UCC Article 9: Uniform Commercial Code Article 9 governs secured transactions, including the sale of accounts receivable and creation of security interests in personal property
Assignment of Claims Act: Federal law governing the assignment of claims against the United States government, crucial for factoring of government receivables
Federal Trade Commission Act: Regulates unfair or deceptive trade practices in commerce, affecting factoring relationships and disclosure requirements
Bank Secrecy Act: Requires financial institutions to assist government agencies in detecting and preventing money laundering, applicable to factoring transactions
AML Regulations: Anti-Money Laundering regulations requiring factors to implement programs to prevent money laundering and terrorist financing
USA PATRIOT Act: Requires customer identification programs and enhanced due diligence procedures for financial transactions
Fair Credit Reporting Act: Regulates the collection, dissemination, and use of consumer credit information, relevant when dealing with consumer-related receivables
Equal Credit Opportunity Act: Prohibits discrimination in credit transactions based on various protected characteristics
State UCC Adaptations: State-specific modifications to the Uniform Commercial Code that may affect factoring arrangements in different jurisdictions
State Usury Laws: State-specific limitations on interest rates and fees that can be charged in financial transactions
State Licensing Requirements: State-specific requirements for obtaining and maintaining licenses to conduct factoring business
State Notice Requirements: State-specific rules regarding notification of account debtors and filing requirements for assignments
SEC Regulations: Securities and Exchange Commission regulations that may apply if the factoring arrangement involves securities
Federal Reserve Regulations: Banking regulations that may impact factoring transactions, especially those involving regulated financial institutions
FDIC Regulations: Federal Deposit Insurance Corporation regulations affecting factoring transactions involving insured depository institutions
Bankruptcy Law: Federal bankruptcy code provisions, particularly regarding preference periods and fraudulent transfers
Contract Law Principles: General principles of contract formation, enforcement, and remedies applicable to factoring agreements
ESIGN Act and UETA: Electronic signature laws governing the validity of electronic signatures and records in factoring transactions
Privacy Laws: Federal and state privacy regulations governing the handling of personal and financial information
Consumer Protection Laws: Laws designed to protect consumer interests in financial transactions, particularly relevant for consumer receivables factoring
