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Bourse: Wall Street clôture en forte baisse, le Dow Jones a touché son plus bas niveau de l’année

La Loi sur les arrangements avec les créanciers des compagnies La Loi sur les arrangements avec les créanciers des compagnies (LACC) est une loi fédérale autorisant les entreprises insolvables qui doivent plus de cinq millions de dollars à leurs c

Business Barometer

The world has changed for most firms. This global slowdown has given us a new perspective and our world has gotten a lot smaller. On March 4, 2020, the Canadian Prime Minister announced the creation of a cabinet committee to address the Federal respo

Assessing Your Credit Risk

The world has changed for most firms. This global slowdown has given us a new perspective and our world has gotten a lot smaller. On March 4, 2020, the Canadian Prime Minister announced the creation of a cabinet committee to address the Federal respo

Waiting Too Long To Collect

My colleagues think that my role is the worst possible in the company. This is mostly because my job involves calling customers for money. But I have a secret for you: I like making those calls. Rest assured, I’m not an extortionist who likes to torm

Understanding Accounts Receivable Metrics: DSO, CPI, CEI

ay’s sales outstanding (DSO) is a commonly used metric to compare a company’s accounts receivable to prior periods and to industry norms. A company’s DSO is the average number of days it takes to collect cash from credit sales.

The Warning Signs That Preceded Carillion's Fall

Carillion’s 2016 accounts received a clean audit and contained a three-year viability statement from its directors. A reassuring AGM statement in early May was followed two months later by a warning of £845m in losses on construction contracts. Anoth

The Ultimate Skip List

Valerie McGilvrey is a US Professional Skip Tracer who has agreed to share this list with the members of the Credit Institute of Canada. Much of the information is US related, but can be adapted for Canada.

The Quickening Of Innovation In Asset Based Financing

Some would call it evolution: others, revolution. Semantic flourishes aside, financial technologies are increasingly in the foreground as drivers of product differentiation and proliferation in the asset-based financing industry.

The Interprovincial Enforcement Of Judgments

A Creditor and a Debtor enter into a financial agreement in Alberta. After several years, the Debtor moves to Manitoba, leaving behind only sparse assets, (not nearly enough to cover the costs owed) in Alberta. Following a slowdown of repayments, the

The 4C's Of Credit For Business

Credit people look carefully at trade accounts, especially in tough financial times, before they ship goods. What credit managers look for can be summarized in the following, termed the "4 C's of Credit":

Terms Used By CPA's

A CPA will competently assist an organization (whether it is a privately held business, a publicly owned corporation, or a nonprofit organization) with preparing reports on its financial performance. Such reports help owners and managers make operati

Supreme Court Rules Crown Doesn’T Have Rights To GST And QST

In a unanimous decision on October 30, 2009 relating to the Goods and Services Tax (“GST”) and the Quebec Sales Tax (“QST”), the Supreme Court of Canada rejected the most recent attempt of the Crown to secure its position by recovering the tax portio

Suing A Foreigner? Keep Control Of The Case With A Forum Selection Clause

In the world of cross-border litigation, I can tell you that prevention is worth much more than a pound of cure. Battles over where a case is to be litigated are common, and can be so protracted and costly that the parties never reach a determination

Some Recent Canadian Developments In Cross-Border Litigation

Here are some recent developments important to anyone engaged in cross-border civil litigation involving common-law Canada. One, the criteria for determining whether a court has jurisdiction over a non-resident defendant have been revised. Two, the c
Search-Sites-For-Bankruptcies-In-Canada-And-The- US

Search Sites For Bankruptcies In Canada And The US

In Canada, you can check on the Superintendent of Bankruptcy search site, or in the US, by looking for a filing on PACER, (Public Access Court Electronic Records.) You will have to establish an account on PACER, but the fees are minimal. You could al
Role Of The-Office-Of-The-Superintendent-Of-Bankruptcy-OSB

Role Of The Office Of The Superintendent Of Bankruptcy (OSB)

A summary of basic concepts follows below; however, if you require more detailed information, please consult the OSB website. (The information in this section comes from that site.)

