Colleagues and others, interested and simply bored! A question for all of you, those who have ever participated in negotiations or were at least simply present:
1. Is deferment of payment a necessity or an evil to which all buyers are already accustomed?
2. To what extent do you think this part of the trading conditions is integral in standard/initial negotiations? or is it still necessary to approach the provision of this specification scrupulously?
3. Is it worth increasing the deferred payment simply because time has passed and it is necessary to “update” the specifications?

Based on my not so long experience (8 years), I am increasingly coming to the conclusion that, as a rule, deferred payment is a “standard” trading condition that is not valued, but taken for granted. Moreover, when the question of providing one or increasing the period is asked during negotiations, there are no reasons/justifications.
What was most surprising during the period of working with the “food market” was that independent retail requires the TP to provide a deferment, even if the minimum order amount is 1000 rubles. Well, TP tries to sell without hesitation this idea to his line manager, and so on throughout the chain... and after a certain period of time, the management of the supplier company begins to fight to reduce DSO and days of credit..

I will be grateful for your competent and not so, but OPINION!
Thank you.

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Provision provision commodity credit counterparties, developed by Finn Flare, helped reduce accounts receivable by 50 percent. At the same time, the receivables turnover period did not exceed 15 days.

Finn Flare, a company specializing in the production and sale of clothing, supplies about 40 percent of its products to its own stores, and the remaining 60 percent to its wholesale customers. Before the crisis, the company was actively expanding its circle of loyal regular customers. A number of incentive measures were provided for them, in particular the provision of deferred payments for supplied products for up to 30 days.

In the fall of 2008, the company first encountered late payments from regular customers. Therefore, for optimization accounts receivable All the company's clients were divided into four groups depending on the assessment of their creditworthiness. Such characteristics of the counterparty were taken into account as the duration of the company’s operation on the market, sales volume, weighted average period delays, revenue growth rates, client reputation. For each group, standard conditions for working with a counterparty have been developed.

The practice of providing deferred payment was maintained only for those clients who repaid their obligations on time. Together, all these measures allowed Finn Flare to reduce the amount of accounts receivable by 50 percent and reduce its turnover to an average of 15 days.

Comments
Natalya Krapivnaya,
Director of Finance and Economics at Finn Flare

Regulations on the procedure for provision
trade credit to counterparties
(extraction)

1. General Provisions.

1.1. Trade credit is provided to the company's counterparties in order to increase sales volumes.

1.2. Providing loans to private individuals is not permitted.

1.3. It is not allowed to provide a loan to a counterparty that is not geographically assigned to the manager.

4. The procedure for granting trade credit.

4.1. Before granting a trade loan, it is necessary to obtain from the counterparty the documents listed in this provision. Without these documents, it is prohibited to consider the possibility of providing a trade loan.

4.2. When setting a trade credit limit for a specific counterparty, it is necessary to carry out an analysis. The form of the analytical card is given in the appendix to this regulation.

A comment

Sales department managers conduct an initial assessment of clients' creditworthiness. But their main task is to fill out the cards analytical accounting and transfer the collected data on the counterparty to the financial department. This work scheme allows us to reduce the load on the financial department, whose employees do not have to demand information from the company’s clients.

4.3. With counterparties working on deferred payment terms, in mandatory contracts for the supply of goods of the established standard are concluded.

4.4. Data on documents provided by the counterparty, terms of the loan (days of deferred payment and limit), data on the agreement are necessarily entered into the counterparty's card. The procedure and list of entered data is specified in this provision.

4.10. The possibility of providing a commodity loan to counterparties in the wholesale sales area is considered only if goods are purchased at least once a month on the terms of 100 percent prepayment (payment upon delivery) within three months. The amount of shipments for each of the three months should not be less than 10,000 rubles.

4.11. The trade credit limit must correspond to the real needs of the counterparty and not exceed the average monthly turnover based on the results of its previous work for three months by more than 15 percent. The trade credit limit should not be lower than the minimum trade credit limit (see clause 3.1).

A comment

The trade credit limit is the level of risk that the company is willing to bear. Before the crisis, this figure was 30 percent.

