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Invoice factoring companies don't require their clients to pledge
collateral other than their accounts receivable. Because of this, it
is critical for the factor to feel extremely confident that they will
be "paid back" by the customer of the client. Progress billings, which
are typically present in construction relationships, are usually not
compatible with accounts receivable factoring.
It is first important to understand the mechanics of factoring. Here are some of the most significant concepts to know:
- The client must produce goods or services that they sell to another business
- The customer must be credit worthy (they consistently pay in a timely manner)
- The
receivables must be unencumbered. This means that no lending
institution, government agency, company, or person can have a lien
against the receivables. In order to
establish a factoring arrangement, the lien must be extinguished so the
factoring company can have a first postion on the collateral
- Long term receivables or contracts cannot be factored. When an invoice is unpaid after 90 days, most factoring companies expect the client to replace that invoice with a new one
- The
factoring company must be able to verify the invoice as being correct
and that it will be paid by communicating with the customer
- Payments on the invoices must be paid to a lock box controlled by the factoring company
- The goods or services relating to the invoice must be complete
It
is the last item that merits attention, especially with construction
factoring or other situations in which payments on a contract are made
throughout the term. Progress billing is present when there is
typically a long term project with a final outcome. An example might
be a contractor who is building a water tower for a city. Since the
finished product won't be completed for quite a while, the city allows
the constractor to bill them in monthly installments. But there has
not been a milestone. In other words, even though
the contractor is making progress on the project, the city won't be
satisfied until the water tower is totally finished. In this
situation, factoring companies are leery of advancing funds on the
billing. If for whatever reason, the contractor decided to walk away
from the job, the city would consider the company to be in breach of
contract and probably withhold payment.
On the other hand, if the project contained milestones,
which represent the completion of parts of the contract, the client
will probably be able to factor invoices. Let's say the project
involves constructing various statues in city parks. The city allows
the contractor to bill them each time a statue is finished. This
invoice would be "factorable" since a milestone has been set.
Although
the issue of progress billings versus milestones are most commonly
present in the construction industry, it can apply to other segments as
well. Another example might be a marketing firm developing commercials
for a major network. The firm bills the network on a periodic basis
until the commercial is complete, Are these progress billings or have milestones been set?
These
issues can oftentimes be settled by incorporating certain language in
the contract that establishes milestones. Remember, the factoring
company simply needs to have a comfort level that they will be paid by
the debtor.
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