0 HIRE PURCHASE
1.1. OVERVIEW
Starting any business involves a lot of financial planning for acquisition of fixed
assets like land, plant, vehicles, machinery and many others. Most entrepreneurs are
scared of lack of capital amount due to big amount of capital needed when a person
started to create business. When large capital is involved in the business, an
entrepreneur wishes to spread his cost of acquisition of fixed assets over a longer
period. Longer period would reduce per year commitment towards the cost of assets.
The intention is to match the commitment with the revenue generated per year so that
the payments are easily manageable without any cash flow mismatch.
This problems also faced by individuals who wishes wanted to buy a house or a car
for their personal use. An individual may have a large commitment towards their
family. They have to buy house where they need to stay, a vehicle for their
transportation to go anywhere they have to go, and many other familys needs they
have to consider. All of this needs a large amount of money in which most peoples
cannot afford to settle them in a blink of eyes. Thus, they have to plan the best way to
manage their financial in order to make their life better.
One of the best ways to help financing goods is hire purchase. The core business of
Hire Purchase is to provide financing for customer to buy private vehicles, private
home appliances, business equipment and office machinery. Most of banks in
Malaysia provide HP financing. HP financing involved the participations between
three parties which are financier, dealer and customers.
1.2. DEFINITION OF HIRE PURCHASE
HP is a legal term for a contract or an agreement, where the agreement includes a
letting of goods with an option to purchase and an agreement for the purchase of the
goods by instalments.
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i) Deposit amount (e.g : 10% of the actual price of the car is the amount of deposit
that the hirer has to pay to the car dealer)
j) A reasonably comprehensive statement of the parties right (sometimes including
the right to cancel the agreement during cooling-off period).
k) The right of the hirer to terminate the contract when he has a valid response to do
so.
l) A guarantor may be needed (based on the hirer credit assessment, the bank may
require a guarantor as an additional security to support the hirers application.
When the hirer is unable to pay the monthly payment, the guarantor will
responsible to make the payment including the interest).
m) Insurance coverage throughout the duration of the hire purchase agreement.
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ii.
Statutory rebate is the term used when you pay off a credit agreement
before it is due to end. It entitles you to a proportionate rebate on the
interest payable on the agreement. The law provides that borrowers can
settle most agreements early, provided certain conditions are met.
It is impossible for the hirer of a hire purchase loan to check the amount of
statutory rebate he is entitled to because the calculation formula is not
mentioned in the hire purchase agreement. Also, the description of the formula
in the Hire Purchase Act 1967 is almost incomprehensible to the common
man.
The hirer is entitled to a statutory rebate for terms charges and unexpired
insurance. The statutory rebate for terms charges is calculated using a formula
derived from section 2(1) of the Act. Simplified, the formula is as below:
(N) (N+1)
I X
(T) (T+1)
Where:
I = amount of interest charged
N = number of instalments still to go
T = total number of instalments in the agreement
Let say, Encik Abu bought a car.
Car purchase price : RM100,000
Deposit
: RM10,000
Loan Amount
: RM90,000
Interest
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iii.
2 NF ( 300 C+ NF )
2 N 2 F +300C ( N +1)
Where:
N = number of instalments
C = number of instalments that are under the contract which will be paid in
one year or, where the contract to be completed in less than one year, the
number of instalments that would be paid in a year if instalments continued to
be paid at the same interval.
F = the amount determined in accordance with the formula:
100 C T
N A
T = Total amount of predetermined term charges
A = amount financed
For example, take a look at Encik Ali case.
F= (100(12) x 140) / 12 x 1000 = 14
Thus, the annual percentage rate is:
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APR =
= 336(3768)/(4032+46800)
= 1,266,048/50,832
= 24.9065%
1.8 ISLAMIC CONCEPT
a) Al-Ijarah Thumma Al-bai
Under the Al-Ijarah contract, the hirer (customer) hires the goods from the owner
(the bank) at an agreed rental over a specified period. Within the hiring period, the
hirer signs the leasing contract for the goods from the owner at an agreed price.
