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Factor Connection

What Is Invoice Factoring?

Invoice factoring lets you sell unpaid business invoices to a finance company for cash now instead of waiting weeks for your customers to pay. This chapter covers the basics.

Chapter 1 of 11

By Factor Connection Editorial Team · Updated

You did the work. You sent the invoice. Now you wait 30, 60 or even 90 days to get paid. Meanwhile, payroll, rent, fuel and suppliers are due this week.

Invoice factoring is one way to close that gap. You sell your unpaid invoices to a company called a factor. The factor pays you most of the invoice value up front. When your customer pays, the factor sends you the rest, minus its fee.

The short definition

Invoice factoring is the sale of your accounts receivable at a discount. Accounts receivable are the amounts your business customers owe you for goods or services you already delivered.

In most factoring deals, three things happen:

  • You receive an advance, which is a large share of the invoice amount, often within a day or two of approval.
  • The factor collects the invoice from your customer.
  • The factor releases the remaining balance to you after it is paid, keeping a fee for its service and the time its money was outstanding.

Under the Uniform Commercial Code, a sale of accounts is covered by the same article that governs secured lending, Article 9. That is why factors file public notices and why the paperwork can look a lot like a loan file. You will learn more about this in the chapter on UCC filings.

Who uses invoice factoring

Factoring is a business-to-business tool. It works when your customers are other businesses or government agencies that pay on terms. It generally does not work for sales to consumers.

Businesses that often look at factoring include:

  • Trucking companies and owner-operators that haul for shippers and freight brokers
  • Staffing agencies that pay workers weekly but bill clients monthly
  • Manufacturers and distributors that sell to retailers or wholesalers
  • Construction subcontractors that bill in stages
  • Government contractors that wait on agency payment cycles
  • Service firms such as consulting, engineering and marketing agencies

Young companies use factoring because approval depends heavily on the credit of their customers, not just their own track record. Established companies use it to fund fast growth, a large new contract, or a seasonal spike.

Factoring vs. a loan

Factoring and bank loans both put cash in your account. They work differently.

Invoice factoringTraditional loan
What happensYou sell an asset (your invoices)You borrow money and owe it back
Main credit focusYour customers' ability to payYour business's credit and financials
RepaymentYour customer pays the invoiceYou make scheduled payments
How it growsFunding rises as your sales riseFixed limit set at approval
CollateralThe invoices themselvesOften business assets, sometimes personal assets

Because factoring is structured as a sale, you are not adding a loan payment to your monthly bills. That said, many agreements still hold you responsible if a customer does not pay. This is called recourse, and it is covered in its own chapter.

Factoring also tends to cost more than a bank line of credit when you measure it over a full year. You trade a higher cost for speed, easier qualification and funding that grows with your sales.

The three parties in every factoring deal

Every factoring transaction involves three parties. Knowing who does what makes the contracts much easier to read.

1. Your business (the client or seller)

You sell the goods or perform the services. You issue the invoice. Then you sell that invoice to the factor. In contracts, you may be called the "client," "seller" or "assignor."

You promise that each invoice is real, accurate and owed. You also agree not to sell the same invoice to anyone else.

2. The factor (the buyer)

The factor is the finance company that buys your invoices. It checks the invoices, advances funds, tracks payments and collects from your customers. In contracts, it may be called the "purchaser" or "assignee."

The factor earns money through its fees. It takes on the job of waiting for payment and, in some deals, part of the risk that your customer never pays.

3. Your customer (the account debtor)

Your customer is the business or agency that owes the invoice. Legal documents call this party the account debtor.

In many factoring setups, your customer gets a notice telling it to send payment to the factor instead of to you. Once a customer receives proper notice, the Uniform Commercial Code says paying you instead of the factor may not discharge its debt. That rule gives factors confidence that they will be paid.

What factoring is not

A few related products get mixed up with factoring:

  • Merchant cash advances buy a share of your future card or bank deposits. They are not tied to specific invoices.
  • Asset-based lending is a loan secured by receivables, inventory and other assets. You keep collecting your own invoices.
  • Purchase order financing pays your supplier so you can fill an order before you have an invoice.

Each tool has its place. The chapter on whether factoring is right for you compares them side by side.

Frequently asked questions

Is invoice factoring the same as a loan?

No. In a typical factoring deal you sell your invoices instead of borrowing against them. The factor is repaid when your customer pays the invoice. Some agreements still make you buy back invoices that go unpaid, so read the recourse terms closely.

Can I factor invoices to consumers?

Factoring is built for invoices to businesses and government agencies. Consumer receivables are usually outside what factors buy, partly because consumer collections carry their own legal rules.

Do I need good personal credit to factor?

Your customers' payment history usually matters more than your own credit. Factors still look at your business, your existing liens and any unpaid taxes, as later chapters explain.

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Sources

  • Uniform Commercial Code § 9-109, Scope of Article 9 (includes sales of accounts) — Cornell LII: https://www.law.cornell.edu/ucc/9/9-109
  • Uniform Commercial Code § 9-102, Definitions ("account" and "account debtor") — Cornell LII: https://www.law.cornell.edu/ucc/9/9-102
  • Uniform Commercial Code § 9-406, Discharge of account debtor; notification of assignment — Cornell LII: https://www.law.cornell.edu/ucc/9/9-406

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