A friend of mine started a Bank two years ago. Their
business plan was excellent and they were acquired by a Bank Holding Company
before they opened. In other words, the organizers made money before they
funded their first loan!
The bank was well capitalized and well run. No bad checks
and no bad assets were on the balance sheet. Nevertheless, my banker friend,
the President and CEO, was not happy. He quit at the end of last December. Why
would someone give up a fine salary at a successful Bank?
He quit because he hated working there. The main reason was
the conflict between the Holding Company’s pressure on the Bank to make more
loans, today’s economy, and the pressure of the U.S.
regulators not to make any unsafe or unsound loans. He was torn apart by these
two powerful forces. Gregg Financial Services believes that all banks are under
similar pressures.
Today’s Wall Street Journal reported on two of the world’s
most astute real estate investors, Tishman Speyer Properties and BlackRock Inc.
They defaulted on $4.4 Billion in debt that was used to acquire apartment
buildings in New York for $5.4
Billion in 2006. The investors are loosing over a billion dollars and the banks
that are taking a deed in lieu of foreclosure are probably going to also take
substantial losses. It appears that the same forces that tore my banker friend
apart caused this deal to collapse.
It is no secret that people are not borrowing money in
sufficient quantities to turn the economy around. Conversely, banks are not
lending money to many people who desperately need it. The residential mortgage
meltdown has seriously damaged the US
economy and the looming commercial mortgage meltdown may cause many more banks
to fail.
My banker friend estimated that another 1000 Banks will fail
this year. Another source estimates that as much as 40% of our 8000 banks are
at risk of failing. The FDIC insurance fund is insolvent. Freddie Mac and
Fannie Mae are technically bankrupt but for the indulgence of the US Treasury.
The bottom line: 2010 is going to be a tough year for the US
economy and asset lenders of all types. Accounts receivable financing, purchase
order financing and real estate financing face unprecedented challenges this
year.
The Role of “Reverse Factoring” in Supplier Financing of Small and Medium Sized Enterprises Leora Klapper Development Research Group The World Bank 1818 H Street, NW Washington, DC 20433 (202) 473-8738 lklapper@worldbank.org Thanks to Marie-Renee Bakker, Andrew Claster, Thomas Glaeessner, Ulrich Hess, Ashley Hubka, Peer Stein, Gregory Udell and Dimitri Vittas for helpful comments. A special thanks to Gabriela Guillermo and Rafael Velasco at Nafin and Gamaliel Pascual at DBP for their generous assistance. The paper has also benefited from helpful conversation with Mexican buyers, suppliers and lenders that participate in the Nafin program. This paper draws on an earlier paper, “The Role of Factoring in Commercial Finance and the Case of Eastern Europe” by Bakker, Klapper and Udell, World Bank Working Paper No. 3342, 2004. This paper was funded by the Rural Finance Innovations (RFI) ESW, managed by Ulrich Hess. 2 Table of Contents Chapter 1: Introduction ...................................................................................................... 3 Chapter 2: The Mechanics of Factoring............................................................................. 6 Chapter 3: The Advantage of “Reverse Factoring” ........................................................... 9 Chapter 4: The Benefits and Challenges to Reverse Factoring in Emerging Markets .... 10 Chapter 5: The Nafin Factoring Program in Mexico....................................................... 13 Chapter 5.1: Overview.................................................................................................. 13 Chapter 5.2 Products offered ........................................................................................ 15 Chapter 5.3: Benefits to Sellers, Buyers, and Lenders ................................................. 19 Chapter 5.4: Lessons Learned....................................................................................... 21 Chapter 6: International Experience ................................................................................. 22 Chapter 6.1: The Bankinter's Factoring Product in Spain ............................................ 22 Chapter 6.2: The Development Bank of the Philippines Factoring Product................. 22 Chapter 6.3: The Potential for Factoring in Sri Lanka.................................................. 23 Chapter 7: Conclusion....................................................................................................... 24 Annex 1:............................................................................................................................ 27 Boxes Box 1: The mechanics of factoring.................................................................................... 6 Box 2: An example of an international factoring transaction ............................................ 8 Box 3: Factoring in Eastern Europe................................................................................. 12 Box 6: The experience of a Small Supplier ..................................................................... 19 Box 7: The experience of a Big Buyer............................................................................. 20 Box 8: Example of MAS Holdings.................................................................................. 24 Tables and Figures Table 1: 2003 Factoring Turnover By Country (in Millions of EUR)............................... 4 Figure 1: Ordinary Factoring .............................................................................................. 9 Figure 2: Reverse Factoring................................................................................................ 9 Figure 3: The Nafin factoring Agreement ........................................................................ 17 Figure 4: The Nafin Purchase Order Agreement .............................................................. 18 3 Chapter 1: Introduction A challenge for many small businesses is access to bank financing. In particular, many firms find it difficult to finance their production cycle, since after goods are delivered most buyers demand 30 to 90 days to pay. Sellers issue an invoice – recorded for the buyer as an account payable and for the seller as an account receivable – which is an illiquid asset for the seller until payment is received. Factoring is a type of supplier financing in which firms sell their credit-worthy accounts receivable at a discount (equal to interest plus service fees) and receive immediate cash. Factoring is not a loan. There is no debt repayment and no additional liabilities on the firm’s balance sheet, although it provides working capital financing. In addition, most factoring is done “without recourse”, meaning that the firm that purchases the receivables, referred to as “the factor”, assumes responsibility for the buyers ability to pay. Factoring is a comprehensive financial service that includes credit protection, accounts receivable bookkeeping, collection services and financing. Factoring is used in developed and developing countries around the world. In 2003, total worldwide factoring volume was over US$ 750 billion, as the result of an impressive growth rate of 135% in the five-year period 1996-2003. In some developed economies such as the US, its importance as a primary source of working capital finance tends to be concentrated in selected industries. In other developed economies such as Italy, however, its importance as a primary source of working capital appears to be much more widespread. As shown in Tables 1, both domestic and international factoring is beginning to emerge as a major source of financing in developing economies. The global pattern of factoring suggests that it may have an advantage compared to other types of lending, such as loans collateralized by fixed assets, under certain conditions. Factoring appears to be a powerful tool in providing financing to high-risk informationally opaque borrowers. Its key virtue is that underwriting in factoring is based on the risk of the accounts receivable themselves rather than the risk of the borrower. For example, factoring may also be particularly well suited for financing receivables from large or foreign firms when those receivables are obligations of companies who are more creditworthy than the factoring client itself. Factoring may also be particularly important in financial systems with weak commercial laws and enforcement and inefficient bankruptcy systems. Like traditional forms of commercial lending, factoring provides small and medium enterprises (SMEs) with working capital financing. However, unlike traditional forms of working capital financing, factoring involves the outright purchase of the accounts receivable by the factor, rather than the collateralization of a loan. The virtue of factoring in a weak business environment is that the factored receivables are removed from the bankruptcy estate of the borrower and become the property of the factor. 4 Table 1: 2003 Factoring Turnover By Country (in Millions of EUR) Companies Domestic International Total 5-Yr Growth Rate Argentina 65 5 70 -95% Australia 13,656 60 13,716 169% Austria 2,598 334 2,932 46% Baltics 2,012 250 2,262 381% Belgium 9,500 2,000 11,500 51% Brazil 12,000 40 12,040 -29% Canada 2,131 1,030 3,161 62% Chile 3,300 200 3,500 35% China 2,400 240 2,640 8416% Costa Rica 180 5 185 -18% Cuba 30 63 93 -50% Czech Rep 1,600 280 1,880 141% Denmark 3,570 2,000 5,570 66% El Salvador 100 2 102 . Finland 8,545 265 8,810 56% France 68,200 5,000 73,200 38% Germany 27,131 7,951 35,082 76% Greece 3,500 180 3,680 333% Hong Kong 2,000 1,250 3,250 81% Hungary 1,080 62 1,142 693% India 1,500 115 1,615 528% Indonesia 1 0 1 -97% Ireland 8,800 50 8,850 44% Israel 20 170 190 -13% Italy 124,510 8,000 132,510 51% Japan 60,000 550 60,550 9% Lebanon 35 0 35 . Malaysia 690 28 718 -11% Mexico 4,435 100 4,535 28% Morocco 130 30 160 181% Netherlands 16,000 1,500 17,500 -15% New Zealand 250 13 263 43% Norway 6,800 825 7,625 79% Oman 10 0 10 -52% Panama 160 0 160 1355% Poland 2,450 130 2,580 326% Portugal 11,828 353 12,181 64% Romania 90 135 225 508% Russia 470 15 485 . 5 Table 1: 2003 Factoring Turnover By Country (in Millions of EUR), Cont. Companies Domestic International Total 5-Yr Growth Rate Saudi Arabia 50 0 50 . Singapore 2,060 375 2,435 24% Slovakia 296 88 384 140% Slovenia 140 30 170 386% South Africa 5,350 120 5,470 2% South Korea 0 38 38 -100% Spain 36,443 1,043 37,486 199% Sri Lanka 94 8 102 65% Sweden 9,650 1,300 10,950 45% Switzerland 1,298 216 1,514 16% Taiwan 11,700 4,300 16,000 666% Thailand 1,400 25 1,425 41% Tunisia 160 50 210 188% Turkey 4,200 1,130 5,330 2% U.S.A. 77,496 3,200 80,696 -8% UAE 36 1 37 . UK 158,270 2,500 160,770 56% TOTAL 712,657 47,735 760,392 37% Source: Factor Chain International, http://www.factors-chain.com. Growth rates equal to “.” indicate values of zero in 1999. 6 Chapter 2: The Mechanics of Factoring In factoring, the underlying assets are the seller’s accounts receivable, which are purchased by the factor at a discount. The remaining balance is paid to the seller when the receivables are received, less interest and service fees. For example, most factors offer sellers financing up to 70% of the value of an account receivable and pay the remaining 30% – less interest and service fees – when payment is received from the buyer. In general, financing is linked on a formula basis to the value of the underlying assets, e.g., the amount of available financing is continuously updated to equal a percentage of available receivables. Box 1: The mechanics of factoring Step 1: Small Supplier, S, sells 1 million in tomatoes to its customer Big Buyer, B, a large multinational exporter. S in a competitive gesture offers B 30-days trade credit. S records the sale as 1 million in accounts receivable and B records the purchase as 1 million in accounts payable. Step 2: S needs working capital to produce more inventory. A factor, F, purchases S’s accounts receivable (S “assigns” its accounts receivable from B to F). S receives today 70% of the face value of the accounts receivable (700,000). B is notified that S’s receivables have been factored. Step 3: In 30 days, F receives the full payment directly from B, and S receives the remaining 30% less interest (on the 700,000) and service fees. An important feature of the factoring relationship is that a factor will typically advance less than 100% of the face value of the receivable even though it takes ownership of the entire receivable. The difference between this advance amount and the invoice amount (adjusted for any netting effects such as sales rebates) creates a reserve held by the factor. This reserve will be used to cover any deficiencies in the payment of the related invoice. If and when the invoice is paid in full, the reserve amount is remitted by the factor to its client.1, 2 A typical advance rate might be 70%, which establishes a 30% reserve. Thus, even in non-recourse factoring there is risk sharing between the factor and the client in the form of this reserve account. In most cases there are additional fees beyond the commission associated with various components of the factoring relationship. For example, interest may be charged 1 The availability of this reserve account to cover deficiencies may vary. As described above the reserve is applied only to the invoices of a specific account. Alternatively, the factoring contract could permit the reserves against one account to be applied to deficiencies in other accounts. 