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Unit 13: Factoring and Forfeiting




          8.   The drawee or the acceptor of the bills is in full knowledge of the bank's charge on the  Notes
               receivables arising from the sale of goods and services.

          Factoring

          1.   Factoring renders all services like maintenance of sales ledger, advisory services, etc. in
               addition to the provision of finance.
          2.   Trade debts are purchased by assignment.
          3.   Factoring undertakes to collect the bills of the client.
          4.   Debts purchased for factoring cannot be rediscounted, they can only be refinanced.

          5.   Factoring may be with or without recourse.
          6.   Whereas in factoring, bulk is provided against several unpaid trade generated invoices in
               batches. It follows the principle of 'whole turnover'.

          7.   In full factoring services facility is 'off balance sheet' arrangement, as the client company
               completes his double entry accounting by crediting the factor for consideration value.
          8.   Factoring services like 'undisclosed factoring' are confidential in nature i.e. the debtors
               are not aware of the arrangements. Thus, the large industrial houses availing such facility
               can successfully claim of running business of their own without  any outside financial
               support.

          Similarities

          1.   Both provide short-term finance.
          2.   Both get the account receivables discounted which the client would have otherwise received
               from the buyer at the end of credit period.

          13.4 Rediscounting of Bills

          Presently banks purchase/discount/negotiate bills under Letter of Credit (LC) only in respect
          of genuine commercial and  trade transactions of their borrower constituents who have  been
          sanctioned regular credit facilities by the banks. Banks could not, therefore, extend fund-based
          credit facilities (including bills financing) to a non-constituent borrower or a non-constituent
          member of a consortium/multiple banking arrangement.
          Further, the practice of drawing bills of exchange claused 'without recourse' and issuing letters
          of credit bearing the legend 'without recourse' is discouraged because such notations deprive
          the negotiating bank of the right of recourse it has against the drawer  under the Negotiable
          Instruments Act. Banks therefore, do not open LCs and purchase/discount/negotiate bills bearing
          the 'without recourse' clause.
          However, Reserve Bank of India (RBI) in notification to banks dated 3rd August 2007 has advised
          that:
          1.   In cases where negotiation of bills drawn under LC is restricted to a particular bank, and
               the beneficiary of the LC is not a constituent of that bank, the bank concerned may negotiate
               such  an LC, subject to the condition that the  proceeds will  be remitted to the  regular
               banker of the beneficiary. However, the prohibition regarding negotiation of unrestricted
               LCs of non-constituents will continue to be in force.






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