For the purposes of article R. 314-6 du code de la consommation, the following terms are defined:
Post-counted commission: commission invoiced to the customer at the end of the period in respect of advances granted.
Pre-counted commission: commission invoiced to the customer in respect of advances granted, when the said advances are set up.
Guarantee holdback: sum set aside when the invoices are taken over by the factoring company to guarantee the latter against any sums that the customer may become indebted to it, and which is returned to the factoring company in the event that this guarantee has not been implemented.
Debtor numbers: product of the gross financing amount multiplied by the number of financing days.
Credit balances on the holdback account: product of the amount withdrawn from the commitment account in respect of the provision of the holdback by the number of days for which the commitment account is charged.
The one-day period rate applicable to factoring transactions is calculated as follows:
1° Numerator of the rate:
The numerator is made up of:
the amount of the pre-counted financing commission (taken in full or in the event of staggering, for the portion attributable to the period in question) and/or post-counted commission based on the entire advance (including the advance on remuneration received by the factoring company and on holdbacks) ;
the amount of other fees and commissions relating to the financing, but distinct from the financing commission, included in the basis for calculating the overall effective rate (taken in full or in the event of spreading, for the portion attributable to the period in question).
The numerator is, where applicable, reduced by the rate or base reductions granted in respect of the advance on holdbacks;
2° Denominator of the rate:
The denominator is made up of:
the amount of the debit numbers relating to the pre-counted financing commission (in the event of averaging, only the debit numbers relating to the period in question are taken into account);
the amount of the debit numbers relating to the post-counted financing commission for the period in question.
The denominator is reduced by:
from the amount of the credit numbers recorded during the said period on the holdback account, for the portion that gave rise to the collection of financing-related commissions;
from the product of the amount of the pre-counted financing commission referred to in the numerator by the number of days of pre-counted financing ;
-of the product of the amount of fees and commissions referred to in the numerator over the period in question included in the base for the overall effective rate, by the length of time over which they reduce the amount of financing available;
-of the product of the amount of fees and commissions over the period in question not included in the base for the overall effective rate, by the length of time over which they reduce, over the period, the amount of financing available.