2 The reserve account represents a liability of the factor to its client. In effect, the client has extended contingent credit to the factor which exposes the client to risk. As a result, if the factor becomes insolvent the client will become a general creditor of the factor and will be exposed to a potential loss up to the amount of the reserve. Thus, from the client’s perspective the reputation and creditworthiness of the factor may be an important consideration. 7 on the outstanding balance of receivables or on the balance on receivables outstanding more than a fixed number of days. Alternatively, the interest could be fixed and included in the commission. In short, the fees and expenses associated with a factoring relationship vary from relationship to relationship. In addition to interest fees, these may include some or all of the following:3 application fee, credit checking fees, origination fee, pre-contract due diligence fees—to conduct on—and off-site reviews of client’s books and records, public records searches for tax liens or judgments, lawsuits, bankruptcy filings, administrative actions, news items, press releases, etc. Factoring can be done either on a “non-recourse” or “recourse” against the factor’s client (the sellers). In non-recourse factoring, the lender not only assumes title to the accounts, but also assumes most of the default risk because the factor does not have recourse against the supplier if the accounts default. Under recourse factoring, on the other hand, the factor has a claim (i.e., recourse) against its client (the “borrower”) for any account payment deficiency. Therefore, losses occur only if the underlying accounts default and the borrower cannot make up the deficiency. In developed countries it appears that factoring is more frequently done on a non-recourse basis. In Italy, for example, 69% of all factoring is done on a non-recourse basis (Muschella 2003). Similarly, a study of publicly traded firms in the U.S. found that 73% of firms factored their receivables on a non-recourse basis, but that both sellers with poorer quality receivables and sellers who, themselves, were higher quality were more likely to factor with recourse (Sopranzetti 1998). Since in emerging markets it is often problematic to assess the default risk of the underlying accounts, most factoring is done on a recourse basis.4 In addition, factoring can be done on either a notification or non-notification basis. Notification means that the buyers are notified that their accounts (i.e., their payables) have been sold to a factor. Under notification factoring, the buyers typically furnish the factor with delivery receipts, an assignment of the accounts and duplicate invoices prepared in a form that indicates clearly to the supplier that their account has been purchased by the factor. Factoring can be viewed as a bundle of activities. In addition to the financing component, factors typically provide two other complementary services to their clients: credit services and collection services. The credit services involve assessing the creditworthiness of the borrower’s customers whose accounts the factor will purchase. Factors typically base this assessment on a combination of their own proprietary data and publicly available data on account payment performance. The collection services involve the activities associated with collecting delinquent accounts and minimizing the losses associated with these accounts. This includes notifying a buyer that an account is delinquent (i.e., past due). and pursuing collection through the judicial system. 3 This list of fees and expenses is from “Factoring: Modern American Style” by Richard G. Worthy presented at the World Bank Conference on “The Factoring Industry as a Key Tool for SME Development in EU Accession Countries”, October 23-24, 2003. 4 An exception is the factoring of foreign receivables in some emerging markets, such as Eastern Europe, which typically also involve some form of credit insurance. 8 Essentially, SMEs that utilize a factor are, in effect, outsourcing their credit and collection functions to their factor. This represents another important distinction between factors and traditional commercial lenders. A factor may enjoy a number of important advantages in offering credit and collection services along with its funding services. First, it may enjoy significant economies of scale in both of these activities relative to its clients. Because the factor is handling these services for a large number of different clients it can amortize the fixed costs associated with these activities. Also, most small SMEs likely have very little expertise in either of these two areas. Most entrepreneurs likely have backgrounds on the product side of their businesses and not the finance side. Finally, factors generate their own proprietary databases on account payment performance. The largest factors essentially become the equivalent of large credit information exchanges essentially offering an alternative source of information to private commercial credit bureaus and public credit registries. They would also enjoy the same economies of scale in information exchange that the credit bureaus and public credit registries do.5 These credit and collection services are often especially important for receivables from buyers located overseas. For example, Export Factoring – the sale of foreign receivables – can facilitate and reduce the risk of international sales by collecting foreign accounts receivables. The factor is also required to do a credit check on the foreign customer before agreeing to purchase the receivable, so the approval of a factoring arrangement also sends an important signal to the seller before entering a business relationship. This can facilitate the expansion of sales to overseas markets. Box 2: An example of an international factoring transaction Take the example of a Moroccan firm that sells its goods to a large French company, which demands 60 days credit. A Moroccan factoring company will typically contact a factoring company in France – via Factor Chain International, a worldwide association of factoring companies – who will do a credit check on the buyer. If the buyer is approved, the Moroccan factor will pay the Moroccan seller 70% of the face value of the receivable, and the French factor, for a fee, will take on the responsibility of collecting the amount due from the French buyer. This setup allows firms in emerging markets to sell their goods overseas without facing the difficulties of overseas collections. In addition, the French factor must conduct a credit check before agreeing to factor the French buyer, which reduces the sellers need to do due diligence on potential buyers. Because the trade credit extended by the Moroccan seller can be easily converted into cash, the Moroccan firm is able to offer more competitive terms to its customers. Finally, the Moroccan firm is able to improve its own risk management, by reducing its credit and exchange rate risks. 5 See Kallberg and Udell (2003b) for a discussion and model of economies of scale in credit information exchanges. 9 Chapter 3: The Advantage of “Reverse Factoring” Drawing from the example in Box 1 in Chapter 2, Figure 1 show that in ordinary factoring, the small firm S sells all its receivables – from various buyers (B, Y, Z, etc.) – to a factor. The factor must collect credit information and calculate the credit risk for B, Y, Z, etc, etc. Figure 1: Ordinary Factoring Ordinary factoring has in general not been profitable in emerging markets. First, if good historical credit information in unavailable, then the factor takes on large credit risk. Second, fraud is a big problem in this industry – bogus receivables, non-existing customers, etc. – and a weak legal environment and non-electronic business registries and credit bureaus make it more difficult to identify these problems. An alternative usually used in emerging markets is for the factor to buy receivables “with recourse”, which means that the seller is accountable in the case that a buyer does not pay its invoice, and that the seller of the receivables (in our example, S) retains the credit risk. However, this may not really reduce the factor’s exposure to the credit risk of S’s customers, since in the case of a customer’s default, S may not have capital reserves to repay the factor. Figure 2 shows the mechanics of “Reverse Factoring”. In this case, the lender purchases accounts receivables only from high-quality buyers (e.g. any receivable owed by B from any suppliers, including S, Q, and R). The lender only needs to collect credit information and calculate the credit risk for B (in this case a large, very transparent, internationally accredited firm). In Reverse Factoring, the credit risk is equal to the default risk of the high-quality customer, and not the risky SME. This arrangement allows creditors in developing countries to factor “without recourse” and provide lowrisk loans to high-risk SMEs. Figure 2: “Reverse Factoring” Reverse factoring may be particularly beneficial for SMEs for a number of reasons. First, as shown in these figures, ordinary factoring requires comprehensive credit information on all the borrower’s customers, which may be difficult and costly to determine in countries with weak credit information systems. Second, reverse factoring S Q B Y Z R B Y Z S B Y Z B Y Z 10 allows firms to transfer their credit risk and borrow on the credit risk of its creditworthy customers. This may allow firms to borrow greater amounts at lower costs. Third, factoring only requires the legal environment to sell, or assign, accounts receivables. Factoring does not require good collateral laws or efficient judicial systems. Another advantage of reverse factoring is that it provides benefits to lenders and buyers as well. Lenders are able to develop relationships with small firms (with high quality customers) without taking on additional risk. This may provide cross-selling opportunities and allows the lender to build a credit history on the small firm that may allow additional lending (for fixed assets, for example). The large buyers may also benefit: by engineering a reverse factoring arrangement with a lender and providing its customers with working capital financing, the buyer may be able to negotiate better terms with its suppliers. For example, buyers may be able to extend the terms of their accounts payable from 30 to 60 days. In addition, the buyer benefits from outsourcing its own payables management (e.g. the buyer can send a payment to one lender rather than many small suppliers). A detailed account of the benefits to suppliers and lenders is discussed in Chapter 4. Chapter 4: The Benefits and Challenges to Reverse Factoring in Emerging Markets Factoring is quite distinct from traditional forms of commercial lending where credit is primarily underwritten based on the creditworthiness of the borrower rather than the value of the borrower’s underlying assets. In a traditional lending relationship, the lender looks to collateral only as a secondary source of repayment. The primary source of repayment is the borrower itself and its viability as an ongoing entity. In the case of factoring, the borrower’s viability and creditworthiness, though not irrelevant, are only of secondary underwriting importance. In some countries, borrowers can use receivables as collateral for loans. The difference is that the lender secures the working capital assets as collateral, rather than taking legal ownership of the assets. Therefore, this type of financing requires good secured lending laws, electronic collateral registries, and quick and efficient judicial systems, which are often unavailable in developing countries. Factoring is often used