Factoring in El Salvador

Factoring in El Salvador

Factoring in El Salvador

Published on august 12 , 2022

Foto de Mauricio Jose Guandique Cabezas

Mauricio Jose Guandique Cabezas - Associate

The liquidity of your company, in financial terms, is a very important factor. The Factoring Line or "Factoring" arises as an alternative to solve the need to generate cash liquidity. How does it work? It has two fields of action. The first, and most used in practice, is the model by which companies have their accounts receivable materialized through Quedan or Invoice; these are classified within the assets of their balance sheet but are not reflected as immediate availability. Then, due to liquidity needs, the option of factoring arises, in which the accounts receivable are sold to financial institutions which buy them at a lower percentage (discount), generally 90% or as agreed or determined by the financial institution due to several factors.

As benefits of this operation we can point out that it eliminates the long waiting time that may arise for the payment of our accounts receivable; in this way we would be transforming credit sales into cash sales. Among other advantages we have the reduction of collection risk on the part of your company, since these are transferred to the financial institution that acquires them and this reduces your transaction costs.

Some financial institutions in our country offer this service on a regional basis in Central and South American countries through their network of banks, which can facilitate your company's business with local and foreign clients.

The other field of action of Factoring is to obtain a line of credit for the immediate payment of suppliers; in this case the financial institution enables a line of credit for the exclusive financing of accounts payable, which generates benefits because it gives your company bargaining power with its suppliers as it ensures payment with a shorter deferral period.

For more information about how this may affect your company, please contact our specialized team at bvaldez@bvaldezlaw.com  or  benjamin@bvaldezlaw.com
email
Last June, the new Instructions for the Prevention, Detection and Control of Money Laundering, Financing of Terrorism and Financing of the Proliferation of Weapons of Mass Destruction, issued by the Attorney General's Office (FGR), under the framework of the Anti-Money Laundering Law (LCLDA), came into force. In its Article 2, the LCLDA establishes that every person must submit information to the FGR that allows demonstrating the licit origin of any transaction he/she carries out. This leads us to conclude, then, that every person must prepare the manual and internal policies for the implementation of a money laundering prevention system, and the continuous development of these.

What is the difference between the new Instructions and the prevention systems elaborated before it came into force? Article 4 of the Instructions requires individuals to apply a risk-based approach, which consists of identifying, assessing and understanding the risks of their sector and operation, and applying resources aimed at ensuring that they are effectively mitigated. Therefore, it is necessary to update the manuals and policies that companies had developed in the past, so that they have a risk-based approach and comply with the new provisions.

From the manuals prepared, it is necessary to comply with other obligations, among them, to develop due diligence and KYC policies to identify the final beneficiary of the company's business relationships, to detect and mitigate all unusual or suspicious transactions and report them to the FGR (not only cash transactions), to train employees, to keep a historical record of the files analyzed, and above all, to appoint a compliance officer.

Why is it important to comply? Article 8 of the LCLDA establishes that, if there is any encumbrance due to negligence, impertinence or ignorance of the directors or employees of the companies, there will be a sanction of two to four years in jail.

Therefore, as a Firm we recommend:


We offer you our services, in order to comply with these legal obligations, so that your company has the peace of mind and support of a money laundering prevention system.

For more information about how this may affect your company, please contact our specialized team at bvaldez@bvaldezlaw.com  or  benjamin@bvaldezlaw.com