| Account
Debtor: |
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The customer
of a factor's client (the business owing the money.) |
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| Accounts
Payable: |
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Amount(s) owed
on open account by a business to their creditors (suppliers)
for goods sold and delivered or services rendered |
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| Accounts
Receivable: |
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Amount owed to
a business by its customers for goods sold and delivered
or services rendered |
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Accounts
Receivable
Aging Schedule: |
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A classification
process, as reported on a schedule by time intervals
(30 day increments & current), 30 days, 60 days,
90 days, 90+ days, used to analyze the amount of money
owed to a business by its customers. It is used by credit
grantors (such as banks and factors to determine the
probability of collection, as it show patterns of payment
and delinquency |
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Accounts
Receivable
Financing: |
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Short term financing
using the accounts receivable as collateral for advances
of cash. This is NOT the same as factoring |
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| Acknowledgment
Form: |
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Form sent to
the client's customer account debtors to confirm that
the invoice the client is selling does exist and that
they will remit payment directly to lender |
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| Associate: |
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An individual who
introduces a client that needs cash to a factoring company,
and receives a commission |
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| Blanket
Assignment: |
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The legal transfer
of ownership of all accounts receivable, both present
and future, as collateral for funding |
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| Capital: |
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The total amount
of funds invested in a business after all debt has been
satisfied. Also called net worth. (Assets - liabilities
= capital) |
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| Cash
Flow: |
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An analysis over
a period of time revealing the availability, or lack,
of cash. More simply put, the difference between cash
in (income) vs. cash out (expenses). Since money does
not flow in and out at an equal rate, in most businesses,
an analysis of cash flow is important, especially of
businesses that are cyclical in nature, or subject to
external forces |
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| Chapter
11: |
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A proceeding
under the Federal Bankruptcy Act whereby a debtor may,
through a court order, remain in possession of its business
(and control its operation) for a time (as long as it
pays its current debts). It also makes possible the
negotiation of payment schedules and the restructuring
of debt. The debtor must eventually reorganize and pay
its creditors, or cease operations |
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| Client: |
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For our purposes
here, a client is a business that desires to sell its
accounts receivable |
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| Collateral: |
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Security (an
asset) that is given or pledged to a creditor (in the
case of accounts receivable, the factor) to guarantee
the discharge of an obligation by the debtor. If the
borrower defaults, the creditor has the legal right
to seize the collateral and sell it to pay off a loan.
Also see: Recourse & Non Recourse Factoring |
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| Concentration: |
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A proportion of
a client's total accounts receivable that is due from
one single customer |
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| Corporation: |
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A legal entity,
chartered either by an individual state or the federal
government, which is separate and distinct from its
officers, directors, and stockholders. The charter is
the "birth certificate" of the corporation. It can own
property, incur debts, sue and be sued. There are three
distinct advantages: limited liability (owners can lose
only what they invest), easy transfer of ownership (through
the sale of stock), and continuity of existence |
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| Corporate
Resolution: |
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An action taken
by a vote of the corporation |
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| Customer: |
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The commercial
entity that a client sells goods to or performs services
for. It is the customers who pay the factor for invoices
purchased from your clients. The customer is often referred
to as Account Debtor |
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| DBA: |
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Doing Business
As. Used to designate the name of a business as it is
commonly known rather than its legal name, the name
of the owner, etc. |
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| Direct
Mail: |
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Mail sent to
large numbers of potential customers advertising a product
or service and soliciting orders |
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| Discount: |
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Method whereby
a fee is earned through the purchase of an asset at
less than face value |
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| Discount
Factoring: |
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Arrangement whereby
a factor purchases an account(s) receivable from a business
(your client) at a discount to the face value of that
receivable. The factor earns a fee based on the number
of days that the receivable remains unpaid, i.e., the
longer the receivable remains unpaid, the larger the
fee incurred |
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| Discount
Fee: |
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The amount earned
by a factor on each invoice purchased. It is based on
the period of time the invoice remains outstanding (unpaid)
and is set forth and agreed upon by both parties in
the Discount Schedule |
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| Due
Diligence: |
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The verification
of information and its documentation given to a factor
in order to facilitate a decision as to whether or not
a particular invoice should be purchased. Factors always
want to take as little risk as possible and want to
be assured that the money they advance will be paid
back |
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Face
Amount
or Face Value: |
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The total dollar
amount of an invoice. This is the amount that has to
be paid to the factor by your client's customer, without
consideration as to how much was advanced to the client |
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| Factor: |
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A company that purchases
accounts receivable (invoices) from a business |
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| Factoring: |
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The selling of a
business' accounts receivable to a third party. Invoices
are generally sold without recourse (i.e., the factor
cannot turn to the client for repayment, or compensation
for the advance, if the invoice proves to be uncollectible),
although they can be sold on a recourse basis. Factoring
is usually done on a notification basis, whereby the
client notifies its customer to pay the factor directly |
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| Invoice: |
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Bill for the sale
of goods or performance of services to a client's customer.