in middle-income countries. One reason is that in many emerging market countries SMEs are unable to access sufficient financing from the banking system, yet large domestic, foreign, and multinational firms have cheap access to domestic and foreign bank and public-debt financing. Therefore, SMEs often depend on their large customers and suppliers to provide them with working capital financing. This may be in the form of 30-day credit from suppliers– which is repaid when the final goods are sold – or cash advances from customers – which is settled when the final goods are delivered. Inter-firm financing is also used more in countries with greater barriers to SME financing. For example, recent work by Demirguc-Kunt and Maksimovic (2001) find that in 39 countries around the world, trade credit use is higher relative to bank credit in countries with weak legal environments, which make bank contracts more difficult to write. Fisman and Love (2002) highlight the impact of inter-firm financing by showing 11 that industries with higher dependence on trade credit financing exhibit higher rates of growth in countries with relatively weak financial institutions. Van Horen (2004) studies the use of trade credit in 39 countries and finds that trade credit is used as a competitive tool, particularly for small and young firms. Fisman and Raturi (2003) find that competition encourages trade credit provision in five African countries. In addition, McMillan and Woodruff study the use of trade credit in Vietnam and find that small firms are more likely to both grant and receive trade credit than large firms. This evidence suggests that small firms in emerging markets generally provide trade credit and hold illiquid accounts receivable on their balance sheets. In addition, firms in developed countries often refuse to pay on receipt to firms in emerging markets since they want time to confirm the quality of the goods and know that it could be very difficult to receive a refund from firms in countries with slow judicial systems. In addition, a global trend is the outsourcing of intermediate goods and services, as a way for multinational firms to address the problem of restrictive local labor laws. For example, in many countries firms cannot fire employees during economic slowdowns. An alternative is to hire outside firms – often former employees – to provide the goods or services. This includes, for example, drivers, gardeners, and cleaners, as well as producers of some intermediate goods, such as fabric cutters. As a result, more SMEs have receivables – rather than salaries – from large firms. The challenge faced by many SMEs in emerging markets is how to convert their accounts receivable to creditworthy customers into working capital financing. Bank loans secured by accounts receivable – which is the primary source of SME financing in the US – is often unavailable in emerging markets. First, it requires the lender to be able to file a lien against all business assets of the firm. For example, in the US the UCCSection 9 allows banks to secure “all current and future inventory, receivables, and cash flow” of a firm. Furthermore, this type of financing requires sophisticated technology and comprehensive credit information on firms. For instance, receivable lenders in the U.S and U.K. generally depend on “electronic ledgers” – firms input all receivable information on-line along with their customers’ Dunn & Bradstreet (D&B) ID numbers. The D&B rating is a credit score calculated by D&B based on the firms current and expected future performance and is automatically electronically received and receivables are instantaneously accepted or rejected as collateral. In the case of approval, the borrower’s credit-line is automatically increased to reflect the new receivables. However, most developing countries do not have laws allowing lenders to secure “intangible/ floating” assets and do not have judicial systems that are sufficiently quick and efficient to enforce such contracts. Furthermore, most emerging markets do not have the technological infrastructure or access to commercial credit information necessary to allow this type of financing. 12 Box 3: Factoring in Eastern Europe The environment in the EU-accession and transition countries makes it quite likely that factoring will grow in importance and that it will likely have some key advantages over other lending products. There are several characteristics of factoring that may give it an edge in Eastern Europe. First, factoring removes receivables from the borrower’s estate in bankruptcy, which may be particularly important if the judicial system is less developed or inefficient. Both of these conditions likely apply to most countries in Eastern Europe, as confirmed by the World Bank’s Insolvency and Creditor Rights ROSC reports (Reports on Observance of Standards and Codes) for selected countries in the region.6 Second, factoring is a type of asset-based financing that has a distinct advantage in providing funding to higher risk and informationally opaque firms, especially SMEs. This is particularly relevant in transition countries whose private sectors are young and continuing to develop and expand in order to catch up to Western Europe. Furthermore, weak accounting standards and a shortage of audited financial statements is characteristic of the region. Factors can base their lending decision primarily on the condition of the underlying accounts (buyers) rather than the creditworthiness of their SME customers (suppliers). The weak information infrastructure systemic in transition countries could be problematic for factors. The general lack of data on payment performance, such as the kind of information that is collected by public credit registries, private business credit bureaus, credit insurance companies, or by factors themselves, can discourage ordinary factoring. However, the large presence of multinational buyers makes attractive the potential for reserve factoring of receivables from foreign and large domestic firms. Reverse Factoring is an effective solution to weaknesses in credit information on buyers, which increase the difficulty of collection credit information on a large number of buyers. However, there are a number of additional tax, legal, and regulatory challenges to ordinary and reverse factoring in many developing countries. For instance, the tax treatment of factoring transactions often makes factoring prohibitively expensive. For example, some countries that allow interest payments from banks to be tax deductible do not apply the same deduction to the interest on factoring arrangements, VAT taxes may be charged on the entire transaction (not just the service fee), and stamp taxes may be applied to each factored receivables. Factoring companies that do not take deposits are sometimes subject to burdensome and costly prudential regulation. In addition, capital controls may prevent non-banks from holding foreign currency accounts for cross-border assignments. The legal and judicial environment may also play a critical role in determining the success of factoring. A key legal issue is whether a financial system’s commercial law 6 For country-level Insolvencv and Creditor Rights ROSC reports, see: http://www.worldbank.org/ifa/rosc.html. 13 recognizes factoring as a sale and purchase. If it does, then creditor rights and enforcement of loan contracts diminish in importance for factoring because factors are not creditors. That is, if a firm becomes bankrupt, its factored receivables would not be part of the bankruptcy estate because they are the property of the factor, not the property of the bankrupt firm. However, creditor rights and contract enforcement are not entirely irrelevant to factors, even in non-recourse factoring arrangements, since they describe the environment under which the factor engages in its collection activities, which might affect the expected costs and efficiency of factoring. Another issue is whether a country has a Factoring Act or a reference in the law (or civil code), which legally recognizes factoring as a financial service. This recognition serves multiple purposes. It serves to clarify the nature of the transaction itself. For example, a Factoring Act explicitly dictates how judges must rule towards factors in the case of default of sellers or customers. It also tends to legitimize the factoring industry. In a sample of Central European countries, factoring (as a percentage of GDP) is higher in countries with Factoring Acts, although the development of such Acts may in part be in response to the development of, and pressures from, domestic factors. However, the indication is that a supportive legal and regulatory environment encourages the factoring industry to grow. Finally, an advantage to factoring is that it’s generally linked on a formula basis to the value of the underlying assets, which allows quick credit approval and disbursement. However, this depends on a good technology infrastructure and supporting electronic security laws that allow the electronic sale and transfer of electronic securities (accounts receivable). Furthermore, there must be a supportive regulatory environment for electronic security, so that factors and borrowers are assured that their transactions are confidential and secure. As discussed in the following section, the success of reverse factoring requires a legal environment that facilitates safe and easy electronic transactions.7 Chapter 5: The Nafin Factoring Program in Mexico Chapter 5.1: Overview As discussed in the previous section, ordinary factoring requires lenders to have timely and comprehensive credit information and suppliers to have sophisticated technology and MIS systems. However, Reverse Factoring only requires complete credit information on one or more creditworthy firms. There are potentially advantages for all participants: for the lender, who benefits from low information costs and credit risk; for the (high-risk) seller, who benefits from access to short-term, working capital financing; and for the (creditworthy) buyer, who benefits from the ability to outsource its receivable management and negotiate better terms with its suppliers. A successful example of reverse factoring in a developing country is the case of the Nacional Financiera (Nafin) development bank in Mexico, which offers on-line 7 For additional information see Glaessner, Kellermann, and McNevin (2002) and Claesssens, Glaessner and Klingbiel (2001). 14 factoring services to SME suppliers.8 The program is called the “Cadenas Productivas”, or “Productive Chains” program and works by creating “Chains” between “Big Buyers” and small suppliers. The Big Buyers are large, creditworthy firms that are low credit risk. The suppliers are typically small, risky firms who generally cannot access any financing from the formal banking sector. The Nafin program allows these small suppliers to use their receivables from Big Buyers to receive working capital financing, effectively transferring their credit risk to their high-quality customers to access more and cheaper financing. What makes Nafin special is that it operates an electronic platform that provides on-line factoring services, which reduces costs and improves security. Over 98% of all services are provided electronically, which reduces time and labor costs. The electronic platform also allows all commercial banks participate in the program, which gives national reach, via the internet, to regional banks. Nafin also uses the Internet and regional “contact centers” to market and provide services. Technology has allowed a successful economies of scale – Nafin grew from a 2% market share of factoring in 2001 to 60% of the market in 2004. There are a number of additional characteristics (described in more detail in the following sections) that make the Nafin program unique. For example, all factoring is done on a non-recourse basis, which lets small firms increase their cash holdings and improve their balance sheets. Also, Nafin has a “Multi-bank” approach, which allows lenders to compete to factor suppliers’ receivables. In addition, Nafin pays for the costs associated with their electronic factoring platform and all legal work, such as document transfers, preparing and signing documents, etc., so that banks charge only interest and not service fees. Nafin covers its own cost with the interest that lenders pay for their own financing or service fees. Nafin was created by the Mexican government in 1934 as a state-owned development bank with the goal of providing commercial financing. It has 32 statebranch offices throughout the country. When a new government was elected in 2000, Nafin was given new management and direction with the goal to (1) use new technology to provide microenterprise and SME loans and (2) complement lending with greater training and technical assistance. The factoring program is integrated with the Mexican e-government model that aims to use the internet to provide quicker and cheaper government services. Nafin is primarily a second-tier development bank: About 90% of lending is done through refinanced bank loans and about 10% is made directly to borrowers (primarily public projects). About 80% of the second-tier business is the factoring of receivables of commercial firms. In Dec 2000, Nafin reported assets of $23.9 billion and a deficit of $429 million. In Dec 2003, reported assets of $26.75 billion and a surplus of 13.23 million. Factoring has helped contribute to the turn-around in Nafin’s balance sheet. 