Factor (agent)

A factor is a type of trader who receives and sells goods on commission, called factorage. A factor is a mercantile fiduciary transacting business that operates in their own name and does not disclose their principal. A factor differs from a commission merchant in that a factor takes possession of goods (or documents of title representing goods, such as a bill of lading) on consignment, but a commission merchant sells goods not in their possession on the basis of samples.^[1]

Most modern factor business is in the textile field, but factors are also used to a great extent in the shoe, furniture, hardware, and other industries. The number of trade areas in which factors operate have increased. In the United Kingdom, most factors fall within the definition of a mercantile agent under the Factors Act 1889 and therefore have the powers of such.^[2] A factor has a possessory lien over the consigned goods that covers any claims against the principal arising out of the factor's activity.^[3] A debt factor, whether a person or firm (factoring company), accepts as assignee book debts (accounts receivable) as security for short-term loans; this is known as factoring.

The term derives from the Latin for "doer, maker", from facit, "he/she/it does/makes". Historically, a factor had their seat at a sort of trading post known as a factory.

^ Christine Rossini, English as a Legal Language, 2nd ed. (London: Kluwer Law International, 1998), 103.
^ W.J. Stewart & Robert Burgess, Collins Dictionary of Law, 2nd ed., s.v. "factor" (Collins, 2001), 163.
^ Elizabeth A. Martin, ed., Oxford Dictionary of Law, 5th ed., s.v. "factor" (Oxford: Oxford UP, 2003), 196.

[1] Christine Rossini, English as a Legal Language, 2nd ed. (London: Kluwer Law International, 1998), 103.

[2] W.J. Stewart & Robert Burgess, Collins Dictionary of Law, 2nd ed., s.v. "factor" (Collins, 2001), 163.

[3] Elizabeth A. Martin, ed., Oxford Dictionary of Law, 5th ed., s.v. "factor" (Oxford: Oxford UP, 2003), 196.

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