4.12. If a counterparty working in the wholesale direction provides security (conclusion of a pledge agreement, surety, bank guarantee etc.) the trade credit limit can be set from the first shipment, based on the proposed collateral in a ratio of 1:1.3 (the amount of the offered collateral must be 30% greater than the amount of the trade credit limit).

A comment

Collateral for trade loans is usually a guarantee from business owners or a bank guarantee, which must exceed the amount of the debt by 30 percent.

The list of documents required for concluding a pledge or guarantee agreement on the part of the counterparty is defined in the appendix of this provision.

5. Documents and information for providing trade credit.

5.1. Before granting a trade loan, you must obtain the following documents from the counterparty, depending on the amount of the loan limit.

To obtain a trade loan, in addition to the above documents, counterparties must provide:

• a copy of the lease agreement (if the counterparty leases premises (location) for a retail outlet);
• a copy of the ownership certificate.

A comment

The rental period for the premises by the counterparty should not end earlier than three months from the date of provision of the commodity loan.

5.2. The above documents will be further positive decision on the provision of trade credit to the counterparty are stored together with the supply agreement.

7. Division receivables limit.

7.1. By the 20th day of the second month of the quarter, managers submit accounts receivable limits for the next quarter for partners to the head of the department for consideration.

7.2. If necessary, the head of the department, before the 25th day of the second month of the quarter, adjusts and submits for approval to the commercial director the provided receivables limits.

A comment

Sales managers work closely with customers and can evaluate them credit limits. These preliminary figures are agreed upon with the commercial director, but the final word always remains with the financial department, which, after analysis, can adjust the limit down or up.

7.3. The commercial director, by the 28th day of the second month of the quarter, approves accounts receivable limits for the next quarter for managers and for the sales division as a whole.

7.4. Head of department until the 1st last month quarterly is obliged to transfer to managers the approved limits of receivables.

Appendix No. 1

The procedure for calculating the reliability of counterparties

Scale for assessing counterparty reliability indicators

Indicators	Points
	1	2	3	4
Weighted average period delays, days	> 15	8–15	4–7	≤ 3
Sales volume to counterparty in total sales, %	≤ 0,1	> 0,1 ≤ 0,5	> 0,5 ≤ 1	> 1
Volume of critical receivables debt at the end of the period, % of accounts receivable volume	51–100	21–50	6–20	0–5

All counterparties are grouped into four groups according to reliability level:

• reliable counterparties (risk group – 1);
• ordinary counterparties (risk group – 2);
• unreliable counterparties (risk group – 3);
• critical counterparties – risk counterparties (risk group – 4).

The reliability of the counterparty is assessed based on its weighted average period of delinquency, sales volume and overdue debt at the end of the period (see table).

The assignment of a counterparty to a particular group is carried out on the basis of an integral assessment, which is calculated as the product of scores for all three indicators.

A comment

Extremely unreliable counterparties are stores with an integral score from 1 to 4, unreliable counterparties - from 5 to 12 points, stable counterparties - from 12 to 27 points and, finally, reliable - from 28 to 64 points.

When setting limits commodity loans it is necessary to take into account all of the above analytics for a specific counterparty, as well as the share in the sales volume of the sales division with the division of product groups.

Appendix No. 2

Customer credit assessment

A sales manager who attracts a counterparty for cooperation needs to:

• notify the counterparty's representative about the need to conduct an inspection;
• request the following documents for review and making copies: registration certificate, certificate of registration with tax authority, charter, constituent agreement, document confirming the powers of the representative, documents confirming the conditions of ownership of retail premises;
• transfer the received information to the enterprise security service;

A comment

A new client may turn out to be a fly-by-night company or even do business without state registration. Cooperation with such a store threatens unpleasant consequences for Finn Flare. At a minimum, there is a risk of recognizing transactions with such companies as insignificant and, as a result, tax losses. Therefore, all clients undergo mandatory verification.

Methodology for assessing a client's creditworthiness

To assess the creditworthiness of clients, eight main characteristics were identified:

• period of joint work;
• the length of time the company has been in the market;
• sales volume to the client in total sales volume;
• weighted average period of delay;
• conditions of ownership of commercial premises;
• revenue growth rate;
• client reputation, statutory documents;
• organizational and legal form.

At the next step, each characteristic is converted into a variable that takes values ​​corresponding to the ratio of the number of “bad” clients with a given characteristic to the number of “good” clients with the same characteristic.