8 Additional information is available at www.nafin.com. 15 About 99% of registered firms in the formal economy – about 600,000 firms – are classified as small and micro enterprises.9 It is estimated that the informal sector includes over 1.8 million small and microenterprises. SMEs comprise 64% of employment and 42% of GDP. The typical Mexican SME receives 65% of its working capital from family savings and other personal funds, another 18% from friends and parents – and less than 1% from banks (Kun 2002). The goal of Nafin was to target this segment of small firms with banking services. Nafin has succeeded in providing financial services to Mexican SMEs. Nafin has established Productive Chains with 190 Big Buyers (about 45% in the private sector) and more than 70,000 small and medium firms (out of a total of about 150,000 participating suppliers). About 20 domestic lenders are participating, including banks and independent finance companies. Nafin has extended over US$ 9 billion in financing since the program’s inception in September 2001 and has reached month factoring amounts of over US$ 600,000. Nafin has brokered over 1.2 million transactions – 98% by SMEs, at a rate of about 4,000 operations per day. The following sections discuss the mechanics of the Nafin program and its benefits to small suppliers, big buyers, and lenders. Chapter 5.2 Products offered The Productive Chain program integrates supply chains, primarily of small suppliers to large enterprises and the federal government. Services include: 1. Factoring, which is offered without recourse or any collateral or service fees, at a maximum interest rate of seven percentage points above the bank rate (five percentage points, on average), which is about eight percentage points below commercial bank rates.10 Importantly, the sale of receivables from the supplier and the transfer of funds to the supplier are done electronically, once the SME is registered on-line or on the phone and has an account with a bank or factor that has a relationship with its buyer. The funds are transferred to the supplier’s bank account, and the bank becomes the creditor (e.g. the buyer repays the bank directly). The Bank collects the loan amount when the buyer pays the supplier (in 30 to 90 days). Nafin maintains an internet site with a dedicated page for each Big Buyer. Suppliers are grouped in “chains” to big buyers to whom they have a business relationship. Nafin also plays a critical role in handling the sale and delivery of electronic documents. The suppliers and Nafin sign a pre-agreement allowing the electronic sale and transfer of receivables. Additional contracts between the banks and 9 Microenterprises are defined as manufacturing firms with up to 30 employees and service firms with up to 20 employees. Small firms are defined as 31-100 employees in the manufacturing sector and 21-50 firms in the service sector and Medium firms are defined as 101-500 employees in the manufacturing sector and 51-100 firms in the service sector. 10 Beginning in July 2004, banks will be able to compete with one another on the interest charged for factoring. For example, a good bank customer may receive preferential rates. 16 buyers and Nafin define their obligations, such as the requirement for buyers to remit factored receivables to the banks directly. Once a supplier delivers its goods and an invoice to the buyer, the buyer posts on its Nafin webpage a “documentos negociables”, or “negotiable document”, equal to the amount that Nafin should factor. In general, this is equal to 100% of the value of the receivable. 11 Next, the supplier uses the internet to access its buyer’s Nafin webpage and clicks its receivable.12 Any lender that has a relationship with the buyer and the supplier and is willing to factor the receivable will appear on the next screen, along with a quote for the interest rate at which it’s willing to factor this specific receivable.13 To factor its receivable, the supplier clicks on a shown factor and the amount of its negotiable document less interest is transferred to its bank account.14 When the invoice is due, the buyer pays the factor directly. Even though the buyers are high quality, a remaining risk to the lenders is in the case of returns – if the buyer is unsatisfied with the quality of the goods or services received, they generally have the right to return the goods, for a full refund, within a certain number of days. However, banks are responsible to pay Nafin on the day the invoice expires, regardless of whether the buyer pays the bank the full amount.15 Nafin and the buyers help banks reduce their losses in two ways: First, buyers must “invite” sellers to join their chain and participate in the program. Buyers generally require sellers to have a relationship of a minimum length and performance record before participating. Second, in the case of returns, the factor receives future receivable payments directly from the buyer and the buyer adjusts the amount of the negotiable documents on future receivable payments posted on the Nafin website by the amount of the receivables due to returns. The Nafin factoring program is successful because it uses an electronic platform for cheaper and quicker transactions. Today, all transactions are completed within 3 hours and money is credited to suppliers account by the close of business. This provides immediate liquidity to suppliers. The Nafin factoring program is also less expensive than commercial factoring because Nafin waives the service fee by paying the overhead and legal costs associated with maintaining the electronic platform and writing the contracts. The Nafin factoring program has succeeded because of supporting electronic security laws. Annex 1 provides the translation of a comparative table of electronic 11 A buyer may choose to hold a “commercial reserve” for the case of returns, which is done by posting to its Nafin website a “negotiable document” less than 100% of the invoice. In this case the buyer is responsible to pay the difference to the supplier when the invoice is due. 12 Factoring can also be executed by phone for no extra fee. 13 An advantage of the multi-bank Nafin model is that a lender may be unable to factor a receivable if it has reached its lending limit to that particular buyer. 14 In most factoring arrangements the supplier receives a percentage of its invoice today and the remainder less interest when the factor is paid by the buyer. In comparision, the Nafin program generally pays the supplier 100% of its invoice, less interest today and the factor keeps the full amount paid by the buyer. 15 As a result of this condition, Nafin has reported zero loses from factoring. 17 security laws in Mexico and other countries (AMECE, 2004). For example, in May 2000, the “Law of Conservation of Electronic Documents” was passed giving data messages the same legal validity as written documents, which is necessary for electronic factoring. In April 2003, the “Electronic Signature Law” was enacted, which allows secure transactions substituting electronic signatures for written signatures, which permits the receiver of a digital document to verify with certainty the identity of the sender. In January 2004, modifications to the Federation Fiscal code included amendments necessary for electronic factoring, including digital certification. These laws allow secure and legally binding factoring transactions. Figure 3: The Nafin factoring Agreement Contract Financing, which provides financing up to 50% of confirmed contract orders from Big Buyers with Nafin supply chains, with no fees or collateral, and a fixed rate (generally seven percentage points above the bank rate). First, the supplier signs a contract with Nafin stipulating that (i) Nafin will provide a Line of Credit equal to up to 50% or the purchase order and that (ii) the supplier will factor its receivables to the lender when its goods are delivered. Once the supplier receives a contract order from a big buyer, Nafin provides a line of credit for up to 50% of the order at the bank rate + 7%. After the goods are delivered the buyer receives an invoice and posts a negotiable document to its Nafin website. Nafin factors the negotiable document and takes as payment the amount of the negotiable document equal to the outstanding line of credit plus interest, up to 100% of the negotiable document.16 The remainder is paid to the supplier less the interest paid on factoring, equal to the lower interest rate of the bank rate 16 Since Nafin only factors up to 50% of purchase orders, the Nafin loan would only eual 100% of the receivables in the case that the firm does not deliver its full order or some goods are returned. Day 1 Day 10 Day 50 Day 80 S makes a delivery to B, and B posts a documentos negociables on its Nafin website, payable to S in 30 days S uses the Nafin website to factor its recevables from B with F (at an average interest of bank rate + 5%) and receives today the full amount of the documentos negociables, less interest B repays F directly the full amount of the documentos negociables S receives a purchase order from B, due in 40 days Supplier S, Buyer B and Factor F sign contracts with Nafin to allow factoring agreements Factoring 18 + 5%. Nafin is paid directly by the buyer when the invoice becomes due. This funding allows creditors to buy raw materials to complete the new order. Nafin introduced this program in 2004 and as of July 2004, provides the financing directly to small suppliers and holds the future receivables until the buyer remits. However, it is the intent of Nafin to develop a tract-record of profitability and low defaults rates with this program so that private lenders will participate (with Nafin financing). Figure 4: The Nafin Purchase Order Agreement 3. Training, which includes on-line and attendance courses on accounting standards, how to apply for credit, business ethics, marketing, and strategy.17 SMEs are also offered discounts at affiliated university classes. About 70% of SMEs participated in some form of training. 4. Technical Assistance, which offers participating suppliers e-mail responses to e-mailed questions within 48 hours. Suppliers can also receive information on publicsector selling opportunities provided by Compranet, the Mexican government’s eprocurement initiative. Nafin also has a call-center to answer questions and provide assistance with on-line transactions (for no extra fee). Suppliers that cannot access the internet can also use the call centers to do all transactions by phone, for no additional fee. 17 A complete list of courses is available at www.nafinsa.com. Day 1 Day 10 Day 50 Day 80 S delivers the order and B posts a documentos negociables on its Nafin website, payable to S in 30 days Nafin factors the receivables from B as payment: Nafin deducts an amount equal to the used portion of the line of credit plus interest (bank rate + 7%) and S receives the difference less interest (at an average factoring interest rate of bank rate + 5%) B repays Nafin directly the full amount of the documentos negociables Purchase order financing S receives a purchase order from B, due in 40 days Supplier S and Buyer B sign contracts with Nafin to establish a line of credit facility against future purchase orders S receives a line of credit from Nafin, equal to 50% of the purchase order (at an interest of bank rate + 7%) Factoring 19 The call center is also used to generate new business. The call center has about 160 employees in three locations. Callers contact large buyers to form relationships. Buyers then provide Nafin with a list of all their suppliers, which Nafin call to introduce the factoring product and collect information about the firm. This information is used to set up a credit profile that can later be used to set up banking and factoring relationships. Chapter 5.3: Benefits to Sellers, Buyers, and Lenders For the Small Supplier: The Nafin factoring program reduces the borrowing and transaction costs of small suppliers. First, factoring