Role Of The Credit And Collections Department In Business

Companies expect their credit department to be sales oriented. Put simply, this means the credit department should be looking for reasons to justify establishing open account terms and/or releasing orders pending, rather than looking for excuses to h

Risk Assessment

Risk assessment is a step in a risk management procedure. Risk assessment is the determination of quantitative or qualitative value of risk related to a concrete situation and a recognized threat (also called hazard). Quantitative risk assessment req

Return On Equity Financial Expression

fficient use of assets is important for the profitability and growth of any organization. One of the easiest ways to gauge whether a company is an asset creator or cash user is to look at the return on equity (ROE) ratio. ROE is a strong measure of h

Receivable Insurance Tips

It is critical that you understand your obligations under the credit insurance policy you have signed and that you are complying with them.
Predictive-Indicators-Learn-How-To-Read-The-Signs-And-Improve-Your- Bottom-Line

Predictive Indicators - Learn How To Read The Signs And Improve Your Bottom Line

Managing your company’s exposure to risk has become a challenging task. There is more pressure to speed up the credit review process and more responsibility resting on your shoulders to be accountable for your decisions and improve company profitabil

PPSA Registrations - Is This The Weakness In Your Armour?

As the saying goes, an ounce of prevention is worth a pound of cure. This expression is particularly apt when it comes to secured creditors and their registrations under the Ontario Personal Property Security Act (the "PPSA"). Although "getting it ri

PPSA & Legislative Q's

The intellectual property (e.g., trade-marks, copyright, patents) of a company or person is considered to be part of the “personal property” of such company or person. As a result, the taking of security in a company’s intellectual property is govern


The Personal Property Security Act ("PPSA") is the name given to each of the statutes passed by all common law provinces, as well as the territories, of Canada. They regulate the creation and registration of security interests in all personal propert
PetSmart-Taps- Advisers-To-Trim-8-Billion-Debt-Pile-Sources

PetSmart Taps Advisers To Trim $8 Billion Debt Pile: Sources

(Reuters) - PetSmart Inc, the largest U.S. pet retailer, has hired restructuring advisers to explore ways to trim its debt pile of more than $8 billion as it continues to face falling profits, according to people familiar with the matter.

Overview Of Proposed PIPEDA Amendments

On May 25, 2010, the Minister of Industry tabled amendments to the federal private sector privacy legislation, the Personal Information Protection and Electronic Documents Act (PIPEDA). PIPEDA was introduced in 2001 and has been applicable to many pr

Managing Risk In Uncertain Times

December 15, 2009: civil servants in Ireland rally in reaction to the Irish government's vote in favour of a reduction in public sector compensation by 5-15%. The Republic of Ireland is claimed to be facing the deepest financial crisis of any advance

Links To Debt Collection Laws And Statutes

These articles are intended to provide only general legal information, not legal advice; for advice specifically about a particular case, consult a lawyer.

Letters Of Credit

A letter of credit is a document that a financial institution or similar party issues to a seller of goods or services which provides that the issuer will pay the seller for goods or services the seller delivers to a third-party buyer. The seller the

Leasing And Rentals

Merchantile Credit Managers are well trained to deal with how to manage the credit and collections of the transactions of selling of a product or services from one business to another. However, the Leasing or Rentaling of a facility or a piece of eq

Larry’s Recipe For Success – Top 30 Ingredients

1. Instinct – Believe and rely on your instincts – they are usually right 2. Experience – Gain all you can 3. Be Competitive 4. Teamwork / Loyalty - Get pushed up the Ladder of Success; not pulled 5.

Is Client Service At Risk Of Being Displaced By Technology?

Nowadays, money transfer services have taken on an entirely new complexion in the financial markets. For starters, traditional banks and the international money transfer services they offer to clients are no longer cost-effective, or efficient. In th

International Financial Reporting Standards

Effective January 1, 2011, IFRS will replace current Canadian GAAP accounting standards for Canadian publicly accountable enterprises (PAE) and Government Business Enterprises. As of this date as well, private companies have the option of adopting IF

International Credit

Foreign trade differs from domestic trade with respect to the instruments and documents employed. Most domestic sales involve an open-account credit where the customer is billed and has so many days to pay. In international trade, the seller is sel

Info From Visa

What is expected of a credit manager when a customer claims that he was a victim of identity theft, and the debt is not his?

