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How to Submit Your Deals
While many of the periodic tasks
performed by industry brokers take time and careful though, the
process of deal submission is not one of them. In fact, for
brokers and consultants in factoring and alternative commercial
finance, submitting deals really could not be much easier.
The most accepted method of submitting a deal to a factor is
through the submission of a
Company Profile which is
completed by the prospective client. Upon completion, the
profile should be reviewed by the broker and then submitted via
fax or email to the factor. Brokers are not required to
submit any more than the Profile although "seasoned"
brokers with some
experience will often show their professionalism by also
submitting....
• a copy of Online Incorporation Information showing
the corporate status of the entity and the correct spelling of
their corporate name. This is available from the Division
of Corporations or a similar entity in the prospect's state of
operation or formation.
• an Accounts Receivable Aging Report which is
provided by the prospect and will show the names of the prospects
largest customers, their invoice balances, and how long the
invoices have been outstanding. The aging report will also
show "Over 90s" or those invoices that have not been collected
upon in 90 days. Over 90s can evidence a problem with the
prospect's product or services if they are numerous.
• a balance sheet and income statement (for
submissions of size). This is generally much more important
to asset-based lenders than factors.
Potential
Deal Breakers
The Company Profile contains
several areas for information that are potential deal breakers
and brokers should be aware of these.
• No Invoices Outstanding: It is not
unusual for a "new broker" that does not understand factoring to
submit a deal from a company with absolutely no invoices to sell.
This often involves a prospect that is looking for Contract
Finance, a service not provided by factors. Factors
only buy invoices...not contracts based on future sales.
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• Outstanding Bank Loans: In order to
create a factoring relationship, the factor must have a senior
/ first position on a client's accounts receivable. If
the completed company profile shows loans outstanding that would
normally be secured by a UCC filing on accounts, there are only
two choices: 1) The senior lender must subordinate or
give up its senior position to the factor or... 2) The senior
lender must be taken out (paid off) by the funds from the
factor's first advance on invoices.
• Tax Liens:
Federal and state tax liens can be deal breakers if they are of
such size that the funds from the first advance cannot pay them
off and remove them. In some cases, the IRS will subordinate
their lien position to the factor due to the factor's better funds
management skills so long as the factor arranges a payment to be
made against the taxes owed from periodic advances.
(Marketing Note: In some cases, companies with "small" tax
liens will actually seek out a factor to finance the accounts so
the IRS can be paid off.)
Upon receipt of a Company Profile from a broker, one of the
factor's first tasks will be to pull a UCC search on the prospect
for UCC-1 filings (showing loans and collateral) and a tax lien
search. If the searches show loans or tax liens outstanding
which weren't evidenced on the Profile, the attempt at
cover up by the prospect may be enough for the factor to decline
the deal.
When to
Get Your Broker's Agreement
Typically, a broker
will call a factor prior to faxing the Company Profile
to discuss the deal and to ascertain if the factor has an interest
in that particular client or industry. In some cases where
specialized industries are involved, the broker will need to
direct the deal to a "specialized factor".
If the factor indicates an interest, now is the time to request a
Broker's Agreement which will be quickly emailed to you.
There is no reason to call numerous factors to obtain Broker's
Agreements prior to having a deal to submit.
Should I
Shop Factors?
NEVER! Shopping factors (submitting the deal
to multiple factors at the same time) is frowned upon in the industry and will generally be
reason for a factor not to accept submissions from you in the
future. If you are turned down by the first factor, he will
likely tell you why the submission was rejected and may give you
the name of another factor better equipped to take the deal.
Ask for a referral or suggestion if the deal is rejected and if the deal has
potential, the factor will gladly provide the reference.
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