| Disclosure law | None |
|---|---|
| UCC filing office | Tennessee Secretary of State, Division of Business and Charitable Organizations (UCC section) |
| State agencies pay | 45 days after receipt of the invoice, unless the contract sets another date |
| Late-pay interest (state) | 1.5% per month starting the day after payment is due; interest unpaid after 60 days is added to principal |
| Lien deadline (private) | Generally within 90 days after the improvement is completed or abandoned; within 30 days if a notice of completion is recorded and served |
| Public payment bond | Public contracts over $100,000 (bond of at least 25% of the contract price) |
Every state's rules side by side: invoice factoring rules by state.
Who uses invoice factoring in Tennessee?
Tennessee businesses that carry payroll or materials for weeks before a large customer pays are the core users of factoring. The business sells approved invoices to a factor, receives an advance within a day or two, and gets the remaining balance, less the fee, once the customer pays. It is a sale of receivables, not a loan, so the funder underwrites your customers’ credit more heavily than your own balance sheet.
The state has three very different economies stacked side by side. Memphis is a freight and distribution hub built around the FedEx World Hub and the Mississippi River. Middle Tennessee mixes auto manufacturing, healthcare management and a long construction cycle around Nashville. East Tennessee runs on federal science and energy work around Oak Ridge and the Tennessee Valley Authority, plus manufacturing in Chattanooga and the Tri-Cities. Each one produces slow, creditworthy payers, which is what a funder wants to buy.
We work with businesses across the state, from Memphis and Jackson to Nashville, Chattanooga, Knoxville and the Tri-Cities. If you want the mechanics first, read how invoice factoring works, then come back for the Tennessee-specific pieces.
Which Tennessee payers create the most factorable receivables?
The best Tennessee receivables are owed by large payers that are reliable but slow. These are the payer groups funders see most often from Tennessee files.
- Industry guides: manufacturers, staffing agencies, government contractors, wholesale and distribution.
| Payer group | Examples | Why the cash gap exists |
|---|---|---|
| Federal science and defense | Oak Ridge National Laboratory and Y-12 contractors, Arnold Air Force Base, Fort Campbell | Prime and subcontract approval chains; mobilization ahead of first invoice |
| Federal utility | Tennessee Valley Authority and its contractors | Large maintenance and construction scopes billed on milestones |
| Auto OEMs and tier suppliers | Nissan in Smyrna, Volkswagen in Chattanooga, GM in Spring Hill and their supplier base | Net 45 to net 90 terms and quality or PPAP holds |
| Logistics and distribution operators | Memphis-area 3PLs, warehouse operators and shippers | Staffing and service invoices on net 30 to net 60 |
| Health systems and healthcare companies | Hospital systems and healthcare management companies across the state | Staffing and facilities invoices paid on corporate AP cycles |
| State and local government | State agencies, counties, cities, school systems | Formal invoice approval and statutory payment windows |
What do Tennessee lien rules mean for a construction factoring file?
Tennessee’s mechanics’ lien statute (Title 66, Chapter 11) protects subcontractors and suppliers, but only if they serve the right notices on time, and funders check that before advancing on a pay application. A collectible construction receivable is one where your lien or bond rights are intact.
Described generally: on most non-residential private jobs, a remote contractor (anyone without a direct contract with the owner) must serve a notice of nonpayment on the owner and the prime contractor within 90 days after the last day of each month in which it furnished unpaid labor or materials. Miss a month and you can lose lien rights for that month’s work. A remote contractor’s notice of lien generally must be recorded and served within 90 days after the improvement is completed or abandoned.
On public work, you cannot lien public property. Instead, Tennessee’s Little Miller Act requires payment bonds on most larger public contracts, and an unpaid claimant generally must give written notice of its claim within 90 days after the public work is completed (Tenn. Code Ann. 12-4-205). Confirm specific deadlines with construction counsel; this is a summary, not legal advice.
A funder reviewing a Tennessee sub will ask for your monthly notice-of-nonpayment log on private jobs. A missing month on a slow job is often the reason an advance is reduced or that invoice is excluded.
How fast do Tennessee owners and public agencies have to pay?
Tennessee’s Prompt Pay Act of 1991 (Tenn. Code Ann. 66-34-101 and following) sets payment and retainage rules for most commercial construction, and separate statutes cover public agencies. These are default rules; a contract can set a different schedule, and invoices that do not match the contract can be rejected and restarted.
On private work, an owner generally must pay a prime contractor within 30 days after a timely payment application, and a prime generally must pay its remote contractors on a statutory schedule tied to their own timely applications. Retainage is capped at 5% of the contract amount, must be held in a separate interest-bearing escrow account on prime contracts of $500,000 or more, and generally must be released within 90 days after completion or substantial completion. Late payments generally carry interest of 1.5% per month unless the contract sets another rate.
On public work, Tennessee’s prompt pay provisions for governmental entities (Tenn. Code Ann. 12-4-701 and following) generally require payment within 45 days after receipt of a proper invoice unless the contract sets another date, with interest on late amounts. Federal receivables follow the federal Prompt Payment Act and contract terms, and assigning them to a factor runs through the Assignment of Claims Act.
| Situation | Governing rule | General timeline |
|---|---|---|
| Private owner to prime | Tenn. Code Ann. 66-34-202 | 30 days after a timely payment application |
| Prime to remote contractor (private) | Tenn. Code Ann. 66-34-302 | Statutory schedule tied to a timely application |
| Retainage | Tenn. Code Ann. 66-34-103, 66-34-104 | Max 5%; escrow on primes of $500K+; release within 90 days of completion |
| Public agency to contractor | Tenn. Code Ann. 12-4-701 and following | Generally 45 days after a proper invoice |
| Federal agency | Federal Prompt Payment Act and contract terms | Commonly about 30 days after a proper invoice |
Can a Tennessee factor advance against retainage?