Thus, each attribute receives a numerical value corresponding to the level of its “riskiness”.

log (p/(1 – p)) = w 1 x 1 + w 2 x 2 + … + w n x n,

Where R– probability of default,

w– weight coefficients,

x– client characteristics.

How to prevent doubtful and bad debts

There are several ways to prevent or minimize bad debt.

Prepayment

If there is a risk of problems with the buyer, it is better to conclude an agreement with him on an advance payment basis. Moreover, the prepayment in this case must be 100%. Then you, as a supplier, will not have problems with debts.

Security in the form of collateral, surety, bank guarantee

Counter debt (accounts payable)

When there is a counter-debt, you can relatively safely ship products without prepayment, without collateral or other safety net options. If there accounts payable and receivables arise, it is always possible to cover them through offset.

Letter of Credit

This is a rather exotic option, although undeservedly forgotten. A letter of credit is one of the forms of non-cash payments, the meaning of which is as follows: when both parties to a contract (for example, delivery) do not trust each other (that is, the supplier does not trust the buyer, because he is afraid that he will not pay, and the buyer is afraid to make an advance payment, because I am not sure that the supplier will make the shipment to him), the problem can be solved by a third independent party represented by a bank (issuing bank).

In this case, the bank opens a letter of credit: part Money the buyer's current account are transferred to a special account in this bank, and the buyer no longer has the right to dispose of this money for a certain period of time. The bank then informs the supplier that the money is “reserved” for him in a separate account and this money will be transferred to him as soon as he submits documents confirming the shipment.

Unfortunately, this service is not very popular. Probably because it's not cheap. But from a financial and civil legal point of view, this is a good option for preventing the accumulation of debts.

Methods internal control accounts receivable

It must be said right away that there are no universal methods for controlling accounts receivable. Everything is very specific, and a lot depends on the activities of the enterprise, its scale, the amounts processed, clients, and the market in which the enterprise operates. There are too many factors to consider. However, you can focus on several important factors.

Planned level of accounts receivable

The maximum allowable amount of accounts receivable is determined by calculation. It is expressed in absolute values ​​and/or as a percentage of revenue.

We are talking about the amount of debt that a company can afford without serious damage to its financial economic activity. It is better to set this amount in a fixed amount, that is, in rubles. Additionally, you can set it as a percentage of revenue.

Conditions for providing deferred payment (credit) to clients

The company may have a specific deadline - 15 or 30 days, for example. But one deadline doesn't work for everyone she works with.

If we are talking about a key or regular customer, then the period for him may be longer. After all, he, as a rule, makes large orders and regularly fulfills his obligations.

If a new client appears that the company is not yet sure of, then it makes sense to revise the deadline downwards. A problem client needs to set either a minimum period or even insist on prepayment.

Employee motivation

It is desirable to develop a system in which wage employee will depend on the maturity of the receivables.

Procedure for granting deferred payment to clients

The information collected about him plays a major role in deciding whether to grant a loan to a client.

You can start by analyzing information from open sources and the information that is requested from buyers. How long have they been on the market? Which of their counterparties can you contact for feedback? How accurately are they calculated? A lot of valuable information for analysis can be extracted from the company’s website.

It is best to visit the buyer's office in person. This will give you an idea of ​​how risky it will be to work with him.

Deferred payment is a period of time during which the borrower ceases to fully or partially pay his obligations to the bank for the issued loan. Deferred payments are sometimes called credit holidays or credit holidays. The period for which it is provided depends on the type of loan, the period of its execution, as well as the solvency of the client.

Not every borrower can apply for a deferred payment. To obtain it, you must have financial difficulties. The client should not be able to pay mandatory monthly fees on loan. Read about what situations may be a reason for postponing payment in this article.

In some agreements, banks stipulated in advance the conditions for obtaining a deferment. The consumer needs to study the contract for the presence of these clauses before contacting the bank to receive grace period on loan repayment. To use the service, you need to write an application to the bank. All documents confirming your insolvency must be attached to the application. At this link you will find an example of a letter requesting a credit holiday.

