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💵 Fund-Based Working Capital Facilities

Cash credit, overdraft, bill finance (discounting and purchase), bills co-acceptance, Clayton's Case, and key legal perspectives on fund-based facilities.

Fund-Based Working Capital Facilities


Cash Credit and Overdraft

  • Both allow borrowing up to a certain limit
  • Cash credit is regularly used for working capital; overdrafts are used intermittently
  • Cash credit accounts usually have debit balances; overdrafts are typically in credit and function as a current account with borrowing privileges
  • Borrowers don't need to borrow the full limit initially, providing flexibility
  • Interest is only charged on the amount actually drawn
  • Drawings are linked to the value of current assets

Legal Perspectives:

  • Both cash credit and overdraft can be express or implied contracts
  • In the Bank of Maharashtra vs United Construction Co. case, an implied contract for an overdraft was acknowledged
  • In Clayton's Case, every debit and credit is seen as a separate loan and repayment respectively. However, banks treat all debts as a single debt to avoid complications
  • Banks can't unilaterally terminate an overdraft facility without notice, as seen in the Gujarat High Court vs Indian Overseas Bank case. It's an agreement based on mutual interests

Bill Finance

  • Directly finances receivables based on sales transactions
  • Typically conducted via discounting bills of exchange
  • Cash liquidates when the buyer pays the discounted bill, making it a self-liquidating facility
  • Bill finance reduces the need for cash credit facilities, as it focuses on receivables, not stocks

Types of Bill Finance

1. Bill Discounting:

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