offers working capital financing at favorable rates. Factoring provides instant liquidity, which allows businesses to grow with funds that were previously tied up in receivables. In addition, all interest charges are tax deductible. The Nafin program also has advantages over traditional factoring products. Since reverse factoring transfers the credit risk of the loan to the suppliers’ high-quality buyers, Nafin can offer factoring without recourse to SMEs, even those without credit histories. This allows SMEs to increase their cash stock – and improve their balance sheets – without taking on additional debt. In addition, Nafin charges no commissions (to the seller) and offers capped interest rates. The competitive structure, which allows lenders to compete for suppliers’ receivables, allows firms to pick their own lender. Second, factoring reduces transaction costs. Previously many rural SMEs needed to travel to customers in the city to present bills, collect payments, pay suppliers, etc. By factoring its receivables, the supplier eliminates its collection costs by effectively outsourcing its receivable management. Nafin also provides free technical assistance on using the electronic system. Many suppliers have no other sources of financing. In discussions with suppliers, many reported that they had no external financing before receiving financing from Nafin and most depended on internal funds and credit from their own suppliers. In addition, suppliers stated that the Nafin financing is preferable to bank financing, since banks are slow to make credit decisions, would offer less credit and charge higher rates. Some small firms reported that they had previously factored with other lenders, but at higher rates plus high service fees. Overall, suppliers commended the Nafin program. Box 6: The experience of a Small Supplier* This Small Supplier in the agribusiness sector sells processed food to large Mexican supermarkets. The firm began operations four years ago and has about 30 employees. Prior to factoring with Nafin, the firm factored its receivables with a factor that required the supplier to physically collect its receivables from the buyers and deliver its receivables to the bank. This supplier reports that factoring on-line and using electronic document transfers allows for quick payments and lower costs. This supplier requested anonymity. 20 For the Big Buyer: The benefit to the buyer is that the lender provides receivables management and the buyer often develops stronger relationships with its suppliers. For instance, buyers decrease their administrative and processing costs, by effectively outsourcing their payment department, e.g. the buyer writes one check to a bank rather than to hundreds of suppliers. By providing its suppliers with working capital financing, buyers can also improve their reputation and relationship with suppliers. For example, buyers can often negotiate better terms with suppliers, e.g. extend payment terms from 30 to 60 or 90 days. Participating in the Nafin program can also help the development of suppliers and the growth of the SME sector, which can lead to increases in competition and improvements in the quality of goods. Box 7: The experience of a Big Buyer* This Big Buyer has about 4,500 suppliers of which approximately 80% are small and medium firms with less than 100 employees and about 15% are “Personas fisicas con actividad empresarial”, loosely translated as non-corporate entrepreneurs. Suppliers are offered factoring and purchase order financing through Nafin. As of July 2004, over 1,000 suppliers receive financing through Nafin. This firm holds 10% of invoices as reserves; in other words, suppliers can factor up to 90% of their receivables. In order to be “invited” to join its chain, firms must meet three criteria: 1- Have been a supplier for at least six months and have been fully compliant with all purchase orders; 2- Have completed at least one purchase order per month (i.e. are a regular supplier); 3- Have had negligible returns and losses. Since participating in the program, the buyer has increased the maturity of its payables from 45 to 90 days. The buyer is pleased that the program has reduced its own cash management costs and helped develop more loyal and reliable customers. This buyer requested anonymity. For the Lender: Factoring is a way for banks to develop new relationships with suppliers – banks can use factoring to build a credit history on firms, including information on their cash, accounts receivable and inventory turnover, and cross-sell other products such as credit cards, truck financing, payroll, etc. The advantage of a bank to reverse factoring is that it includes a broad base of customers, diversified across industries. In addition, because reverse factoring only includes high quality receivables, banks can increase their operations without increasing their risk. Banks also have incentive to participate in the Nafin program, since Nafin provides low-cost (re)financing. Most banks refinance their factoring activities with Nafin, in 21 which case the bank earns the spread between what the suppliers pay and the Nafin rates. Some larger banks with cheaper sources of funding, use their own funds and pay Nafin from 42 to 100 basis points commission. However, about 99.6% of factoring is done with Nafin financing. Five banks and factoring companies represent 54% of all factoring transactions: Banorte, Mifel, Interacciones, Heller (GE Capital) and Bital (HSBC). The Nafin platform also allows low transaction costs. The E-platform eliminates the need to physically move documents, which is a large expense in off-line factoring. Another advantage is that for regulatory purposes, banks can use lower risk weights on factored transactions; e.g. if the factoring is done without recourse, banks can use the risk of the buyer rather than the higher risk of the supplier. This is an important reason that banks will lend to small and risky customers only in factoring arrangements. In addition, an advantage of the Nafin platform is that it prevents fraud, which is systemic in the factoring business in the U.S. and other developed countries. Since the buyer enters the receivables (not the customers), the seller cannot submit fraudulent receivables. In addition, since the bank is paid directly by the buyer, suppliers cannot embezzle the proceeds. In the future, Nafin can also play a role to securitize receivables. For example, a security backed by Walmart receivables might be an attractive security, equal to the credit risk of Walmart. Nafin could play an important coordination role bundling receivables of one large buyer across lenders, since no one lender has a large enough portfolio to securitize independently. Nafin is also committed to working towards the development of capital markets in order for small and midsize non-bank (non-deposit taking) financial intermediaries to participate. For example, independent leasing and factoring companies generally raise capital on the public debt and equity markets (e.g. in the U.S. NBFIs are the largest issuers of commercial paper). Chapter 5.4: Lessons Learned The Mexican economy has improved the past few years, as the result of macro stability and the continuing recovery of the banking sector from the 1990s crises, and banks are aggressively entering SME lending. However, factoring remains the cheapest form of financing for small suppliers in Mexico and most suppliers that participate in the Nafin program have no other sources of formal financing. The success of the Nafin program spotlights the role of factoring as an important source of working capital financing. The success of the Nafin program highlights how the use of electronic channels can cut costs and provide greater SME services. The Nafin factoring program is used as a model in Mexico for the automation of other government agencies and service providers. Advances in technology can reduce the costs of lending that can allow banks to lend at lower margins, which make borrowing feasible for small firms. On-line banking services also allow lenders to penetrate rural areas without banks and provide incentive for firms in the informal sector to register and take advantage of financing opportunities. The success of the Nafin program depends on the legal and regulatory support offered in 22 Electronic Signature and Security laws that should be a model for other developing countries. Nafin has entered an agreement with a development bank in Venezuela to develop a similar product and the model is being considered for replication in other Latin American countries such as Argentina, Chile, Costa Rica, El Salvador, and Nicaragua. Like Nafin in Mexico, this model is also an intriguing way to invigorate, redefine and refocus a state-owned development bank. The Nafin program has shown that in addition to financing, a development bank can also be utilized to provide training and information. Factoring is an ideal source of financing in countries with small, risky suppliers and large and foreign buyers. However, successful factoring programs require government support in setting up a legal and regulatory environment that allows a secure and electronic sale of receivables. Chapter 6: International Experience Chapter 6.1: The Bankinter's Factoring Product in Spain <Lessons can be learned from reverse factoring products in developed countries… To be discussed > Chapter 6.2: The Development Bank of the Philippines Factoring Product Using a development bank to offer factoring services is not unique to Mexico – the Development Bank of the Philippines (DBP) and SMetrix have collaborated to offer a similar, yet more limited, service. The DBP Marketplace for SME Receivables Purchases (M4SME-RP) facilitates factoring, without recourse, to address the working capital needs of SMEs that have creditworthy customers but have limited financial resources and very limited access or no access at all to other regular bank facilities, because of their own high credit risk. Although this product is new (currently in a pilot stage), it has the potential to become an important source of working capital financing for SME suppliers. The DBP factoring program highlights the importance of a legal and technological infrastructure to support electronic signatures and security transfers. DBP will use credit scoring methodologies to identify investment grade companies, who will in turn enroll their suppliers. In the initial pilot, DBP is collaborating with San Miguel Corporation (SMC), the largest food and beverage firm in the country. SMC has provided a list of SME suppliers to DBP, which are suppliers with whom SMC has an ongoing and satisfactory relationship. For those suppliers who wish to participate, DBP will post for electronic auction any digital receivables that these suppliers receive from SMC. DBP plans to operate an “Alternative Trading System”, effectively an electronic brokering system, which allows fixed income investors – for a fee – to directly provide the financing.18 DBP will not take any underwriting or credit risk. Similar to the Nafin program, the credit risk to investors is reduced because SMC 18 The DBP has submited to the Philippine Securities and Exchange Commission an application for a licence to operate a Alternative Trading System. 23 cooperates with DBP and pays directly a “trustee” who repays the investors directly. This results in a credit risk transfer from the supplier to that of SMC. This feature allows DBP to offer factoring without recourse to small and risky suppliers. In the case of returns, SMC is still responsible to repay investors and an
This article updates this author's opinion from 2008 in an article called "The Mortgage Meltdown." Banks
lend money to people and businesses. The money is used for investment purposes
and consumer purchases like food, cars and houses. When these investments are
productive the money eventually finds its way back to the bank and an overall
liquidity of a well functioning economy is created. The money cycles round and
round when the economy is functioning effectively.
When the market is disrupted financial markets tend to seize up. The liquidity
cycle may slow, freeze up to a degree or stop completely. This is true because
banks are highly leveraged. A well capitalized bank is only required to have 6%
of their assets in core capital. It was estimated in 2008 that the residential
mortgage meltdown would cause credit losses of about $400 billion dollars. This
credit loss is about 2% of all U.S.
equities. This hurts the bank’s balance sheets because it impacts their 6% core
capital. To compensate, banks have to charge more for loans, pay less for
deposits and create higher standards for borrowers which leads to less lending.
