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Factoring: Converting Accounts Receivables to Cash

Understand the world of factoring and avoid common problems within factoring.

Factoring has existed for decades as a niche market in a few industries. Today, factoring is widely accepted as a mainstream form of financing. The factoring industry is growing at a rapid pace and the demand for factoring will increase in a struggling economy. Factoring requires a sophisticated understanding of many legal issues to avoid stepping on land mines. It is also an industry that is vulnerable to fraud and misappropriation. This material will introduce you to the world of factoring, increase your understanding and awareness of legal issues and help you identify and avoid common problems within factoring.

87 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Basic Legal Concepts of Factoring

  • History of Factoring
  • True Factoring vs. Loan
  • Application of UCC, Article 9
  • Deal Flow and Structure of Factoring Transaction

Typical Documentation of a Factoring Transaction

  • Anatomy of a Factoring Agreement
  • Guarantees
  • Validity Guarantees (Bad Boy)
  • Indemnifications
  • Other Ancillary Documents

Due Diligence War Stories and Red Flags

  • Searches - UCC, Judgments, Bankruptcy, Tax Liens (the Importance of National Searches)
  • Prior Names, Mergers and Acquisitions, Affiliates and Alter Egos
  • Inventory Issues, Bailees and Warehouses
  • Subordinations and Intercreditor Agreements
  • Perfecting Liens

Notice of Assignment: The Key to Double Liability

  • Adequate Notice
  • Proof of Notice
  • Verification - Signed?
  • Estoppel - Waiver of Defenses and Offsets
  • Email

The Due Diligence Family Reunion

  • IRS 45-Day Rule
  • State Tax Liens
  • Bankruptcy
  • Judgment Liens
  • Employment Commissions

Special Situations, Special Rules and Secret Liens

  • Agricultural
  • Transportation
  • Construction
  • Medical
  • Employee Leasing
  • Government Accounts - Assignment of Claims Act
  • Payroll Taxes
  • Oil and Gas

Dangerous Clients and Fraud

  • Pre-Billing
  • Double Billing
  • False Invoices
  • COVID-19
  • Getting Law Enforcement Involved
  • Objecting to Discharge

Collections and Chasing Account Debtors Across the Country

  • Asserting Demand
  • Suing - Venue
  • Arbitration
  • Proper Pleadings

Bankruptcy

  • Treatment of Factoring
  • Automatic Stay Issues
  • Cash Collateral Orders
  • DIP Financing
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.0
     
  • HI CLE 1.25
     
  • ME CLE 1.0
     
  • NJ CLE 1.8
     
  • VT CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

OnDemand Course

This course was last revised on March 31, 2021.

Call 1-866-352-9540 for further credit information.

  • AIPB 1.5
     
  • This program is acceptable for 1.5 CPEC(s) towards the CB designation through the American Institute of Professional Bookkeepers (AIPB).
     

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Jason M. Medley

Jason M. Medley

Clark Hill PLC

  • Member, Clark Hill PLC, Banking and Financing Services
  • IFA preferred attorney, 20+ years’ experience with commercial finance, handled $20MM factoring fraud case with assignment for benefit of creditors, and handled $60MM factoring fraud leading to FBI arrest
  • Defended numerous true sale challenges in courts across the country
  • Generated operative documents and infrastructure for favoring divisions of large national banks
  • Author of “IFA Legal Compendium 4th Edition,” 2020; “United States Law Continues to Embrace Factoring (... Even During a Pandemic),” BCR 2020 World Factoring Yearbook; and “US Law Continues to Embrace Factoring,” BCR 2019 World Factoring Yearbook
  • Memberships: general counsel, Houston Chapter of the Commercial Finance Association (now known as the Secured Finance Network); member of Turnaround Management Association, Houston Chapter; International Factoring Association, preferred attorney; Texas Association of Bank Counsel, member, 2001–present; Lake Houston Area Chamber of Commerce, chairman of the board, 2009; YMCA, board of directors, 2009; legal counsel & member of Commercial Finance Association, Houston Chapter
  • J.D. degree, University of Houston Law Center; B.S. degree, University of Houston
  • Can be contacted at 713-951-5636 or [email protected]
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman.

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Product ID: 408091
Published 2021
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