Identity Theft - Practical Tips For Credit Professionals

Every year, identity theft results in millions of dollars of reported losses for Canadians. This has serious implications for credit professionals when it comes to the collection, protection, usage and disposal of the information they gather on their


Hypothec Definition: - Is a charge on property upon which an unpaid creditor may enforce payment of the debt. It is the right of a creditor to take a borrower’s property if a debt or obligation isn’t repaid, but in the meantime, the property stays i

Free Fraud Detection Resources

One of the simplest ways to detect potential fraud is to confirm certain information provided on a credit application using easy, free resources on the Internet. As a commercial collection agency, we regularly get claims where this has not been done

Free Fraud Detection Resources

One of the simplest ways to detect potential fraud is to confirm certain information provided on a credit application using easy, free resources on the Internet. As a commercial collection agency, we regularly get claims where this has not been done

Fraudulent Financial Information

Often, the depth and breadth of a credit analysis is based on the risk associated with a potential or existing customer. For example, when the risk is considered low, a simple trade reference check might suffice whereas in cases where the stakes are

Floor Plans

Go to any large auto dealer and there are hundreds of cars on the lot. You may wonder how much the dealer had to spend to provide you with almost limitless choices. What you don't realize is that, like most new car dealers, a floor plan was used to t

Financial Statement Simple Analysis

In today’s environment the obtaining of Financial Statements from a customer is becoming virtually impossible. A good credit professional needs to sell his customer on the benefits of supplying at least a common size balance sheet and income stateme

Financial Ratios And Related Tools

This is the first in a series of two articles written to provide a quick reference on basic financial analysis tools. This first article will present a five-step approach to financial analysis and focus on liquidity ratios for credit analysis. The se

Factoring Agreement: Security Or Sale Of Assets?

Lenders and other members of the factoring community should be aware of the potential impact of a recent ruling on a priority fight over the accounts receivable of a bankrupt company. One of the issues that the court had to consider was the applicat


Webster’s dictionary defines ethics as: “ A set of moral principles or values”, and ethical as: “ Conforming to professional standards of conduct.” To help guide ethical behaviour in the credit department, it’s important to start with a written cre
ELECTRONIC-FUNDS-Transfers-And- Fraud

ELECTRONIC FUNDS Transfers And Fraud

Electronic Funds Transfers (“EFTs”) are widely accepted as a method for organizations to transfer funds on a timely basis to suppliers, employees and other organizations. However, EFTs can pose an internal control weakness for many organizations. Emp

Direct Payments And Construction Insolvency

‘Direct payments and construction insolvency’ Main contractor Carillion’s entry into liquidation has resulted in many employers seeking to establish relationships with subcontractors, under which they will be paid directly in order to stay on site

Differences In Risk Based On Type Of Business

In Canada there are three general forms of business ownership: a sole proprietorship, a partnership, and a corporation. Each of these forms of business ownership has advantages and disadvantages from an owner’s perspective and a creditor’s perspe

Demand Promissory Notes And The (New) Ontario Limitations Act

Hare v. Hare (218 O.A.C. 164), a December 2006 decision of the Ontario Court of Appeal, has important ramifications for the use of demand promissory notes in tax planning. Legal and tax planners should be aware that standard drafting language used in

Deception Of The Gift And Prepaid Credit Card

What do you do about those not so great gifts, those gifts you didn’t get and really wanted? If you’re lucky you can return the gifts you don’t want and purchase what you really want! Or you may have received gift cards to buy whatever you want but i

Debt Collection Rules

If you deal with consumers, you should be mindful of the debt collection laws in force in the jurisdictions where your customers are located. Adapted from the National Foundation for Credit Counseling (NFCC)press release of January 2009.

Do Not Miss The Warning Signs Of Insolvency!