During the period of the agreement, the bank owns the vehicle.
Upon settlement of the hire rentals, the Sales Contract will be executed, thus
transferring the ownership of the vehicle from the bank to the hirer.
However, in the event of the customer failing to perform his obligation to service
the hire rental or performs otherwise from the terms and conditions stated in the
agreement, the bank has the right to exercise reasonable actions to mitigate its
losses.
1.9 ADVANTAGES AND DISADVANTAGES OF HIRE PURCHASE
a) Advantages
i. Convenience in payment
The buyer is greatly benefited as he has to make the payment in
instalments. This system is greatly advantageous to the people having
ii.
iii.
iv.
limited income.
Increased Volume Of Sales
This system attracts more customers as the payment is to be made in easy
instalments. This leads to increased volume of sales.
Increased Profits
Large volume of sales ensures increased profits to the seller.
Encourages Savings
It encourages thrift among the buyers who are forced to save some portion
of their income for the payment of the instalments. This inculcates the
habit to save among the people.
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v.
vi.
vii.
back.
b) Disadvantages
i. Higher Price
A buyer has to pay higher price for the article purchased which includes
ii.
iii.
iv.
v.
Break Up Of Families
The system puts a great financial burden on the families which cannot
afford to buy costly and luxurious items. Recent studies in western
countries have revealed that thousands of happy homes and families have
been broken by hire purchase buyings.
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distributed with a resale value, by companies offering a sales aid package that helps
to sell their products.
Services are normally excluded in this type of funding due to the contingency risk of
non-performance over a period of time.
The monthly or quarterly repayments from the customers effectively provides the loan
instalments to the lender, repaid over a shorter time than stated on the original
agreements.
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are predetermined.
Attractive and competitive interest rates according to type of goods financed.
Flexible drawdown and utilisation up to approved limit.
No commitment or renewal fees on unutilised portion from approved limit.
Easy payment options at over 400 Maybank branches nationwide, or online via
Maybank2u.com
Motor vehicles
Motorcycles
Consumer durables
Leased equipment
Machinery
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a) Eligibility
b) Interest Rate
several years
: Attractive and competitive interest rates that
Required documents
Please bring along the following when applying for financing:
I.
M&A of your company
II.
Certified true copy of Certificate of Incorporation (Form 9)
III.
Certified true copy of Form 24 (from date of incorporation) &
latest Form 49
IV. Company's profile
V. Latest 3 years' audited accounts / financial statement
VI.
Latest 6 months' bank statements
VII.
Latest 6 months' sales and disbursement / amount financed
VIII.
Latest 6 months' collection
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3.0. LEASING
3.1. DEFINATION
Leasing is a written or implied contract by which an owner (the lessor) of a specific
asset (such as a parcel of land, building, equipment, or machinery) grants a second
party (the lessee) the right to its exclusive possession and use for a specific period and
under specified conditions, in return for specified periodic rental or lease payments. In
simple word, the transaction of lease is generically an asset-renting transaction or on
other words the financier buys the asset and rents it out and makes series of payment
to the lessor for the use of asset.
3.2. TYPE OF LEASING
a) CAPITAL/FINANCIAL LEASE
Financial or capital is a non-cancellable contractual agreement made between a
lessor and a lessee. Financial lease allow the asset to be virtually exhausted by the
same lessee. Which means that, lessee fully utilizes the asset until the end of
assets life span. The lessor also takes no asset-based risks or asset-based rewards.
He only takes financial risk and financial rewards and that why the name is
financial lease. The lessor need not be liable when the equipment breaks down
unless the equipment supplied was defective
Financial lease also known as full pay out lease, means the full repayment of the
lessors investment is assured. Generally, lessor would not take any position other
than that of a financier, he/she would not provide any services relating to the asset.
The risks that lessor takes is not an asset-based risks but a lessee-based risks.