Let’s
fast forward to November, 2009. Since February 2007, assets of all U.S. bank failures totaled a staggering
$483.3 billion with deposits totaling $326.1 billion. Through October 23rd, there have been105 bank failures in 2009with assets totaling $107.1 billion and ata cost to the FDIC's Deposit Insurance Fund
(DIF) of billions, the three
largest bankfailures
being BankUnited with $12.8 billion in assets, Colonial Bank with $25billion in assets and Guaranty Bank with $13
billion in assets. In 2008, there were 25 bank failures with assets totaling $373.6
billion. Washington Mutual Bank, which failed February 2008 and with assets
totaling $307 billion, is by far the largest US bank failure in recent history.
Today
the FDIC’s Deposit Fund is literally broke. To avoid borrowing from the US
Treasury, the FDIC is requiring health Banks to pay in advance three years of
deposit insurance incrementally to recapitalize the fund. Query: will this strategy
work?
Since
2007, 29 Credit Unions have either failed or entered into Conservatorships with
their regulators. The write-downs at major banks exceed $1.5 Trillion asfollows: Wells Fargo- $138.6B; Goldman Sachs- $129.0B; Morgan Stanley-
$121.0B; SunTrust- $2.0B; JP Morgan Chase & Co- $221.7B; US Bancorp- $3.0B;
Bank of America $9.0B; Fifth Third Bancorp- $3.5B; Citigroup- $309.7B; UBS-
$228.6B; Credit Suisse- $94.5B; BNP Paribas-
$10.4B; Commerzbank- $32.1B; Mizuho MFG- $5.5B; Mitsubishi Financial Group-
$760B; CIBC- $10.7B; Bank of Montreal- $1.2B; Deutsche Bank- $68.0B; Societe
Generale- $30.1B; HSBC Bank- $27.7B; Barclay’s PLC-
$15B; Royal Bank of Canada- $1.4B; Bayern LB- $9.8B; WestLB AG- $4.8B; Natixis-
$3.4B; Credit Agricole SA- $13.8B; Bank of NY Mellon- $118M; Sovereign Bancorp-
$1.580B;DZ Bank AG- $2.1B; HSBC- 26.5B.
According
to CNN.com as of October 31, 2009
nearly a fifth of U.S.
borrowers owe more on their mortgages than their homes are currently worth.
This is over 7.5 million homeowners. 10 major markets have seen home values
fall 17.7% over the past 12 months, and experts expect the declines to
continue. Third quarter foreclosure numbers saw a sharp rise compared to last
year; in September, 81,312 homes were repossessed by lenders. The sales pace of
new homes was the lowest since January 1991 as prices hit a four-year low and
inventory remains high.
According
to Freddie Mac and Fannie Mae officials the housing market is not expected to
recover until some time in 2011. There are similar predictions for the
commercial property market. According to the US Department of Labor Bureau of
Labor Statistics over 10.4 Million US workers are unemployed. The New York
Times states this is a 16 year high record for job losses. But the number of unemployed
people may be vastly higher because of the methodology used to calculate this
statistic does not count all of the people that have just given up looking for
a job.
Why did this happen? Some people believe it was because of fraud; others
believe it was greed. It probably involved both fraud, greed, and unreasonable
expectations of purchasers of real estate who thought price could only go up
and variable rate mortgages would somehow be affordable when rates were
adjusted.
Once
upon a time after the great depression of the 1930’s a new national banking
system was created. Banks were required to join to meet high standards of
safety and soundness. The purpose was to prevent future failures of banks and
to prevent another disastrous depression. Savings and Loans (which still exist
but call themselves “Banks” today) were created primarily to lend money to
people to buy houses. They took their depositor’s money, lent it to people to
buy homes and held these loans in their portfolio. If a homeowner failed to pay
and there was a loss, the institution took the loss. The system was simple and
the institutions were responsible for the building of millions of homes for
over 50 years. This changed drastically with the invention of the secondary
market, collateralized debt obligations which are also know as collateralized
mortgage obligations.
Our government created the Government National Mortgage Association (commonly
known as Ginnie Mae) and the Federal National Mortgage Association (commonly
known as Fannie Mae) to purchase mortgages from banks to expand the amount of
money available in the banking system to purchase homes. Then Wall Street firms
created a way to expand the market exponentially by bundling up home loans in
clever ways that allowed originators and Wall Street to make big profits. The
big stock market firms were securitizers of mortgage-backed securities and
resecuritizers who sliced and diced different parts of the groups of home loans
to be bought and sold in the stock market based on prices set by the market and
market analysts. Home loans, commercial loans, and even rights to music
portfolios were packaged as securities, and bought and sold like stocks and
bonds.
In the quest to do more and more business, the standards to get a loan were
lowered to a point where, at least in some cases, if a person wanted to buy a
house and could assert they could pay for it they received the loan. They paid
a little bit more than borrowers that could document income for this privilege.
Borrowers with weak or poor credit histories were able to get loans. These
loans cost the borrowers a little more and the loans were called “subprime”.
Some people believed that this higher rate would compensate for the additional
risk. There was little risk to the lender because unlike the earlier days when
home loans and commercial loans were held in their portfolios, these loans were
sold and if the loans defaulted the investors or purchasers of these loans
would take the losses i.e. not the bank making the loan. The result today is
tumult in our economy from the mortgage meltdown which has disrupted the
overall financial system and affects all lending in a negative way. When Ginnie
Mae and Fannie Mae declared they were bankrupt this year, the US Government
bailed them out with TARP funds.
According
to a CBO report TARP allows the United States Department of the Treasury to
purchase or insure up to $700 billion of "troubled" assets.
"Troubled assets" are defined as "(A) residential or commercial
mortgages and any securities, obligations, or other instruments that are based
on or related to such mortgages, that in each case was originated or issued on
or before March 14, 2008, the purchase of which the Secretary determines
promotes financial market stability; and (B) any other financial instrument
that the Secretary, after consultation with the Chairman of the Board of
Governors of the Federal Reserve System, determines the purchase of which is
necessary to promote financial market stability, but only upon transmittal of
such determination, in writing, to the appropriate committees of
Congress."
Unfortunately the pendulum for risk rating
loans has turned into an extremely risk averse posture. It is very difficult to
get a loan from a bank today. Compounding the economic nature of our problems
there is the force of the Federal Regulators, such as the Office of Thrift
Supervision and the Federal Deposit Insurance Corporation breathing down the
necks of the Boards of Directors of all banks and second guessing their loan
decisions.
For
instance, an attorney was putting 70% down to purchase a home with a small
rental cottage in the back yard. This breaks a rule of Freddie and Fannie so he
must go to a local lender, and pay a higher rate to purchase the property. If
you want a loan on a hotel or a gas station most lenders will categorically say
“no”. The facts are simply ignored. Under the premise that many appraisers were
not honest the appraisal rules have been changed. For banks today they must
select an appraiser from a pool of appraisers, many of whom are unfamiliar with
the local areas of real estate that they are appraising. In many cases
competent, honest appraisers are being replaced by a system that selects less
competent appraisers.
Who is responsible for this situation? All loan originators, including banks,
are responsible for turning a blind eye to loans that were based on poor credit
criteria. Under the label of “subprime” loans there were low documentation
loans, no documentation loans and very high loan to value loans- many of which
are the foreclosures we read about on a daily basis. Wall Street is responsible
for pumping this system into a financial disaster that may grow from the old
$400 billion dollar estimate to many trillions of dollars. Realtors, mortgage
brokers, home buyers and speculators are responsible for their willingness to
pay higher and higher prices for homes on the belief that prices would only go
higher and higher. This basically fueled the system for the mortgage meltdown.
In today’s global economy these interconnections have negative effects
worldwide.
Are there any similarities regarding today’s woes to the saving and loan crisis
of the 1980’s? Between 1986 and 1995 Savings and Loans (S&L’s) lost about
$153 billion. The institutions were regulated by the Federal Home Loan Bank
Board and the Federal Savings and Loan Insurance Corporation. These entities
passed laws that required the S&L’s to make fixed rate loans only for their
portfolios. The rates that could be charged for these loans were determined by
the marketplace. Imagine an institution with $100 million in loans at 6% to 8%.
For years the interest rates on deposits were also regulated by the government.
The interest rate spread between the two allowed institutions to make a small
profit.
In 1980 the U.S. Congress passed the Depository Institutions Deregulation and
Monetary Control Act of 1980 (DIDMCA). A committee was established in Congress.
Over a period of years the committee deregulated the rates S&L’s could pay
on savings. Nothing was changed with respect to what could be charged for home
loans. Many institutions started to loose huge amounts of money because they
had to pay market rates of 10% to 12% for their savings, yet they were stuck
with their old 6% to 8% loans. Some executives in the savings and loan business
referred to this committee as the damned idiots in Washington.
Many books have been written about these events. There is documented evidence
of substantial wrongdoing by S&L executives who were trying to invest funds
to save their institutions, sometimes for personal gains. Some were
sophisticated criminals. Congress recognized their mistake in 1982 when the
Garn-St.Germain Depositary Institutions Act was passed to allow S&Ls to
diversify their activities to increase their profits. It also allowed S&L’s
to make variable rate loans. It was too little too late. After bankrupt
institutions were liquidated by the government, the surviving S&Ls were
assessed billions of dollars by the Federal Deposit Insurance Corporation to replenish
the fund that insures the depositors of all U.S. banking
institutions. Deja vu in 2009.
The mortgage meltdown and the savings and loan crises are similar with regard
to the presence of greed and criminal activity. They are very different with
respect to the fact that the S&L crises originated from a broken government
mandated regulatory system and the mortgage meltdown has been caused primarily
by a system that went wild with greed, especially on Wall Street. It is
incredible that in 2009 Billions of dollars of bonuses will be paid again to
executives on Wall Street in light of the economy’s current situation.
This has impacted non-bank lenders such as private commercial finance companies
that provide hard money real estate loans, purchase order financing and
accounts receivable financing. Most of these firms have raised their prices and
their origination standards for safety and soundness of operations. The largest
non-bank lender, CIT, is
expected to declare bankruptcy next week. Over 150,000 people and entities will
cast ballots to determine CIT’s fate. CIT has $65B
in debt and they clearly are in trouble. CIT finances
about 1 million business clients who may be adversely affected by a CIT
Bankruptcy.
