesses to access on-hand cash without incurring extra debt. Instead of waiting for consumers to pay their bills, which might take weeks or months, they receive an advance payment from the buyer. It allows them to increase their cash flow and support their continuing activities more effectively.
- Reduced Administrative Burden: Managing accounts receivable and following down late payments may be time-consuming and resource-intensive for organizations. Companies can unload collecting and related administrative obligations by collaborating with a factor. It frees up internal resources, allowing the organization to concentrate on crucial functions such as sales and operations.
- Transfer of Credit Risk: One of the primary benefits of accounts receivable financing is the transfer of credit risk. When a corporation sells its invoices to a factor, the factor is in charge of collecting payment from clients. If a client fails to pay, the factor suffers the loss protecting the organization from future bad debts and enhancing credit risk management overall.
- Flexible Finance Option: Accounts receivable finance is a flexible financing option that may adapt to a company's changing demands. The capacity to change the amount of funding based on the number and quality of invoices provides scalability to support business development. Furthermore, unlike traditional loans, accounts receivable finance often does not demand collateral or personal guarantees.
- Creditworthiness: In accounts receivable finance, the factor considers the creditworthiness of the company's customers rather than the company's financial health. That can be advantageous for small or new enterprises with a minimal credit history or who fail to fulfill typical loan criteria.
Essential Considerations for the Accounts Receivable Purchase Contract
Consider the following before getting into an accounts receivable purchase contract:
- Cost and Fee Structure: Examine the contract's costs, such as discount fees, administrative fees, and interest charges. Understand how these charges affect your profitability and cash flow. Compare the expenditures from different aspects to ensure you get a good deal.
- Impact on Customer Relation: Consider how changing the buyer collecting payments may influence your customer relationships. Some clients may be accustomed to working with your firm directly and may be concerned or confused about the shift. Keep open contact with your consumers, offer clear payment instructions, and swiftly handle problems to retain strong connections.
- Suitability for Your Business Strategy: Determine if accounts receivable finance for your business strategy and cash flow requirements is appropriate. The benefits of accounts receivable finance may be restricted if your company depends mainly on upfront payments or has short payment terms. Consider alternative funding choices that better meet your unique company needs.
- Financial Stability of the Component: Select a trustworthy and financially stable component. Perform due diligence on the factor's track record, financial health, and industry reputation. A dependable factor will give continual assistance, fast service, and an effective collecting procedure. Working with a financially unstable component might cause interruptions and influence your cash flow.
- Contract Terms and Flexibility: Carefully analyze the contract's terms and conditions, including the agreement's duration, notice periods, termination provisions, and any limits or limitations imposed. Check that the agreement's terms allow you to change the funding arrangement as your firm grows.
- Secrecy and Disclosure: Understand the amount of confidentiality and disclosure involved in the accounts receivable acquisition contract. Buyers usually connect directly with your consumers, risking the disclosure of certain information about your business and finances. Ensure that the factor respects the confidentiality of sensitive information and follows all legal and regulatory standards.
Key Terms for Accounts Receivable Purchase Contracts
- Advance Rate: The advance rate is the proportion of the invoice face value the factor will offer as an instant cash advance to the firm.
- Discount Rate: The factor's fee, also known as the discount fee or discount rate, is the amount levied by the factor for acquiring the invoices and is charged monthly or annually.
- Purchase Obligation: In contested, uncollectible invoices, or conditions like contract breach, the factor reserves the requesting right that the firm repurchase particular invoices.
- Recourse: In Recourse finance, the firm is responsible for any outstanding bills if the buyer fails to collect payment from the clients.
- Non-Recourse: Non-recourse financing means the factor accepts the credit risk and absorbs the loss if clients default.
Final Thoughts on Accounts Receivable Purchase Contracts
The accounts receivable purchase contracts enable businesses to unlock the value of outstanding bills, manage cash flow, minimize risks, and drive success as organizations confront shifting problems and opportunities. Companies may position themselves for long-term growth and success by utilizing the benefits of these contracts and carefully assessing the underlying aspects.
If you want free pricing proposals from vetted lawyers that are 60% less than typical law firms, click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.
Meet some of our Accounts Receivable Purchase Contract Lawyers
Michael M.
www.linkedin/in/michaelbmiller I am an experienced contracts professional having practiced nearly 3 decades in the areas of corporate, mergers and acquisitions, technology, start-up, intellectual property, real estate, employment law as well as informal dispute resolution. I enjoy providing a cost effective, high quality, timely solution with patience and empathy regarding client needs. I graduated from NYU Law School and attended Rutgers College and the London School of Economics as an undergraduate. I have worked at top Wall Street firms, top regional firms and have long term experience in my own practice. I would welcome the opportunity to be of service to you as a trusted fiduciary. In 2022 I was the top ranked attorney on the Contract Counsel site based upon number of clients, quality of work and top reviews.