Example of a financier lease is big industrial equipment.
b) OPERATION LEASE
Operating lease is a cancellable contractual agreement made between a lessor and
a lessee, which means can usually be cancelled under conditions spelled out in the
agreement. Basically computer equipment, automobile, trucks, and office copiers
is often leased under operating lease.
Under Operating lease, the lessor does not wholly recover the cost of equipment
out of the rental receivable under lease during non-cancellable period. To recover
the investment cost and make a profit, the lessor depends on continuing demand
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for the rental of the assets. The lessee normally pays all lease rental upfront and in
advance for very short lease period such as renting a car for 7 days. For longer
lease periods, such as for 6 month lease period for a tower crane. The lessee
assures the lessor that the asset will be returned in a lease-able condition. If the
asset is damaged, then the lessee is responsible for bearing the cost of repairs.
For operating lease, normally it is associated to non-full pay out leasing, the lessor
does not recoup the initial capital investment of the equipment during the primary
period. The period of lease is always less than the useful working life of the
equipment. Part of the lessor investment and income is derived from the residual
value of the equipment leased.
c) OTHER TYPE OF LEASE
i. Direct Lease
ii. Leveraged Lease
iii.
First Amendment Lease
iv. Sale and Leaseback
3.3.
PARTIES INVOLVE IN LEASING
a) Lessor - Person who owns the asset and give on lease.
b) Lessee Person who takes the asset on lease and uses it for the period of lease.
c) Supplier Supplier is a third party who provides equipment needed for acquiring
the asset for a lease.
3.4.
Furniture
Labelling Machines
c) Agricultural, Forestry, Fishing equipment
Harvesting and Planting
Hay and Cotton Bailers
Tractors
Dairy Machinery
Food Processing
Livestock Equipment
d) Telecommunication equipment
Multiplexers
Switches
Telephone systems
Transformers
e) Construction and heavy equipment
Bulldozers
Cement trucks
Compactors
Concrete equipment
Cranes
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3.5.
3.6.
i.
BENEFIT LEASING
100% FINANCING
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Many business leases come with 100 percent financing terms, which
means no money changes hands at the inception of the lease. Well, its not
totally cash-free, because the lessee has to make the lease payments each
month. But many times the assumption is that the company will be making
the payments from future cash flows. In other words, from enhanced
revenues that the company earns because of the lease.
ii.
FIXED PAYMENT
Leasing provide fixed periodic payments equipment acquisitions. Payment
are usually made on a monthly basis but can be structured as quarterly,
semi-annual or annual. A fixed payment amount enhances your ability to
forecast cash flow requirements.
iii.
CASH FLOW
Leases are attractive to many asset buyers because they can get more asset
such as car for a lower monthly payment. How is that possible? Lessees
only pay for the depreciation on the car, not the entire vehicle. In effect,
they're
renting
the
car
for
the
length
of
the
lease.
Leasing can reduce your initial cash outlay. This allows for a more
intelligent use of cash rather than putting it toward the questionable
investment of car ownership since cars are depreciation asset.
There are other financial advantages in leasing. If you use your car for
your job, leasing payments can be written off as a business expense on
your tax returns. Additionally, lease obligations don't show up as debt on a
credit report, which may be important to companies that buy multiple cars
for business use.
iv.
LOWER PAYMENTS
The biggest advantage of leasing equipment is that the cost is spread over
a number of years, there is no need for you to pay the entire amount
upfront. This can significantly help maintain cash flow, which is critical to
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all businesses. Poor cash flow is the main cause of small business failures,
and leasing can help you to keep it under better control.
Leasing can also allow you to use better equipment (e.g. A more efficient /
faster / more accurate product) that would be too expensive to buy
outright.
v.
3.7.
DISADVANTAGES LEASING
i. NO OWNERSHIP
The main disadvantage of leasing is that you never own the product. It
remains the property of the leasing company during and after the lease.
The only exception being if you arrange for it to be sold to another
company or person, in which case the leasing company would receive the
money and a percentage would be passed back to you (depending on the
amount, product type, age, and which leasing company you use).