The bottom line: Bank lending can be replaced by other, more expensive, sources
such as venture capital and commercial finance companies to some degree. A
limitation is that many commercial finance companies are financed by banks. The
world of money is interrelated. Hard money, purchase order financing and accounts
receivable financing will help some businesses grow during these difficult
times. But for the average borrower, businessman, or business owner these are
difficult economic times, caused in large measure by the mortgage meltdown,
which are here to stay for several more years.
Banks and borrowers are hurting big time today. Of course
there are a few exceptions. But for the most part that fact is that it is not a
good time to be in banking or to need a loan. How can this be true when the US
Treasury has recently given billions of dollars to the banks and is encouraging
them to lend?
From the Banks’ point of view, every loan they make is
closely scrutinized by their regulators. While this is nothing new in concept,
the level of second guessing is extreme. There is a very good reason why. Over
100 banks have failed this year. The Bank insurance fund legally is mandated to
keep a reserve of 1.15% of all bank deposits; the reserve is down to .22%. This
is why the Federal Reserve is suggesting that all banks pay three years of
insurance premiums in advance, to bolster the federal insurance fund to protect our savings.
Banks are under great pressure to get rid of their Real
Estate Owned; this is a regulatory term for bad loans wherein the bank has
taken the real estate back one way or another. Recently in Marin County, CA a
supposedly “Top Rated Bank” was issued a cease and desist order by the Federal
Deposit Insurance Fund to either get rid of all of their REO over one million
dollars or get out of business by merger or otherwise. It is an open question
whether Tamalpais Bank will make it or not; two of their top people have
defected to a competitor.
Another Bank in the region, The Exchange Bank, had their
first loss in their 100 years of operation: over one hundred million dollars. Ouch!
A very successful real estate developer recently had a very
nasty surprise from their lender: reduce your loans by $1.5 million dollars or
we will not renew your $6.5 million dollar loan- and the loans were current. In
essence the banking crisis is pushing the developer towards bankruptcy, which
are at all time historic highs.
A hotel developer contacted Gregg Financial Services because
of cost overruns on a project in Wisconsin
the bank was holding back $2 million of agreed upon construction funds. They
need another $1.5 million dollars or the project will be in legal proceedings.
The residential market is getting worse because home prices
continue to fall across the country and foreclosures have not abated; moreover,
banks are making it harder than ever to get a loan to purchase a house if you
do not have all cash.
In the commercial real estate market prices are falling as
rents are falling and vacancies are growing. This is a trend that is
increasing.
If all of the above were not bad enough, by any objective
standard, many cities, many states and the USA
in particular are technically bankrupt because they do not have the current
cash to pay their bills. Firehouses and public services are closing as we fail
to curtail spending on wars in far away lands that are diverting the Nation’s resources
from regular American citizens.
The bottom line: All of these negative trends filter down to
the average American and their institutions; the prospects for 2010 are
probably much worse than we have today. This includes alternative financing such as purchase order
financing and accounts receivable financing because a weak economy generates
less purchasing power and less need for financing goods and services in the short run.
The signs are everywhere, but they are not the type of signs
you would hope to see if the economy is starting to recover. Take a look at the
main street in you town. Do you see more “Going out of Business”, “For Sale” or
“For Rent” signs that normal?
It is fair to say that in most areas such is the case. Does
this mean that it is easier to buy a building or a house? Unfortunately this is
not true because banks are very reluctant to lend to anyone except the very
best creditworthy people and companies. The old maxim seems to ring true: the
only people who can get a loan are those who do not really need a loan.
Does this mean it is an easy time for Banks? 85 have failed
this year and there will be more failures. Recently a local Bank was praised by
an independent rating service and one of the very best; this week they received
a cease and desist order from the Federal Deposit Insurance Corporation to eradicate
all lending losses over one million dollars within a very short period of time,
or merge with a stronger institution, or go out of business. Another one
hundred year old bank in the community suffered their first loss in their
history, and it was a whopper: one hundred million dollars.
Gregg Financial Services talked to a local realtor that
specializes in helping banks and Freddie Mac and Fannie Mae dispose of
foreclosed properties? Has the marked improved? Frankly his market is booming
with disaster: 28 foreclosed homes in escrow, 32 foreclosed homes in escrow,
and 35 foreclosed homes that he has given pricing estimates of value to get the
listings. It is almost nine million dollars worth of properties in escrow;
about $142,000 in value each.
In Marin County, CA
where I live we have witnessed three of the larges foreclosures in the history
of the county- all in a range of $50 to $75 million dollars. One local shopping
center is about 80% empty in the retail areas.
Two other banks in our area are dark because their parent
corporations have failed. Five auto dealerships have gone out of business. The
San Francisco Chronicle itself is facing bankruptcy. It predicts that the upper
end of the housing market will be the next area of concern and losses. Many
commercial real estate projects are in similar predicaments.
The bottom line: the mortgage meltdown is continuing and the
situation is getting worse.
In the current financial environment, obtaining traditional
bank funding on favorable terms remains a challenge for most businesses.
Consequently, an increasing number of companies are looking at alternative
options, such as asset-based lending (ABL),
to secure financing. The renewed appetite for this form of lending is the
result of several factors, including the lower-risk profile it presents for
both lenders and borrowers, compared to other financing facilities. ABL
however has its own issues, such as valuation and monitoring, which need to be
managed early in order to limit potential risks. This is particularly
important, as ABL is expected to become the
mainstream and preferred source of lending for businesses going forward.
Driving forces behind ABL
activity
Most lending activities have been affected by the current crisis, including
asset-based lending. But unlike the majority of credit facilities, ABL
provides several benefits to both lenders and borrowers, and is therefore
faring better.
The increase in asset-based lending activity has been
particularly noticeable over the last two years, due to the lack of cash flow
financing during the crisis. In the meantime, new lenders have started
appearing on the ABL market as the
competition has thinned out. These different factors allow the ABL
market to cover a wide range of companies and sectors. “Given the spectrum
within the market, putting aside the exceptional times of last autumn and the
beginning of this year, asset-based lending is generally always active to one
degree or another. But the specific segments of the market that may be the most
active shift depending on larger economic forces,” asserts David W. Morse, a partner at Otterbourg, Steindler,
Houston & Rosen, P.C. “Obviously, there has been a significant
drop off in the large, sponsor-driven acquisition financings, particularly
those where the asset-based component was only a small part of a complex
capital structure involving other bank and capital market debt products.”
But other parts of the market have witnessed vibrant activity, as confirmed by Paul Beveridge, a managing director
of KBC Business Capital. “There is a generally lower level of demand
for some applications of ABL. However, there
is still a strong demand for refinancing and restructuring, as companies and
advisers are turning to ABL as an available
and committed source of finance – as opposed to on-demand overdraft financing,”
he says. The refinancing of corporate debt with asset-based loans has indeed
experienced an up-tick, particularly in the second quarter of this year, due to
the large number of companies struggling under heavy debt burdens.
Several experts have also noted that asset-based lending has been busy in the
area of ‘amend and extend’ for existing asset-based facilities, as part of a
broader restructuring of a business’s capital structure. Some exit financings
by companies seeking to emerge from bankruptcy protection, and
debtor-in-possession (DIP) financings for companies in Chapter 11, have also
become more common, given the large number of businesses collapsing. “In
addition, fewer companies are making a profit, and are therefore remaining
asset-based borrowers for much longer than in the past. Indeed, many borrowers
used to be profitable enough to be considered ‘bankable’ and transitioned to
conventional banking versus remaining asset-based lending borrowers. This is no
longer the case,” points out Donald F. Clarke, president of
Asset Based Lending Consultants, Inc.
Besides the current crisis, and the subsequent lack of financing, one of the
main drivers encouraging the recourse to ABL
has been its flexibility, availability and attractive pricing, compared to
other types of funding. But the credit crunch has also made banks more wary of
lending money, making them turn to ABL,
which is considered to be a safer credit facility, says William S. Veatch, a partner at Morrison & Foerster
LLP. “In the pre-recession era, there was a trend towards ‘covenant
light’ credit agreements and loose collateral arrangements, giving the borrower
complete control over its business. In the current recession, lenders are
reverting back to fully-secured, asset-based loans where the lender has
airtight protection vis-à-vis the collateral, and a significant voice in the
event that there are early warning signs of trouble in the borrower’s business.
The recession has necessitated a return by lenders to stricter credit
underwriting requirements,” he adds.
Seizing opportunities, avoiding pitfalls
Asset-based lending is particularly recommended in some sectors or for certain
types of companies, such as capital intensive businesses with assets that can
be leveraged to provide working capital. Companies with assets that
specifically encourage ABL funding are
concentrated in the manufacturing, retail and distribution sectors, but also in
the services industry. Types of assets usually include stocks or inventory,
plant and machinery, property, as well as brands and intellectual property,
given the fact there is a greater certainty regarding their valuation in terms
of recovery. But some experts insist most categories of assets can allow a
business to find credit in the form of an asset-based loan, as every company
has receivables.
But ABL is not only being used solely by
struggling companies – it can also be a positive tool for taking advantage of
opportunities in the market. “In addition, companies experiencing strong growth
with limited capital investment look to asset-based lending to provide the
working capital they need to fuel expansion,” adds Mr Clarke. Some businesses
operating in specific sectors are pursuing this type of lending in particular,
as part of a broader investment strategy. “The recession has created
significant buying opportunities across all industries, for businesses to
complete strategic acquisitions of their competitors at an attractive price,”
explains Mr Veatch. “Asset-based loans can be an invaluable tool for completing
such an acquisition financing. Opportunities exist in all industries, including
the technology sector, where the assets consist largely of intangible
intellectual property rights.”
The other benefits of ABL
for borrowers include the fact that it provides a revolving line of credit
attached to asset values. In other words, the borrower can use the facility
only when needed and pay it back when money is available. “Also, ABL
represents a source of funding that will grow in line with sales. This can be
an advantage as the recession ends, due to the fact that ABLs are well placed
to support increased working capital needs, unlike other funders,” asserts Mr
Beveridge. The financial resources of the borrower will also be affected less
by a slowdown in business. For lenders, the ABL
borrower is usually a long-term client that provides steady revenues. It also
represents funding linked to collateral values, which can be monitored. The
lender gets information, on a regular basis, regarding the borrower’s
situation, and can therefore react quickly if issues arise, explains Mr Morse.