Reasons to ask for credit holidays Ah, they can be very diverse: loss of a job, theft of property, fire, addition to the family or death of a loved one. The borrower's situation should lead to unexpected and large expenses.

The bank can provide deferred payment in several options.

• Firstly, you may be offered a partial suspension of payment of funds. For example, when the client continues to pay only interest on the loan.
• Secondly, you can arrange a complete stop of payments for a certain period. In this case, the borrower completely stops paying his credit obligations for a specified period of time.

Sometimes creditors refuse to provide similar service, and there are certain reasons for this. We are considering them.

Will payments change after the end of the credit holiday? The client will again have several options. In the first option they increase monthly payments, but the deadline remains the same. In the second option it's the other way around. The loan term increases, but the payment amount remains the same. In addition, the bank will have to pay interest for providing a deferment. In any case, the option that will be more convenient for the borrower to pay is selected.

The lender may refuse to provide a credit holiday, but offer the client restructuring or refinancing.

If you want to know how to get a loan without refusal? Then go through

Deferred payment under a supply agreement by law only applies to food products and alcohol.

Dear readers! The article talks about typical solutions legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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In other cases, the parties determine this condition by joint agreement. Accordingly with the Civil Code of Russia and others regulations you need to draw up a special contract for the supply of products.

Moreover, this document does not have a format established at the legislative level. But it should include a wide range important points. This primarily applies to payment under the agreement.

Important aspects

The supply of a certain product always requires drawing up an agreement; the agreement is called a “supply agreement”.

The Civil Code fully regulates this process. There are many nuances that are provided for in this process.

The contract necessarily contains a clause that is devoted to payment for delivery, and it is not uncommon for the seller’s side to make concessions to the buyer, namely with a deferred payment for a certain period.

The amount of deferment for goods can be different sizes, this can vary from 0% to 100% of the cost, it all depends on the product itself and the agreement.

It must be remembered that all these stated points must be recorded in the contract. What does this agreement provide, and what will its role be in the relationship between the two parties:

1. Describes various points in the product delivery process.
2. The payment steps for the goods are established.
3. The rights and obligations of both parties are stated.
4. Describes the solution to controversial problems.

The last paragraph describes the case when conflicts arise between the parties.

You can dispute questions in judicial procedure or other regulatory authorities. Naturally, the contract must be correctly created, otherwise it will be considered invalid.

Required terms

A supply agreement is a document with the help of which the buyer and seller formally agree on the terms of quality, quantity and payment for goods.

Also, such contracts often take into account possible force majeure situations, the amount of penalties, situations in which the contract may be considered terminated, etc.

If we talk about a special type of contract with deferred payment, it practically does not differ from the standard form.

There are 3 types of contract with deferment:

1. With interest accrued.
2. With an increase in the cost of goods.
3. Payment of interest on debt.

The difference between them is already obvious: the transaction may require payment only for the purchased and left goods or taking into account interest depending on the term, and for each day of delay.

Cause of occurrence

The reasons why the buyer needs a deferred payment are always different; the reason for the occurrence does not have to be stated in the contract.

The most common reasons why this interaction process occurs are:

1. It is difficult to make a profit from products due to the fact that sales of goods are slow.
2. A special case, and the format of the contract itself in a specific case.
3. Interaction between the parties in this format.

The main issues are always discussed between the parties, and if this does not contradict the law, then the points are stated in the contract.

Legal basis

The specifics of drawing up the agreement are regulated Civil Code Russia:

Article No. 488 of the Civil Code of the Russian Federation	Regulates this process of credit and economic relations
Article No. 328 of the Civil Code	Says that the contract must indicate the reciprocal performance of obligations between the parties
No. 450 GK	This article says that any changes to the contract are possible only with the consent of both parties
Art. No. 203 GK	Says that the contract has legal force only if it is drawn up strictly in accordance with legislative norms
The important point is that	That this agreement must be drawn up in writing, as stated in Art. No. 161 Civil Code of the Russian Federation

The rights and obligations of both parties are specified in Art. No. 513 - 515 of the Civil Code of the Russian Federation, here you can clarify that the parties can choose the rights and obligations themselves, but also fix this in the contract.

Drawing up a sample supply agreement with deferred payment in 2017

In order for an agreement with deferred payment to have legal force, you need to know how to specify a deferred payment in the supply agreement, and in which subclause it should be indicated. A form for a delivery agreement with deferred payment is available.