An invoice lists items purchased, or the service rendered,
the per unit cost, the total price, and the terms of
sale |
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| Liabilities: |
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The amount owed
by a business or an individual, excluding ownership
equity. There are two types of liabilities: Current
and Long-term. Current are debts that must be paid within
one year (such as accounts receivable, dividends, notes
payable, bank loans payable, taxes payable, wages and
long-term debt due within one year). Long-term liabilities,
also called funded debt, are debts that are not due
until after a year's time |
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| Lien: |
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A creditor's claim
against property. When the debt is paid, the lien is
removed. Courts to satisfy judgments may also grant
liens |
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| Lien
Search: |
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A search through
public records on file in both the County Clerk and
Secretary of State's offices for any claims (pledges)
against the property of a business (such as their accounts
receivable) or an individual. An example would be if
a taxing authority has a lien against the accounts receivable
of a business due to taxes owed |
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| Line
of Credit: |
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The maximum amount
of credit that may be extended to a borrower by a lender
(i.e., a bank.) This type of arrangement gives a borrower
more flexibility in planning for operating expenses |
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| Liquidity: |
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The ability to convert
assets into cash (or cash equivalent) without significant
loss. If a business has good liquidity they will be
able to meet their maturing obligations promptly, earn
trade discounts, benefit from a good credit rating,
etc. |
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| Mechanic's
Lien: |
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A lien on property
(such as a building or an invoice) given by statute
to a worker or contractor who performs work or furnishes
materials for the improvement of that property, until
compensation is made for the improvement. Until that
lien is satisfied, it usually takes precedence over
all other liens |
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| Negative
Cash Flow: |
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A pattern in which
cash receipts (income) are less than cash expenditures
(expenses). Continual negative cash flow usually leads
to the failure of the business |
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| Notification: |
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Process whereby
the factor lets an account debtor (your client's customer)
know that an invoice(s) has been purchased from your
client, and that the debtor is to pay the factor directly |
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| Non-recourse: |
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Without obligation
to pay. A type of factoring wherein once a factor purchases
a receivable they assume complete responsibility for
its collection. If the money owed cannot be collected,
the client will not be held liable |
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| Partnership: |
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A contract between
two or more people in a joint business venture who agree
to pool their funds and/or talents and share in the
profits and losses of the enterprise. General partners
are those who are responsible for the day-to-day management
of activities, whose individual acts are binding on
all the partners, and who are personally responsible
for the partnership's total liabilities. Limited partners
are those who contribute only money and are not involved
in management decisions and whose liability is limited
to the amount of their investment |
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| Personal
Guarantee: |
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An agreement between
the principal of a corporate borrower and a lender (or,
in the case of factoring, the factor and the client)
wherein the principal assumes liability for the obligations
and performance of the corporation |
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| Principal: |
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Generally, a major
party to a transaction, acting as either a buyer or
seller; or the owner of a privately held business |
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| Proprietorship: |
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Non-incorporated
business owned by a single person, who has the right
to all the profits from the business and is responsible
for all its liabilities |
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| Purchase
Order: |
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Written authorization
to a vendor (supplier) to deliver specified goods or
services at a stipulated price |
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| Recourse: |
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Type of factoring
in which the client, or guarantor, is liable for payment
(i.e., the return of the money advanced) in the event
the customer is financially unable to pay |
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| Reserve: |
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A deposit maintained
by a factor to cover bad debt losses and/or shrinkage
of accounts receivable because of discounts taken for
shortages, returns, etc. |
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| Security: |
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Property given or
pledged to ensure the repayment of a debt by a borrower |
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| UCC-1: |
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The document filed
with the Secretary of State and/or the County Clerk's
office(s) to perfect a factor's lien on a clients' assets
(accounts receivable). Also called "UCC Financing Statement." |
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| UCC-2: |
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The document that
is filed with the State of California, for clients incorporated
in California, to perfect a factor's lien on a clients'
assets (accounts receivable). |
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| UCC-3: |
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The
document that is filed with the Secretary of State and/or
the County Clerk's office(s) as evidence of an assignment,
release or change in the UCC-1. In the case of factoring,
a UCC-3 is filed to terminate a UCC- 1 when all outstanding
invoices are paid and the relationship between the client
and the factor is severed. Also called "UCC Statement
With Respect To Change." |
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Uniform
Commercial Code: |
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The federal code
which regulates the transfer of property |
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| Verification: |
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Process by which
a factor confirms the validity of an invoice by checking
directly with the client's customer to make sure a specific
invoice is indeed due and payable, and that payment
will indeed be made to the factor |