Mark F.
International-savvy technology lawyer with 35years+ in Silicon Valley, Tokyo, Research Triangle, Silicon Forest. Outside & inside general counsel, legal infrastructure development, product exports, and domestic & international contracts for clients across North America, Europe, and Asia. Work with Founders to establish startup and continuous revenue, sourcing and partnering with investors to attract funding, define success strategy and direct high-performing teams, advising stakeholders and Boards of Directors to steer company growth.
September 4, 2022
Alex P.
Managing partner at Patel & Almeida and has over 22 years of experience assisting clients in the areas of intellectual property. business, employment, and nonprofit law.
September 8, 2022
Tiffanie W.
Tiffanie Wilson is a business transactions and personal injury lawyer. She helps clients realize their business goals by expertly drafting contracts, providing sound legal advice, and working for justice for injured clients.
September 6, 2022
Daniel F.
An experienced attorney with a varied range of legal abilities. Focusing on real estate transactions and general commercial litigation.
September 7, 2022
Doug F.
Doug has over 20 years of private and public company general counsel experience focusing his legal practice on commercial transactions including both software and biotech. He is a tech savvy, business savvy lawyer who is responsive and will attain relationship building outcomes with your counterparty while effectively managing key risks and accelerating revenue. He received his Juris Doctor from Boston University School of Law earning the Book Award in Professional Ethics and after graduation he taught legal writing there for a number of years. Prior to law school, Doug earned a M.A in Mathematics at the State University of New York at Stony Brook, and a B.S in Honors Mathematics at Purdue University. After law school, Doug joined Fish & Richardson, where his practice focused on licensing software, trademarks and biotech. While at Fish & Richardson Doug authored a book on software licensing published by the American Intellectual Property Lawyers Association. Later he joined as General Counsel at FTP Software and led an IPO as well as corporate development. Doug has broad experience with a broad range of commercial agreement drafting and negotiation including SaaS software and professional services, distribution and other channel agreements, joint venture and M&A. Doug continued his leadership, corporate governance and commercial transaction practice at Mercury Computers (NASDAQ:MRCY) leading corporate development. Doug’s experience ranges from enterprise software to biotech and other vertical markets. He joined the board of Deque Systems in 2009 and joined in an operating role as President in 2020 successfully scaling the software business.
September 13, 2022
Kathryn K.
I graduated from Georgetown Law in 2009 and have been practicing for thirteen years. My primary practice areas are business law and commercial contracts, with a particular focus on B2B contracts. I specialize in drafting, reviewing, and negotiating MSAs for services companies, specializing in SaaS agreements. I have drafted online terms of service, acceptance use policies, and privacy policies for clients across a range of industries. In addition, I counsel clients on NDAs, non-solicitation/non-competition agreements, employment contracts, and commercial and residential leases. Prior to opening my own practice, I worked for four years at one of the most prestigious law firms in the world, an appellate litigation firm, the federal government, and one of the country's most renowned government contracts firms. I live in Boulder but represent clients nationwide. Although I have represented numerous Fortune 500 companies and the Defense Department, my passion is advising startups and small businesses. Like so many of my clients, I am an entrepreneur and have owned and operated three businesses (my law firm and two companies outside the legal field). I understand the needs and concerns of small business owners. I look forward to working with you.
Find the best lawyer for your project
Browse Lawyers NowAccounts Receivable Purchase Contract lawyers by city
- Austin Accounts Receivable Purchase Contract Lawyers
- Boston Accounts Receivable Purchase Contract Lawyers
- Chicago Accounts Receivable Purchase Contract Lawyers
- Dallas Accounts Receivable Purchase Contract Lawyers
- Denver Accounts Receivable Purchase Contract Lawyers
- Houston Accounts Receivable Purchase Contract Lawyers
- Los Angeles Accounts Receivable Purchase Contract Lawyers
- New York Accounts Receivable Purchase Contract Lawyers
- Phoenix Accounts Receivable Purchase Contract Lawyers
- San Diego Accounts Receivable Purchase Contract Lawyers
- Tampa Accounts Receivable Purchase Contract Lawyers
related contracts
- Affiliate Agreement
- Bill of Sale
- Boat Purchase Agreement
- Brand Ambassador Contract
- Business Proposal
- Consignment Agreement
- Contract for Purchase
- Distribution Agreement
- Distributor Settlement Agreement
- Drop Shipping Agreement
other helpful articles
- How much does it cost to draft a contract?
- Do Contract Lawyers Use Templates?
- How do Contract Lawyers charge?
- Business Contract Lawyers: How Can They Help?
- What to look for when hiring a lawyer