“The reporting and monitoring of the borrower and its assets provide the lender
with a basis for better understanding its risk and being proactive in dealing
with such risks.
By Harold I. Dundish, Senior Vice President and Division Manager for IDB
Factors, a division of IDB Bank
The landscape of the factoring business has
evolved over the past several decades. What started as family-owned businesses
buying account receivables from mills and manufacturers has turned into a
multi-billion dollar business with the entrance of banks into the market in the
late 1960s and early 1970s.
When family-owned businesses controlled a good portion of the factoring market, lending rates and commission rates were
at reasonable levels and there were no fees because the profits generated were
very good. Soon enough, the banks wanted a piece of the factoring
pie. It was a good service offering for larger lenders to add to their
financial portfolio. But the playing field changed once the banks started
offering factoring as they reduced all rates, making
it more challenging for the other players.
However, the banks began to feel the risk of the factoring
business and wondered whether it was worth the reward. In the 1960s and 1970s,
bankruptcies were considered an embarrassment - unlike today where it is
just a normal course of business. Companies were also declined for credit or
were given terms of net 10 days at most when the factors requested financial
statements in cases involving pledged inventory. Any company with a deficit in
working capital was declined or restricted on credit extension.
Textile business booming
Although the banks encountered the risks of the factoring
business, there were still many opportunities as the textile and apparel
manufacturing businesses thrived in the United
States.
In the early 1970s, there was a constant change in the type of machinery
technology used to produce and improve fabrics, specifically in the southern
part of the country. Double knits were very popular and many businesses could
sell contracts for Bentley double-knit machines at big profits to other
manufacturers. Acetate yarn was also a highly desirable commodity at that time
as well, due to the popularity of sweaters.
"Factor vs. commercial corp."
Visits to customers were made more often because the customers were mostly
non-public companies, and many times, more credit was extended as a result of a
visit. Factors were called "factors" not "commercial
corporations" or "trade finance companies." The name has changed
over the years because "factoring" in other
industries is associated with troubled firms that need financing, and factors
wanted to develop other industries for their product, hence the reason for the
change.
Factoring evolves
Today the industry has witnessed significant changes. For the most part, the
textile and apparel industry has moved overseas, primarily due to the lower
labor costs of producing garments and textiles in the United
States. Only a small percentage of garments
are made in the United States.
Some of the domestic production is done to facilitate quick turnaround for a
retailer; while in other cases, some manufacturers have captured a very
specific niche in the marketplace that is still possible to produce in the
States from an economic perspective.
In the past, the mills that sold to the manufacturer were the dominant part of
the factor's client base.
Today the manufacturer/importer is the factor's primarily client base and the
client's customer is the retailer. Wholesale factored volume is small. Overall,
in excess of $80 billion is factored in the U.S. Factoring
volume is still primarily comprised of apparel firms because this has always
been a very acceptable form of financing in this industry.
The factoring industry has consolidated
substantially, with the larger factors acquiring many smaller factoring firms. GMAC CF and CIT
Group are two factoring firms that have acquired many
other competitors over the years. The same is true for the retail industry, as
many have gone out of business or were acquired by others.
There are now "re factors" who are factors that give their credit,
collection and check processing functions to a larger, full service factor.
This allows the re factor to concentrate on its client base and new business
development while giving up a portion of its commission income to the
full-service factor for providing these services.
The biggest concern among factors today is their customer base - the retailers.
In the 1990s, Venture Capital firms would acquire large retail operations and
turn the balance sheet upside down. With good cash flow, there was a free flow
of credit from factors. However, in light of today's current economic climate,
there are large credit exposures on the consolidated retail customer base. As a
result, factors are in some cases restricting credit to these customers. This
is different from the situation several years back when factors were not as
concerned about the customer base as long as customer bad debts were at
acceptable levels. Today, factors are charging a premium for certain higher
risk retail customer credit exposures.
Factors are in an economy that they have never before experienced. With some of
the most reputable old-line household name firms getting into serious financial
difficulty, everyone is extra careful and diligent as they navigate through
these turbulent times.
Harold I. Dundish is senior vice president and division manager for IDB
Factors, a division of IDB Bank
Fearing that a potential CIT bankruptcy
might devastate its business, at least one apparel firm has sued to end its
relationship with the troubled commercial-lending giant, The Post has learned.
Scherr Inc. -- a Livingston, NJ-based maker of men's casual clothing --
charges that "CIT's disastrous
financial situation creates grounds for insecurity" as the manufacturer
looks to recover cash for merchandise delivered to retailers, according to a
lawsuit filed this week.
If the lawsuit prevails in court, legal sources say CIT
could be hit with a deluge of similar complaints from skittish fashion
companies looking to flee to rival "factoring"
firms, which provide the credit that keeps inventory flowing to stores.
CIT -- whose factoring
unit is a linchpin for the fashion industry, financing more than 60 percent of
apparel deliveries in the US
-- in recent weeks has rebuffed legions of clients looking to sever their
contracts, sources said.
In an effort to soothe worries about its shaky finances, CIT
said last week it's extending $1 billion in cash advances and credit to
manufacturers and retailers, having cut a $3 billion financing deal with its
largest bondholders.
The announcement quelled the unrest among many CIT
clients.
"It's mostly business as usual this week," according to one
industry source, noting that CIT is
"buying new receivables and allowing people to draw down on credit
lines."
Sources said CIT likewise has moved to
accommodate some clients by amending contracts to protect their accounts from a
possible bankruptcy filing -- by placing receivables into a kind of escrow
account, for example. Still, CIT warned this
week it still may resort to bankruptcy protection.
In its lawsuit, Scherr alleges that CIT's factoring unit recently admitted that the "poor
financial condition" of its corporate parent made it
"impossible" to extend new loans.
The suit, filed in New York State Superior Court is slated for a hearing
tomorrow.
Despite lining up a last-minute, $3 billion reprieve from its bondholders
over the weekend, CIT
Group isn't in the clear yet. To counter its losses, CIT aims to attract
more funds through deposits to its bank in Utah.
However, the company first needs approval from the Federal Reserve and the
Federal Deposit Insurance Corp. to transfer more of its assets to the bank. And
more broadly, the firm must find a long-term solution to the increasingly
expensive business of finding capital to make loans.
Even if CIT manages to stave off filing
for bankruptcy protection, small-business owners would be wise to familiarize
themselves with credit alternatives — especially these days, says David S.
Waddell, the CEO of investment strategy firm Waddell & Associates in
Memphis, Tenn. Owners are now finding that their longtime deposit relationships
arent proving as useful, as many lenders restrict loan and credit terms to keep
more cash on hand, he says. (According to the Federal Reserve's most recent
Senior Loan Officer Opinion Survey in April, 75% of domestic banks said they
tightened credit for small firms — up from 70% in the Fed's January survey.) In
addition, credit card companies like American
Express and Advanta
are either tightening their terms or cutting small businesses off entirely.
"Hopefully, recent events and those within the last year gave
entrepreneurs inspiration to locate alternative forms of capital," says
Waddell. But if aligning back-up (or primary) financing sources hasn't been a
top priority at your firm, it's not too late.
Here are five small-business funding alternatives to consider:
Government-backed loans
In March, the Small Business Administration began guaranteeing as much as
90% of some loans. Now, preferred SBA lenders such as Bank
of America and KeyBank
may be more willing to extend you an SBA-backed loan, says Brian Hamilton, CEO
of Sageworks, a Raleigh, N.C.,
financial research firm, and a former SBA consultant. Since President Obama
signed the American Recovery and Reinvestment Act (ARRA) into law in
mid-February, the weekly loan dollar volume has risen more than 40% in the 7(a)
and 504 programs, compared to the weekly average before passage, according to
John J. Miller, a SBA spokesman.
Passage of the ARRA, also permitted the SBA to temporarily waive a fee that
it charges to banks, which is passed on to borrowers, says Martha Seidenwand,
KeyBank's SBA program and operations manager in Cleveland. (Special SBA
programs including the American Recovery Capital (ARC) program and the floor
plan financing program, might also prove helpful.)
Community banks and credit unions
Having dodged the brunt of the mortgage bullet, community banks and credit
unions may be in a better position to lend to small businesses, Hamilton
says. A number of community banks are issuing additional loans to small
businesses as the outlook for the lending environment improves. In addition,
credit unions may soon take on more small-business loans as larger lenders
tighten their terms.
Peer-to-Peer networks
After a nine-month registration period with the Securities and Exchange
Commission, the San Francisco-based peer-to-peer lending network Prosper is
back in the business of brokering loans. At Prosper, borrowers list how much
they need and details about their business, while strangers can make loans with
as little as $25. Virgin Money specializes in structuring business loans
between friends, family members and associates. Lending Club will connect only
credit-worthy borrowers with lenders.
Microlenders
In need of a small cash infusion? Enter: New York-based microlenders Accion USA
and Count Me In. Because these organizations rely on donations from charitable
organizations and individuals, they're more willing to lend to entrepreneurs
just starting up or to those with checkered credit histories. Although
microloans generally carry higher interest rates than bank loans, Accion
recently lowered its rates from between 11% and 18% to between 8% and 15%. The
SBA also provides microloans and offers rates between 8% and 13%.
Asset-based lenders
Don't let the near-collapse of CIT, one
of the nation's largest factoring firms, fool you. There are troves of other
asset-based lenders willing either to purchase your accounts receivables for
80% to 90% on the dollar or to lend against them. LSQ Funding, an Orlando, Fla., factoring firm, for example, works
exclusively with small to midsized businesses across the U.S.,
and New York's FGI
Finance purchases international receivables. For those who like competition,
the New Orleans-based Receivables Exchange allows credit-worthy businesses to
auction off their receivables to the highest bidder.