Introduction
Factoring, the sale of trade receivables for immediate cash, has
become an important tool for improving liquidity among India's
micro, small, and medium enterprises ("MSMEs"). In this
arrangement, a business (the "assignor") sells its
receivables-amounts due from a 'debtor' under a supply or
service contract - to a third party called a 'factor'. The
factor provides upfront financing and later collects payment
directly from the debtor when due.
In recent years, factoring has transitioned from a niche
activity to a mainstream financing option, driven by the need to
formalise trade credit and strengthen MSME working capital.
Recognizing its importance, the Indian legislature and the Reserve
Bank of India ("RBI) have established a detailed regulatory
framework for the factoring business in India. The Factoring
Regulation Act, 2011 ("FRA 2011") serves as the
foundational legislation, while the RBI's 2022 regulations and
the Priority Sector Lending (PSL)