FACTORING & FORFAITING

Factoring is of recent origin in Indian Context

Kalyana Sundaram Committee recommended introduction of factoring in 1989. Banking Regulation Act, 1949, was amended in 1991 for Banks setting up factoring services.

SBI/Canara Bank have set up their Factoring Subsidiaries: SBI Factors Ltd., (April, 1991) CanBank Factors Ltd., (August, 1991). RBI has permitted Banks to undertake factoring services through subsidiaries.

WHAT IS FACTORING ?

Factoring is the Sale of Book Debts by a firm (Client) to a financial institution (Factor) on the understanding that the Factor will pay for the Book Debts as and when they are collected or on a guaranteed payment date. Normally, the Factor makes a part payment (usually upto 80%) immediately after the debts are purchased thereby providing immediate liquidity to the Client.

PROCESS OF FACTORING

CLIENT

CUSTOMER

FACTOR

So, a Factor is,

a) b) c) A Financial Intermediary That buys invoices of a manufacturer or a trader, at a discount, and Takes responsibility for collection of payments.

The parties involved in the factoring transaction are:a) b) c) Supplier or Seller (Client) Buyer or Debtor (Customer) Financial Intermediary (Factor)

SERVICES OFFERED BY A FACTOR

1.

Follow-up and collection of Receivables from Clients.

Purchase of Receivables with or without recourse. Help in getting information of (credit protection) customers

2.

3.

4.

Sorting out disputes, if any, due relationship between Buyer & Seller.

to

PROCESS INVOLVED IN FACTORING

 Client concludes a credit sale with a customer. Client sells the customers account to the Factor and notifies the customer.

Factor makes part payment (advance) against account purchased, after adjusting for commission and interest on the advance.
Factor maintains the customers account and follows up for payment.

Customer remits the amount due to the Factor.

Factor makes the final payment to the Client when the account is collected or on the guaranteed payment date.

MECHANICS OF FACTORING

 The Client (Seller) sells goods to the buyer and prepares invoice with a notation that debt due on account of this invoice is assigned to and must be paid to the Factor (Financial Intermediary).
The Client (Seller) submits invoice copy only with Delivery Challan showing receipt of goods by buyer, to the Factor. The Factor, after scrutiny of these papers, allows payment (,usually upto 80% of invoice value). The balance is retained as Retention Money (Margin Money). This is also called Factor Reserve. The limit is adjusted on a continuous basis after taking into account the collection of Factored Debts. Once the invoice is honoured by the buyer on due date, the Retention Money credited to the Clients Account. Till the payment of bills, the Factor follows up the payment and sends regular statements to the Client.

CHARGES FOR FACTORING SERVICES

Factor charges Commission (as a flat percentage of value of Debts purchased) (0.50% to 1.50%) Commission is collected up-front, called discount. For making immediate part payment, interest charged. Interest is higher than rate of interest charged on Working Capital Finance by Banks.

TYPES OF FACTORING
Recourse Factoring Non-recourse Factoring Maturity Factoring

Cross-border Factoring

RECOURSE FACTORING
Upto 75% to 85% of the Invoice Receivable is factored. Factor purchases Receivables on the condition that loss arising on account of non-recovery will be borne by the Client. Credit Risk is with the Client. Factor does not participate in the credit sanction process. In India, factoring is done with recourse.

NON-RECOURSE FACTORING
Factor purchases Receivables on the condition that the Factor has no recourse to the Client, if the debt turns out to be nonrecoverable. Credit risk is with the Factor. Higher commission is charged. Factor participates in credit sanction process and approves credit limit given by the Client to the Customer. In USA/UK, factoring is commonly done without recourse.

MATURITY FACTORING
Factor does not make any advance payment to the Client. Pays on guaranteed payment date or on collection of Receivables. Guaranteed payment date is usually fixed taking into account previous collection experience of the Client.

Nominal Commission is charged.

No risk to Factor.

CROSS - BORDER FACTORING

It is similar to domestic factoring except that there are four parties, viz., a) Exporter, b) Export Factor, c) Import Factor, and d) Importer. It is also called two-factor system of factoring. Exporter (Client) enters into factoring arrangement with Export Factor in his country and assigns to him export receivables. Export Factor enters into arrangement with Import Factor and has arrangement for credit evaluation & collection of payment for an agreed fee. Notation is made on the invoice that importer has to make payment to the Import Factor. Import Factor collects payment 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 covers exchange risk also.

