Business Definition for: nonrecourse
nonrecourse
term referring to the absence of any legal claim against a seller or prior endorser. The seller (or the endorser of a check or other
negotiable instrument
) is not liable or otherwise responsible for payment to the holder. The absence of recourse is a key element in determining whether a sale of assets is actually a sale for tax and accounting purposes and a transfer of ownership from seller to buyer.
See also
asset sales
,
endorsement
nonrecourse
no personal
liability
. Lenders may take the property pledged as
collateral
to satisfy a
debt
, but have no
recourse
to other
assets
of the borrower.
Example: purchases a property with a nonrecourse loan. Should Downing
default
, the lender may
foreclose
and acquire the property but is barred from seeking a
judgment
against other properties held by Downing.
Related Terms:
nonrecourse sale of bank receivables to a third party, either through the sale of whole loans or whole pools of loans, or securitization, that is, issuing securities collateralized by the receivables of bank credits (residential mortgages, auto loans, leases, credit card receivables). Accounting treatment of asset sales is complicated, and determines whether a transaction is a sale of assets. In general terms, the test of an asset sale is whether the seller gives the buyer control over the assets transferred, and also any residual interest, without recourse to the seller. Transfers with recourse-allowing the buyer to resell a portion of the assets back to the seller-are treated by Financial Accounting Standards Board Rule 77 as a financing rather than a sale of assets.
If the agreement requires the seller to take back any bad loans, it is not considered for accounting purposes a true sale of assets and the seller cannot deduct the value of loans sold from its loan portfolio.
signature on a draft or check by a payee before transfer to a third party. A payee provides such an endorsement when transferring this draft to the payee's bank. Checks can be endorsed in three different ways. In a blank endorsement, once signed, it becomes a negotiable instrument and can be used as such by anyone. A restrictive endorsementlimits the use of the check to a single purpose. "For deposit only" is written on a check when it is deposited by mail. If the check is lost in the mail and subsequently found, it cannot be cashed. A special endorsementis used to pay someone else. All that is required is to indicate the payee and sign.
Copyright c 2006, 2000, 1997, 1993, 1990 by Barron's Educational Series, Inc. Reprinted by arrangement with Publisher.
Copyright © 2004, 2000, 1997, 1993, 1987, 1984 by Barron's Educational Series, Inc. Reprinted by arrangement with Publisher.