Factoring Blog

Recourse Factoring vs. Non Recourse Factoring

We have recently written articles about non recourse factoring and about recourse factoring and wanted to opportunity to make a side by side comparison of the products. This should better help you decide which one is better for you. We’ll start by saying  that the subject of recourse and non recourse factoring is one of the most misunderstood of the industry. We think it’s a combination of the fact that the term non-recourse is used in other financial products and has a very different definition. We hope that this short article clears this up and help you in deciding which product is best for your company.

Non-Recourse Factoring

A commonly accepted definition of non recourse financing is “a loan that is secured by collateral – where the lender can only pursue the collateral - and not the borrower – in case of default.” Most people read this or something similar and assume that it applies to factoring in the same way. They believe that in non-recourse factoring, if the customer does not pay the invoice for whatever reason, they will be protected against the loss because the factoring company will absorb it. For the most part – this is a wrong assumption.

In most cases of non recourse factoring, an invoice is factored with the expectation that the customer will pay the invoice in 90 days. If the customer does not pay the invoice within 90 days, the client has to pay the factoring company back unless the end customer declares insolvency within those 90 days. This is a very important detail: the non recourse invoice factoring program only protects you if the invoice is not paid due to a customer insolvency and only if the insolvency happens within the 90 day period.  For example, if a customer does not pay the invoice because they have a dispute or are simply low on funds – you will most likely still be liable to the factoring company after 90 days. Note that the implementation of non recourse factoring varies by factoring company – but most use a version of the model described in this article.

Recourse Factoring

This type of factoring is a lot simpler. In recourse factoring, an invoice is factored with the expectation that the customer will pay the invoice in 90 days. If the customer does not pay the invoice within 90 days, the client has to pay back the factoring company.

Which is better – Recourse or Non Recourse Factoring?

This is difficult to answer since it depends on what you are looking for. But keep this in mind, regardless of which factoring plan you get, all factoring companies check the credit of your invoices thoroughly before advancing  any funds. This provides your company (and the factoring company) with a level of credit protection since it will likely root out any problem invoices. However, a non recourse factoring program will also protect you against an unexpected customer default. Although rare, these do happen and non recourse factoring offers some protection against it. Ultimately, your best bet is to review your factoring options with a competent CPA or attorney who can advise you specifically as to which plan is best for you.

Disclaimer: Each factoring company offers their own version of recourse or non recourse factoring and you should seek professional help when evaluating factoring opportunities. This article is not intended as legal or financial advise.

What is Non-Recourse Factoring?

Non-recourse factoring is one of the most misunderstood subjects in the field of factoring finance – perhaps because use of the word non-recourse varies across the finance industry. Let’s first start with full recourse factoring agreements, since they are the simplest to understand. In a recourse factoring agreement, the client agrees to buy back the invoice  from the factoring company if the invoice is not paid within the factoring period – usually 90 days. Said simply, your company buys back the unpaid invoice after 90 days regardless of the reason for non payment.

Non-recourse factoring is a little bit more complex because each factoring company implements their own version of it. You should ask your factoring company if they offer it – and if they do – inquire as to what is covered under their non-recourse agreements. But for the most part, in a non-recourse factoring agreement, the client does not have to buy the invoice back if (and only if) the invoice is not paid due to a customers declared financial insolvency and if (and only if) the insolvency happened during the factoring period. As you can see, there are a lot of conditions in this definition.

The first conclusion that you can draw from this non-recourse factoring does NOT offer a blanket protection against customer non-payment. Not even close. It only offers protection against certain types of client insolvencies. This means that an invoice could be sold back to you if there is a dispute or if your client is unwilling to pay, except due to an insolvency.

One thing we’d like to add is that factoring companies are quite good at evaluating customer credits and do their best to avoid buying invoices from companies that are in financial problems – irrespective of your type of factoring agreement. So using your factoring company’s credit evaluation facilities should offer some protection in itself.

Lastly, please note that each invoice factoring company offers recourse/non-recourse factoring in their own way. You should have an attorney review your agreement and explain all the details to you before engaging the factoring company.

 

Update: Here is a side by side comparison of recourse factoring vs. non recourse factoring.

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