Professional debt mobilization: responding to a rapid cash flow need

Verified 27 November 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Debt mobilization is a form of short-term financing. It allows a company to get an advance on the payment of its customer invoices. It is useful for companies with a rapid cash need. Debt mobilization is an alternative to discounting when the company's customers do not use the bills of exchange.

The mobilization of claims is a method by which a company gives or gives to a financial institution of professional debts (invoices) to receive advance payment:

  • Pledge of claims : where the credit institution authorizes an overdraft secured by pledged claims
  • Assignment of claims : when the credit institution opens a credit line for the company on a dedicated account

For example, a company has cash requirements in November, but the invoices it issued expire in December. It can then assign its receivables to obtain cash to a credit institution. The latter will obtain payment directly from the customers at the end of the term. In return, it pays the company the amount corresponding to the assigned claims.

However, this mobilization is not free : the credit institution does not pay the company the full amount. He subtracts a percentage that corresponds to his remuneration. The cost varies from one credit institution to another. It consists of the following:

  • File Fees
  • Interest
  • Fees per transfer note
  • Commission per assigned invoice
  • Charges for managing a receivables line

In general, debt mobilization costs around 10% of the amount net of assigned claims.

Example :

A company is awaiting payment of several invoices from one of its clients. The total amount of invoices is €67,000 HT. The company has cash requirements and decides to transfer its receivables to a financial institution. The institution accepts the transfer at the cost of 9% of the amount of the claim net of VAT.

Thus the institution will buy the company's claims from €60,970 instead of €67,000. The financial institution will then require the customer to €67,000 for which he is liable when the invoices come due.

Debt mobilization is called Dailly when it is effected by means of a Dailly slip.

FYI  

The company that wishes to mobilize the invoices of one or more professional clients does not need their agreement.

The claims which may be mobilized by a company are professional debts.

They must be determined or determinable :

  • A claim shall be determined when its essential characteristics are specified precisely. For example, it is price and quantity.
  • A claim may be determined where its essential characteristics can be deduced on the basis of indications given. For example, the price of a piece of jewelry is determined by the price of gold at the time of sale. The price is not determined because we do not know when the sale will take place but it is determinable.

Claims must also be due : this means that its immediate payment can be requested by the creditor from the debtor. In other words, all payment terms that had been granted to the debtor have expired.

FYI  

Debts in germ or futures may also be transferred.

In order to assign or pledge its claims, the company must contact a credit institution or financing business to offer to advance payment of the claims it wishes to assign. They will agree together on the amount of the advance required and on the customers whose claims could be assigned or pledged. The credit institution or financing business and the company shall sign an agreement to determine the broad outlines.

The company must then provide the credit institution or financing business with a slip with a copy of each relevant invoice. In the context of a Dailly debt mobilization, the company uses a slip called Dailly slip.

The list shall contain the following particulars and particulars:

  • Name ‘ deed of assignment of professional debts ' or ‘pledge of professional debts’
  • Mention that the act is subject to the provisions of Articles L. 313-23 to L. 313-34 of the Monetary and Financial Code
  • Name or trade name of the credit institution or the beneficiary financing business
  • Designation or individualization of the assigned claims or of the elements which allow such designation or individualization (place of payment, amount of claims...).

The waybill must be signed by the transferor (the company) and the date shall be affixed by the assignee (the credit institution or financing business).

FYI  

Assignment or pledge of debt is enforceable against third parties from the date indicated on the transfer note.

There are 2 types of assignment/pledge:

  • Simple assignment: the company must indicate on the invoices it issues to its customers that it has recourse to a professional debt mobilization
  • Notified assignment: the credit institution or financing business shall notify the debtor customer

FYI  

The term ‘assignment’ in the terms ‘simple assignment’ and ‘notified assignment’ also includes the pledge.

The company assigning or pledging claims maintains customer relationship management since it receives payment for maturing claims. It must therefore ensure that its customers have paid their bills. Indeed, when the mobilized claims mature, the credit institution or the financing business deduct the amount of the claim(s) from the company's account which has mobilized its claims.

The the risk of default therefore weighs on the company which has mobilized its claims.

Factoring

Mobilization of claims

Discount

For what type of receivables?

All professional debts

All professional debts

Effects on trade

Receivables Management

The factor acquires the management of the relevant accounts receivable.

The company retains the management of its accounts receivable.

The company retains the management of its accounts receivable.

Who bears the risk of defaults?

The Factor

The company

The company

Timeliness of funds

24:00 to 48:00

As soon as the invoice is issued

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The public service accompanying companies

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