As you do not own the product, you are unable to sell it in the event it is
no longer needed, and you cannot upgrade to a newer or better product
without either paying off the remaining contract, or paying a large fee to
cancel the contract. You also need to carry on paying a smaller lease cost,
ii.
even after the cost of the equipment has been fully covered.
LONG TERM EXPENSES
Although leasing allows you to avoid paying a large lump sum, over a long
period of time it often works out considerably more expensive. Over the
course of a standard lease, you pay the cost of the equipment as well as the
leasing companies charges.
After the lease finishes you need to carry on paying rental to use the
product (although after the initial lease the cost of rental goes down
significantly). This means that over a number of years, you will pay
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considerably more than the actual cost of the equipment without ever
actually owning it.
iii.
COST OF MAINTENANCE
Although you do not own the equipment that you lease, you are still
responsible for its maintenance and repair. Unless you have specifically
trained employees to fix the equipment, then this could prove very costly
in the event of a serious fault.
Some leasing companies will allow you to cover the maintenance and
repair costs for an extra sum (which is added to the monthly leasing cost).
This will increase your monthly payments, but may save you money in the
long run; particularly with manual or highly technical products that may
go wrong frequently, and may cause severe disruption if out of action.
Cover is normally through the leasing company itself, or through a
separate insurance policy.
iv.
COMMITMENT TO PROPERTY
Once you sign a lease agreement, you're generally committed to making
payments for the entire lease period even if you stop using the property.
Most equipment leases are either non-cancellable or impose a stiff penalty
for early termination.
3.8.
CONCLUSION
In conclusion, leasing only tangible asset can be leased out. Transaction in which
a party owning an asset provides the assets for use over a certain period of time to
another party.
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4.0
4.1.
FACTORING
DEFINITION OF FACTORING
Factoring is selling accounts receivables or debtors accounts (in terms of
invoices) to a factor (factoring company) in order to finance continued
business. Factoring is sale of receivables invoices at a discount, but at the
same time it is a borrowing where the receivable is used as collateral.
Factoring differs from a loan because it involves selling of accounts receivable
and a factoring transaction it will involves three parties (factor, factors
customer/seller of accounts receivable and sellers client or the accounts
receivable).
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4.2.
CHARACTERISTICS OF FACTORING
The outright purchase of the account receivable by the factor (bank), once
invoices have been factored, the value of the receivables are transferred as cash.
Unlike in bank loans, cash does increase but your liabilities go up as well.
Risk of non-payment is assumed by the factor. The period often lasts from ninety
(90) to one hundred and fifty (150) days and in other instances more than that
depending on the factoring firm. Customers buyers are notified of the factoring
arrangement and are told to make payment direct to the factor. Business factoring
leverages not on financial standing but on customers. The reason for such is
because the factor will not collect from company but on your customers. The
burden of payment lies in them so you are freed of any liability whatsoever.
4.3.
FACTORING PROCESS
1. The factors customer or the one who sells the accounts receivable or
debtor at a discount.
2. The accounts receivable or debtor is a financial asset or current asset
associated with the debtors liability to pay money owed to the seller. The
seller of the accounts receivable or debtor will surrender the seller. The
seller of the accounts receivable or debtor will surrender the receivable
invoices to the factor.
3. The factor in return will give an amount of money to the seller. The sale of
the accounts receivable or debtor will result in transfer of ownership of the
accounts receivable or debtor to the factor, indicating the factor obtains all
rights and risks associated with the accounts receivable. Accordingly, the
factor obtains the right to receive the payments made by the accounts
receivable or debtor for the invoice amount and must bear the loss if the
accounts receivable or debtor does not pay the invoice amount.
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4.4.
TYPE OF FACTORING
i) Standard factoring
Standard factoring means buyers are notified to pay directly to the factor.
The factor makes cash advances to the client within 24 hours of receiving
the documents. Factors then wait to collect payment from the customer,
deducting a fee and interest payment before returning the balance of the
collected amount to the business that issued and sold the invoice.