What is the single reason most companies fail? The answer is simple: they run out of cash. When this happens, their only solution is to file for bankruptcy protection, but by then your chances of receiving your due payments are very slim. What I am a

Creditors, Suppliers And Security Breaches

Once upon a time, all the suppliers had to worry about what was the credit of their customers and the legal effectiveness of the security liens that they took on inventories. Now, debtors and creditors alike, for that matter, live under the constant

Credit Scoring

Credit scoring is a method of evaluating the credit risk of customers. By using historical data and statistical techniques, credit scoring tries to isolate the effects of various applicant characteristics on delinquencies and defaults. The method pro

Credit Risk Management

Risk Definition Credit risk is defined as the likelihood of loss resulting from a customer’s failure to pay for the goods delivered Credit risk is mitigated through the combined process of: - Internal credit risk assessment -

Credit Rules (Axioms)

SHORT-TERM CREDIT SUPPLIERS ARE PAID BY ASSET CONVERSION--INVENTORY TO CASH. If short-term credit suppliers are paid by asset conversions, then the primary interest should be centered on the balance sheet and their focus of attention should be li

Credit Policy

Some factors to consider when setting up a credit policy: Internal factors: own company’s financial strength, stage of development of the business, strength of credit department, sales objectives, risk appetite, risk spread of your credit portfoli

Cross Border And International Collections

You've serviced your client, you've invoiced the job, and you've not been paid. What can you do? You don't want to damage the relationship and jeopardize future orders. You are uncomfortable making collection phone calls You are emotionally atta

Credit Application Terms

Creditor shall have the right, at any time, for credit reasons (for example, should Applicant's account be past due or should Creditor have a good faith belief that prospect of payment is impaired) to withhold shipments in whole or in part, to recall
Credit And Collections-Department-Should-Be-Generating-Revenue

Credit And Collections Department Should Be Generating Revenue

Next time you are spending quality time with a client, at a board meeting, or getting an update from the CFO you may want to inquire about practices of their company’s credit and collections department. The credit and collections department is consta

Credit And Collections As A Revenue Generator

Next time you are spending quality time with a client, at a board meeting, or getting an update from the CFO you may want to inquire about practices of their company’s credit and collections department. The credit and collections department is consta

CRA Trust Overrides Contractual Right To Set Off

In a recent decision involving the Canada Revenue Agency (CRA), and the Caisse populaire du bon Conseil (Caisse), the Supreme Court of Canada, (SCC) considered whether a lender’s contractual rights in respect of its customer’s term deposit account co

Court Declines To Approve Sale Of Assets As Part Of Proposal Proceedings

In the decision of Justice Cumming In the Matter of the Proposal of Hypnotic Clubs Inc. (“Hypnotic” or the “Debtor”) the court dismissed a motion by the Debtor for a sale of its assets pursuant to s.65.13 of the Bankruptcy and Insolvency Act (“BIA”).

Collection And Dispute Management

The objectives of the Collection team are to: Facilitate a seamless processing of Sales orders within a specific risk guideline defined by the Credit and Collection department Liaise with the Sales department and the credit department to ant

Common Forms Of Financial Statement Fraud

In the summer edition of To Your Credit, we published an article on the work of Professor Messod D. Beneish from the Kelley School of Business, Indiana University on the subject of earnings manipulation. In the sample of 74 companies that Pr. Beneis

Collection Agencies

Businesses may engage collection agencies to assist them in the collection of debts from both consumers and businesses. In Canada, agencies must be licensed in a province to operate there. The provincial governments have developed regulations that

Collecting From Your Large Customers: Is It 'Collections' Or 'Corrections'?

A few years ago I was at a major railroad company for imparting training sessions on the topic of Collection Skills and Receivable Management. On the first day of training a, I realized that the collections staff was made up of people who had a signi

Cedar Creek Deal, Other Costs Push BlueLinx Into The Red

Fresh off of its acquisition of Cedar Creek, BlueLinx reported today a first-quarter net loss of $13.4 million, swinging from a $600,000 profit in the year-earlier period. Sales rose 2.1% to $437.5 million. Gross profit totaled $55.3 million, a 1.6%

CCAA Proceedings Now At Your Fingertips

Trustees, creditors, academics, policy makers and government officials have a new source of insolvency information available to them thanks to recent changes to the Companies’ Creditors Arrangement Act (CCAA). One result of the changes, which came in

Calculation Of The Collection Effectiveness Index’s

The formula to calculate Day Sales Outstanding is: (Total Receivables/Total Credit Sales) x Number of Days in the measurement period = Day Sales Outstanding

Black Holes And Old Invoices

Credit management is an integral and highly visible part of the cash-to-cash business cycle, in which cash invested by shareholders is used to produce and deliver goods and services that are sold for even more cash. As the last step in closing the ca

BMC's 3Q Net Doubles; Lumber Price Hikes Help Sales Grow 7.3%

BMC Stock Holdings, corporate parent of the nation's second-biggest full-service lumberyard, reported today its net income doubled to $18.4 million in the third-quarter from a year-earlier $9.2 million on a 7.3% increase in net sales to $881 million.

