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Future Receivables Factoring Agreement for the United States

Future Receivables Factoring Agreement Template for United States

A Future Receivables Factoring Agreement is a financial contract governed by U.S. commercial law, particularly the Uniform Commercial Code (UCC). This agreement enables businesses to sell their future receivables at a discount in exchange for immediate capital. The document outlines the purchase terms, collection mechanisms, representations and warranties, and remedies available to parties. It incorporates both federal and state-specific requirements for secured transactions and financial services.

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Future Receivables Factoring Agreement

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What is a Future Receivables Factoring Agreement?

The Future Receivables Factoring Agreement serves as a crucial financing tool for businesses seeking immediate working capital. This document, compliant with U.S. federal and state regulations, establishes the terms under which a business can sell its anticipated future receivables to a factor at a discount. It's particularly valuable for businesses with predictable revenue streams but immediate cash flow needs. The agreement covers purchase price calculations, collection mechanisms, security interests, and risk allocation between parties, while ensuring compliance with UCC Article 9 and relevant state-specific requirements.

What sections should be included in a Future Receivables Factoring Agreement?

1. Parties: Identification of the Factor and the Merchant/Seller

2. Background: Context of the agreement and basic commercial arrangement

3. Definitions: Key terms including 'Future Receivables', 'Purchase Price', 'Collection Period'

4. Purchase and Sale: Core transaction terms and mechanics of the receivables purchase

5. Purchase Price and Payment Terms: Pricing, payment schedule, and calculation methods

6. Representations and Warranties: Seller's assertions about business, receivables, and authority

7. Covenants: Ongoing obligations of both parties

8. Collection Procedures: Process for collecting and remitting receivables

9. Events of Default: Circumstances constituting default and remedies

10. Term and Termination: Duration and termination provisions

What sections are optional to include in a Future Receivables Factoring Agreement?

1. Security Interest: Additional security provisions when collateral is required

2. Personal Guarantee: Personal guarantee provisions from business owner when merchant credit quality requires additional support

3. Insurance: Insurance requirements when specific coverage is needed

4. Credit Card Processing: Specific provisions for card processing arrangements when receivables involve credit card payments

What schedules should be included in a Future Receivables Factoring Agreement?

1. Schedule A - Purchase Price Calculation: Detailed methodology for calculating purchase price

2. Schedule B - Collection Account Details: Banking and payment processing information

3. Schedule C - Form of Notice to Account Debtors: Template for notifying customers of assignment

4. Appendix 1 - UCC Filing Information: Details for UCC financing statements

5. Appendix 2 - Personal Guarantee Form: Standard form of personal guarantee if required

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Document Type

Financing Agreement

Cost

Free to use
Clauses






























Industries

UCC Article 9: Uniform Commercial Code Article 9 governs secured transactions, including the creation, perfection, and priority of security interests in personal property

UCC Article 2: Uniform Commercial Code Article 2 covers sales of goods and may be relevant when determining the nature of the receivables being factored

UCC Article 1: Uniform Commercial Code Article 1 provides general provisions and definitions applicable to all UCC transactions

Truth in Lending Act: Federal law requiring disclosure of credit terms and standardizing the manner in which costs associated with borrowing are calculated and disclosed

Equal Credit Opportunity Act: Federal law that prohibits discrimination in credit transactions based on race, color, religion, national origin, sex, marital status, age, or public assistance status

Fair Credit Reporting Act: Federal law that regulates the collection, dissemination, and use of consumer credit information

Bank Secrecy Act: Federal law requiring financial institutions to assist government agencies in detecting and preventing money laundering

Anti-Money Laundering Regulations: Federal regulations designed to prevent conversion of illegally obtained money into legitimate assets

Dodd-Frank Act: Comprehensive federal law reform that brought significant changes to financial regulation and consumer protection in the wake of the 2008 financial crisis

State Usury Laws: State-specific laws that regulate maximum interest rates and charges that can be imposed on financial transactions

State Licensing Requirements: State-specific regulations governing the licensing and operation of factors and financial institutions

State UCC Variations: State-specific modifications and interpretations of the Uniform Commercial Code

State Securities Laws: State-specific regulations governing securities transactions, which may apply if the factoring arrangement is structured as a security

FTC Regulations: Federal Trade Commission regulations protecting consumers and promoting competition in financial services

CFPB Guidelines: Consumer Financial Protection Bureau guidelines governing consumer financial products and services

Bankruptcy Code: Federal laws governing bankruptcy proceedings that may affect the rights of factors in the event of debtor bankruptcy

Fair Debt Collection Practices Act: Federal law that governs debt collection practices and may apply to factors collecting on purchased receivables

E-SIGN Act: Electronic Signatures in Global and National Commerce Act, which gives legal recognition to electronic signatures and records in commercial transactions

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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