Question

Health Provider (the “company”) offers health-care-related services. To reduce administrative obligations and to allow for additional financing options for its patients, the company enters into a health services financing agreement (the “agreement”) with an unrelated third-party financial institution (the “bank”).

Under the agreement, the company’s patients have the option of requesting that the company transfer its receivables to the bank. Once such a request is made, the following would occur:

• The company would transfer the patient’s receivables to the bank.

• The bank would pay the company the balance of the receivables in cash.

• Because the bank would now hold the receivables from the patient, the patient and bank would enter into a low-interest loan agreement to stipulate the repayment terms.

The agreement between the company and the bank contains the following additional provisions:

• Repurchase obligation: the company is required to repurchase the transferred receivables from the bank upon the occurrence of any of the following:

·         oThere are accounts for which any payment obligation is 60 or more days past due.

·         There are accounts for which the customer disputes liability for any portion of the account.

·         The agreement is terminated.

The company is also permitted to repurchase transferred receivables upon notifying the bank that it desires to do so.

• Termination payment obligation: upon the termination of the agreement, the company is required to repurchase all transferred receivables held by the bank, unless otherwise agreed to in writing. Either party may terminate the agreement as long as 30 days’ notice is given.

• Although it has not yet happened, company management believes that it will receive a “true sale” opinion from its legal counsel regarding the transferred receivables.

• The agreements do not prohibit the bank from transferring the receivables to another party either as collateral for a borrowing or in an outright sale.

Required:

1)True or false, explain your answer referring to the case.

- The transferred assets have been isolated from the transferor, even in bankruptcy.

-The transferee is free to pledge or exchange the assets.

-The transferor doesn't maintain effective control over the transferred assets either through an agreement that allows and requires the transferor to repurchase the assets or one that requires the transferor to return specific assets.

2) Explain how should the company account for transferred receivables.

Answer 1

The above case is true as according with Health Provider(company), under the given situation the transferred assests have been isolated from the transferor even in bankruptcy because the transferor has no effective control over the assests , the main reason being the assets are a pledge or a collateral security being surrendered inorder to obtain loan.

The transferee is free to pledge or exchange the assests as in the in the case may be, because the transferee holds an agreement that is valid legally to prove that he can pledge or exchange the assets. Secondly , the right of free of conditions and this can give way to any benfecial interests of the transferee.

The transferor does not maintain effective control:Reasons as follows 1. They are bound with an etitled agreement which states to repurchase or reedem the assets before their maturity (2) an agreement that entitles the transferor to repurchase or redeem transferred assets that are not readily obtainable.

2. There is a condition that proves Repurchase obligation wgere the repurchases the transferred receivables from the bank under any one situation ie. If there are accounts that shows transperancy of any payment is due for more than 60 days or more and an obligation to pay. Although it has not yet happened, company management believes that it will receive a “true sale” opinion from its legal counsel regarding the transferred receivables