Legal Aspects of Factoring

Information to Clients Power of Attorney Letter of Disclaimer (Multiple Financing) Stamp Duty

STATUTES APPLICABLE TO FACTORING

Factoring transactions in India are governed by the following Acts:a) b) c) d) e) Indian Contract Act Sale of Goods Act Transfer of Property Act Banking Regulation Act. Foreign Exchange Regulation Act.

WHY FACTORING HAS NOT BECOME POPULAR IN INDIA

Banks reluctance to provide factoring services Problems in recovery. Cost of transaction becomes high.

FORFAITING
Forfeit is a French word which means surrender of rights. Forfeiting is a mechanism by which the right for export receivables of an exporter (Client) is purchased by a Financial Intermediary (Forfeiter) without recourse to him. Exporter under Forfeiting surrenders his right for claiming payment for services rendered or goods supplied to Importer in favour of Forfeiter.

 In other words, Forfeiting involves en-cashing future trade receivables now, at a charge.
The total cost is comprises of a commission and an interest if the firm draws an advance against receivables. Alternatively, it is also possible that the exporter may leave his fund after collection with the forfeiter to receive an interest from him. Finance available upto 100% of value (unlike in Factoring) Introduced in the country in 1992

Flow Chart of Forfeiting Transaction

At the request of the exporter, and normally nearer the time of shipment, the forfeiter provides the exporter with a written commitment to purchase the debt from him on a without recourse basis. The exporter and importer signs a commercial contract .

 A forfeiter certificate is provided by the authorized dealer to be attached to the goods received form. The rest of the shipping documents are prepared as per the commercial contract. The goods are than dispatched to the importer. The importers bank provides guarantee at the request of the importer. The guarantee is forwarded by the importer to exporter.

 The exporter than assigns the guarantee in favour of forfeiter and forward other related documents. On receipt of complete documentation, the forfeiter makes the payment to exporter on a without recourse basis. On maturity, the forfeiter presents the documents to the importers bank for payment. The importer makes the payment to his guaranteeing bank. The importers guaranteeing bank makes the payment to the forfeiter on the due date.

Benefits of International Forfeiting

To Exporter: a. Flexibility in Operations b. Assured Payments c. Relief from Maintaining Records To Importers: a. 100 Percent Finance b. Flexible Finance

CHARACTERISTICS OF FORFAITING
Converts Deferred Payment Exports into cash transactions, providing liquidity and cash flow to Exporter. Absolve Exporter from Cross-border political or conversion risk associated with Export Receivables. Finance available upto 100% (as against 75-80% under conventional credit) without recourse. It is costly. Factoring is not possible in case of bad debts. Credit rating is not mandatory.

WHY FORFAITING HAS NOT DEVELOPED

Relatively new concept in India. Value of Rupee No ECGC Cover RBI Guidelines are vague. Very few institutions offer the services in India. Exim Bank alone does. Lack of awareness.

STAGES INVOLVED IN EXPORT FACTORING

Exporter (Client) gives his name, address and credit limit required to the Export Factor. Export Factor submits the details of Buyer to the Import Factor. Import Factor decides on the credit cover and communicates decision to Export Factor. Export Factor enters into Factoring Agreement with Exporter. Overseas Buyer is notified of this arrangement. Exporter is then free to ship the goods to Buyers directly. Exporter submits original documents, viz., invoice and shipping documents duly assigned and receives advance there-against (upto 80%).

 Export Factor despatches all the original documents to Importer/Buyer after duly affixing Assignment Clause in favour of the Import Factor. Export Factor sends copy of invoice to Import Factor in the Debtors country.

Import Factor follows up and receives payment on due date and remits to Export Factor.
Export Factor, on receipt of payment, releases the balance of proceeds to Exporter.

FACTORING vs. FORFAITING

POINTS OF DIFFERENCE FACTORING FORFAITING 100% of Invoice value The Forfaiting Bank relies on the creditability of the Avalling Bank. No services are provided Always without recourse By Bills

Extent of Finance Usually 75 80% of the value of the invoice Credit Worthiness Factor does the credit rating in case of nonrecourse factoring transaction

Services provided Day-to-day administration of sales and other allied services Recourse Sales With or without recourse By Turnover