1. Maturity factoring
The factor provides the customer with a credit guarantee for his buyers.
The factor may agree to pay an amount to the client for the bills
purchased by him either immediately or on maturity. The later refers to
a date agreed upon on which the factor pays the client.
2. Maturing with assignment of equity
The factor will provide the bank with a guarantee for making the
advance to the customer. In bank participation factoring the bank takes
a floating charge on the clients equity example, the amount payable by
the factor to the client in .respect of his receivables. On this basis, the
bank lends to the client and enables him to have double financing.
3. Important factoring
The factor provides account receivable book keeping and collection
services. For the important of good on the basis trust receipt. For
businesses, factoring provides a solution to managing cash flow. Cash
flow is that rate at which money flows into and out of the firm. Waiting
months for a customer to make payment reduces cash flow.
4.4.
FACTORING TRANSACTION
Factoring transaction includes the amount of:
a) The advance, a percentage of the invoice face value that is paid to the seller
upon submission (which is around 80% of the invoice value)
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b) The reserve, the remainder of the total invoice amount held until the
payment by the account debtor is made,
c) The interest, to be chargers on the amount of advance given to the sellers.
The interest is based on how long the factor must wait to receive payments
from the debtor.
4.5.
relationship but factoring is such commonly use form of financing that are
professionally delivered factoring service rarely draws much notice from
customers. It is important to thoroughly understand the terms of factoring
agreements to know if costs or delay in payments may result from the
notification process.
4.6. EXAMPLE CALCULATION ON FACTORING
i. Value of invoice rm100,000
ii.
Credit period- net60
iii.
Factors reserve- 10%
iv.
Factoring fee- 1%
v. Interest rate- 1%
Amount of invoice
Less: factoring fee =0.1xrm100, 000
Less: factors reserve= 10%xrm100, 000
Amount of advance
Less: interest on advance= 1%x2monthxrm89,
000
Maximum advance
RM1, 000 + RM1, 780 = RM2, 780
RM100, 000
RM1, 000
RM10, 000
RM89, 000
RM1, 780
RM87, 220
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The amount that is obtained with a bridging loan is deemed a short-term loan till your
already existing residential property is lastly sold, the loan provider expects the
bridging loan to be paid back with the sale profits, and anticipates this to be in 6
months to 12 months. Throughout this time period you might not need to make any
sort of payment towards the loan, as lending institutions typically are happy to include
all the interest that you build up throughout this time period to the amount which you
have actually borrowed, you then pay back the interest and the initial balance in a
single payment when your residential property has been sold.
In general definition from loan developer in other country such as United Kingdom
(UK), bridging loans are a short-term funding option. They are used to bridge a gap
between a debts coming and overall explain on property transactions. It can simply
act as a short-term loan in pressing circumstances.
designed to help people complete the purchase of a property before selling their
existing home by offering them short-term access to money at a high-rate of interest.
The person who makes the loan, they will face up the cost interest which is up to
1.5% a month, meaning 18% a year. Bridging loan is a Short-term, usually one (1) to
three (3) months. It is generally used to complete a purchase, such as to buy a new
house before the borrowers receives payment from a sale of the old house. It is also
called bridge finance, bridging loan, or gap financing.
It is actually according to the bank or the loan provider which services that their
company provide under bridging loan. It means some of the bank or loan provider
only gives this loan only for building and construction but some of development the
bridging loan includes housing, building and construction of commercial and
industrial building or project.
In Banking Operation syllabus, bridging loan defined as a short-term loan given to a
housing developer in order to bridge the gap between immediate cash required from
housing developer because that person what to start the housing project and
anticipated cash to be received in the future which means that the funds to be received
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development.
The bank will assess the financial standing and capacity of the developer before
granting such loan. The bank officer needs to conduct a comprehensive study on the
feasibility and viability of the housing project.
The loan is normally disbursed periodically according to the stages of housing
development. This type of loan is normally given by a bank to the same housing
developer and at the same time the bank will provide a long-term loan to the
individual house buyer. The proceeds received from the buyer will be used to settle
the loan.