Cash Flow Myths

It's just too easy to mislead the average investor in Canada. Financial reports can be arcane and confusing even for professionals. Adding to the problem are regulators who don't care to clean up pervasive scams, much less make financial statements m

Black Holes And Heroes

At times, the only force holding an organization together and preventing it from falling into the abyss comes from unsung heroes within its ranks. Read this article by Ron Lutka, CMA to find out more about the unsung heroes. There might even be paral

BIA Compared To The CCAA

La Loi sur les arrangements avec les créanciers des compagnies La Loi sur les arrangements avec les créanciers des compagnies (LACC) est une loi fédérale autorisant les entreprises insolvables qui doivent plus de cinq millions de dollars à leurs c

Bankruptcy Fraud Warning Signs - A Checklist

A list to help identify the signs of bankruptcy fraud.

Already Pinched, Many Canadians Anxious About Higher Rates

Nearly half of Canadians are now concerned about repaying their debts, while four in 10 say that further rate increases may leave them "in financial trouble," according to a poll released Monday morning by insolvency firm MNP Ltd.

All About Choice

Experience has told us that when the economy turns bad, it’s time to expect more accounting shenanigans from public companies. This can happen in three ways.

Acceleration Clauses In The Event Of Default – Are They Enforceable?

All leases have an acceleration clause when there is a default, however there is not a consistent approach as to what the damages will be. Some leases require the defaulted lessee to pay the balance of payments due without discount while others utili

Credit's Untouchable Code

There is one principle of credit management which is inviolable. In fact it’s as close to being sacrosanct as Canada’s right of sovereignty over the Northwest Passage. To break with this code would be to dismantle the basic principles of credit manag

Do You Have A Credit Policy For Your Organization?

To get a credit card, a mortgage or a car loan, what’s the first thing you have to do? That’s right, you need to apply: you fill out a form, give a lender enough information to make an informed decision and, with any luck, the lender approves your re

PIPEDA And Collections

Often, collection activity requires interacting with personal information about a consumer, in order to research, contact or collect from that consumer. Whether you are in an internal receivables department, third party collection agency, or you are

How To Better Know Your Customers

As a credit manager, a critical part of your role is to identify who you can trust and to what extent you find their claims realistic. This is translated into knowing your customers well and defining whether they can pay you as agreed. Naturally, you

Understanding Accounts Receivable Metrics: DSO, CPI, CEI

A low DSO means that it takes a company fewer days to collect credit sales. A high DSO shows that a company is selling its product or services to customers on credit and taking longer to collect related payments.

Warning Signs

Do not rely on the telephone numbers given in the credit application, check out the company’s telephone contact details from legitimate sources and confirm the orders and applications. We've listed some of the warning signs of fraud below. The most i

What Is A Proposal?

Under the Bankruptcy and Insolvency Act, a Trustee or an Administrator of Proposals files a Proposal or an arrangement between you and your creditors to have you pay off only a portion of your debts, extend the time you have to pay off the debt, or p

What To Do When A Customer Files For Bankruptcy

Find out exactly what the situation is. Most people when they think of bankruptcy only think of the final stage, where the customer is no longer in business. In reality there are a few different types and various levels of severity. Just because some

What’s The Link Between Communication And Credit Management?

Ultimately, having a credit policy only works if people know about it; what it covers and what the rules are. Put another way, why have a policy if staff members don’t know what is, or what it means? After all, it’s not a secret. So, the next step af

Who Is Committing Fraud In Canada?

A 2009 survey conducted by KPMG called: Profile of a Canadian Fraudster, revealed some interesting demographics on who commits fraud in Canada.

Construction Credit

Construction credit is a unique and specialized form of mercantile credit. Although the field follows many of the same principles, practices and procedures as mercantile credit, there are a number of factors that make the practice unique. In order to

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