And after a new agreement is drawn up between the parties, the main issues that should be considered between the parties are:

1. Mention to the agreement.
2. Maximum deferment amount.
3. Delivery of building materials.
4. Upon delivery of equipment.
5. And upon delivery of goods.

Essential conditions

The Civil Code of the Russian Federation indicates that the essential terms of the supply agreement are the deadlines for execution, as well as the subject of the agreement.

In order for the subject of the contract to be specified, it is necessary to indicate the name of the product, as well as its quantity, as indicated in Art. 455 Civil Code.

When deferring payment, a document is attached to the contract, the name of which is a specification, it states the name of the product, and in what quantity, as well as the payment schedule, if provided.

The second essential condition is delivery time. This delivery agreement can be concluded either for a single delivery or for several years of cooperation.

Video: how to work with deferred payment if you are not yet an LLC

When delivering for several times/years, the parties must draw up a delivery schedule, as well as a payment schedule, in case of delivery with deferred payment.

According to the law, there is no specific period of deferment; in this agreement, the parties themselves make a decision, and also attribute this in the contract.

At early repayment, as well as early delivery, agreements between the parties must occur.

Mention in the agreement

In general, a deferred payment agreement will look like this:

Contract header	The header specifies the responsible parties between whom the process will take place, as well as the data of the parties
Subject of the agreement	This paragraph describes the process of actions under this agreement.
Product price and payment terms	This paragraph specifies what the cost of the goods will be, how the buyer will transfer funds to the seller’s account (by bank transfer, in cash), and this paragraph also specifies the deferment of payment and for what period
Receipt of goods	Here the parties write down their agreement on how the goods will be delivered to the proper place
Responsibility of the parties	Other agreements are prescribed, as well as what responsibilities of the party exist in case of failure to fulfill the clauses of the agreement
Force majeure	Points are specified for which the parties are not responsible in the event of unforeseen circumstances.
Dispute Resolution	Prescribed ways to resolve conflicts
Duration of the agreement	This paragraph states until what period the contract is valid, as well as what reasons there may be for terminating the contract

Delivery of building materials

Need for deferment for purchase building materials arises very often, so entrepreneurs are forced to overpay, although there are also transactions when they manage to pay only for purchased materials.

When concluding such an agreement, the following conditions must be taken into account:

In addition to possible interest for the deferment, the seller must indicate in the document additional expenses expenses that he will incur when loading and transporting the goods.

This refers to packaging and delivery costs. The price of the product and other types of expenses are indicated in the specification.

This section also states:

1. Payment method for goods.
2. Delivery terms.
3. The date that will be considered the completion of the transaction.

The contract also specifies how the goods are to be delivered. Usually these are several batches that can be divided according to time frames.

The supplier may agree with the seller to, if possible, deliver the goods earlier than the specified date, if this is convenient.

The deferred payment must be indicated in the paragraph Contract price and payment procedure. Here the parties must come to the same opinion on the type of deferment, and indicate the date that will oblige the buyer to pay for the delivery.

After this, the parties sign the contract, and the buyer receives the goods within the specified time frame. Upon receipt, he must check the goods to ensure they comply with the specifications.

Upon delivery of goods

According to a supply agreement with deferred payment, the parties must draw up a document indicating the type of deferment, which can be with or without interest.

The subject of the contract can be any product necessary for the entrepreneur to conduct business and make a profit.

The “payment procedure” clause indicates the period given to the buyer to pay for the goods, which was previously agreed upon.

After the allowable time has expired, the buyer is obliged to pay the required amount in accordance with invoice taking into account interest, if this was in the terms of the contract.

There may be a situation when the buyer does not make payment on the specified date. Then he is credited with a fixed amount on a daily basis or percentage from the transaction amount.

According to the law there are clearly deadlines payment, after which the supplier has the right to go to court to file a claim.

What is the maximum period of delay under the law?

On this moment There is no specific law that would apply in such a case, however, according to 457 of the Civil Code of the Russian Federation, the debtor is obliged to pay the debt on time or within another reasonable period, and the creditor must send a claim in the form of a letter, in which he demands payment within seven days of the obligation.