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With a closed bridging loan there is a fixed repayment date, you will typically be
provided this type of financing if you have already exchanged contracts however are
waiting for a property sale to finish.
With an open bridging loan there is no fixed repayment date, but you generally will
be expected to pay the loan off within 1 year. Whichever type of bridging loan you
decide to get, the loan provider will certainly wish to see proof of a strategy of
payment, like getting a mortgage or using equity from an asset sale. Also they will
wish to see proof of the brand-new asset that you are buying and how much which
you prepare to pay for it, and also evidence of exactly what you are undertaking to be
able to sell your present property if relevant. Also you need to have come up with a
backup strategy in case your strategy for payment fails, for instance, if sale falls
through for any reason.
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In an open bridged loan the existing asset might not have started specific preparations
for it to be advertised in the marketplace just yet, however the purchaser might be
showing interest in an asset, so for that reason the bridge is open. From a loan
providers point this could be viewed as a greater risk as there is a possibility the sale
could possibly fall through. The bridging loan rates would certainly be affected from
the BOE Base Rate, and are base plus 1 percent each month, and a regular term is
between 30 days to 12 months with an option of expansion. Below are regular
bridging loan rates:
No exit fee.
No minimum return.
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a)
b)
c)
d) Business, your company could need an injection of temporary money or
upgrading of business properties.
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5.7.
It has several ways in how to apply this loan. It also has a several requirements
that you as a borrower need to follow if the borrower wants their application
approve by the bank or loan provider. The most important is, the requirements for
the loan are followed by the rules that each bank or loan provider had stated.
One of example is Maybank Malaysia.
First, analayze that are you a private limited company
registered with relevant regulatory authorities and with the
Construction Industry Development Board (CIDB)?
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This is the example of form that Alliance Bank provides. It is the one of the bank are use the
online form
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5.8.
Conclusion
Bridging loans are becoming increasingly recognized as useful and valuable by
individuals and businesses looking for quick, short term funding solutions. Fast and
flexible, it provides people with the finances that they need in order to remedy a
cash flow issue or take advantage of an opportunity, which they otherwise may have
not been able to secure.
For anyone looking into obtaining a bridging loan, it is important to take the time to
find a reputable lender with the following accreditations:
a) A Member of the Council of Mortgage Lenders
b) Authorized and regulated by the Financial Conduct Authority
c) Proven track record
d) Experienced in working on projects similar to yours
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REFERENCES
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2.
3.
4.
5.
rchase.php
www.rhb.com.my/loans/hire-purchase/hp_hire_main.html
http://www.ask.com/business-finance/types-hire-purchases-a183ac0c3f79e5d0#
http://www.akpk.org.my/learning/articles-and-tips/id/223/hire-purchase-loan
http://www.tradingstandards.gov.uk/cgi-bin/brighton-hove/con1item.cgi?
file=*adv0030-1011.txt
6. http://www.calculator.com.my/car-loan#.VSibhvmUdCo
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%20rate&dqi=&o=4609&l=sem&qsrc=999&askid=199d47ef-9829-49d8-9031e1e7286076f9-0-ab_msp
8. http://www.efinancemanagement.com/sources-of-finance/difference-between-leasefinancing-vs-hire-purchase
9. http://www.yourarticlelibrary.com/stores/hire-purchase-system-its-advantages-anddisadvantages/25917/
10. http://www.entrepreneur.com
11. http://www.plccf.com.my
12. http://www.orix.com.my
13. http://www.leasetips.com
14. www.ibbm.org.my
15. http://www.usafactoring.com/factoring.html
16. http://www.federalnational.com/blog/postid/87/advantages-and-disadvantages-offactoring.aspx
17.
http://biztaxlaw.about.com/od/glossaryf/g/factoring.htm
18.
http://morrisonfinancial.com/articles/factoring/
19. http://www.entrepreneur.com/encyclopedia/factoring
20. http://www.teamtechnology.co.uk/what-is-factoring.html
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