Usually not until it is released. Funders treat retainage as a contingent receivable: it is owed only after completion, punch list and closeout, and it can be offset by backcharges. Most will advance on the earned, billed portion of a pay app and exclude the retained amount.
Tennessee’s escrow rule helps once retainage is released, because on larger prime contracts the money should be sitting in a third-party account rather than in the owner’s operating cash. Some funders will advance a modest percentage on released-but-unpaid retainage once the release is documented. Ask about it specifically.
If your bank line is fully drawn because retainage is stuck across several jobs, a factoring facility on current pay apps can free cash without waiting for closeout. See our construction subcontractors guide and bank declined if your lender has already said no.
Where are UCC filings made in Tennessee, and what does a factor look for?
Tennessee UCC financing statements for business collateral are filed with the Tennessee Secretary of State, which runs an online search by debtor name or file number. A factor will search your exact legal name before funding and file its own UCC-1 covering accounts when you close.
Expect the results to list any bank blanket lien, SBA loan, equipment finance filing or MCA provider. Each one that reaches accounts must release, subordinate or sign an intercreditor agreement before the factor can take first position on your invoices.
Old filings from lenders you paid off years ago often stay on record until they lapse, which is five years after filing unless continued. Ask those lenders for UCC-3 terminations before you apply. Our guide to UCC liens and intercreditor agreements covers the mechanics, and factoring with an SBA loan covers SBA subordination.
How should a Tennessee business compare factoring offers?
Compare Tennessee factoring offers in total dollars over a realistic year, not by headline rate. A 1.5% fee with a 12-month auto-renewing term and a large minimum volume can cost more than a 2.5% spot arrangement.
- Payer fit. Ask whether the funder already buys invoices from your OEM, health system, prime contractor or agency. Familiar payers verify faster and support higher advances.
- Every fee. List the discount fee plus any application, due diligence, lockbox, wire, audit, unused-line or minimum-volume fees. Run them through the factoring cost calculator.
- Term and exit. Note the initial term, renewal language, notice window and termination fee.
- Recourse window. Know when an unpaid invoice comes back to you. Read recourse vs. non-recourse.
- What we do not route. Freight and owner-operator trucking factoring, consumer receivables and facilities under $50,000. Memphis carriers should look for a freight specialist.
Step by step
- Export your AR aging by customerFunders start with who owes you and how long they take. Flag retainage separately.
- Search your name with the Secretary of StateList every UCC filing that claims accounts and contact those lenders about release or subordination.
- Collect proof of performanceContracts, POs, signed delivery receipts, timesheets or pay applications, and your monthly notice-of-nonpayment log for private construction jobs.
- Compare offers in dollarsModel each proposal over 12 months with every fee included, then check term and termination language.
- Close and notify customersCustomers receive a notice of assignment and pay the factor; you submit new invoices as you bill.
Illustrative scenario
A Middle Tennessee mechanical sub carrying retainage on three jobs
A mechanical contractor with about $9 million in revenue had $1.6 million in receivables, including $310,000 in retainage across three private commercial jobs. Its $500,000 bank line was fully drawn and the bank declined an increase after a thin year.
- A $1.2 million factoring facility on current pay applications from two general contractors with strong payment histories.
- Advance of 80% on approved pay apps, with retainage excluded until released.
- The bank subordinated its lien on accounts and kept its equipment collateral.
- Notice-of-nonpayment logs reviewed monthly before each funding.
Outcome: The company drew about $640,000 at closing, paid the bank line down to a level it could carry, and brought supplier accounts current ahead of its next two job starts.
A composite example for illustration, not a specific client, offer or promise of terms.
Questions people ask
Is invoice factoring legal in Tennessee?
Yes. Factoring is a sale of accounts receivable governed by Article 9 of the Uniform Commercial Code as adopted in Tennessee. The factor perfects its interest with a UCC-1 filed with the Tennessee Secretary of State. It is a commercial transaction, not a consumer loan.
How much does factoring cost in Tennessee?
Tennessee pricing tracks national ranges, roughly 1% to 5% of invoice value per 30 days. A sub paid on the Prompt Pay Act’s 30-day default usually prices differently from a supplier to an auto plant on net 75, because the money is out longer. Government and investment-grade payers sit at the low end.
Can I factor invoices owed by a Tennessee state agency or county?
Yes. Public receivables are attractive to funders because payment windows are set by statute and the payer’s credit is strong. You will need a notice of assignment that the agency accepts and invoices that match the contract exactly.
What is a notice of nonpayment and why does a factor care?
It is the monthly notice a Tennessee remote contractor generally must serve on the owner and prime within 90 days after the end of each month with unpaid work. Missing it can cost lien rights for that month. Funders check the log because lien rights are what make a stalled construction receivable collectible.
Do you work with Memphis trucking and freight companies?
No. We do not route freight or owner-operator trucking factoring. We do work with Memphis-area distributors, staffing firms, manufacturers and service companies whose customers are logistics operators.
Can a Tennessee auto supplier factor invoices to an OEM?
Usually yes. Nissan, GM and Volkswagen tier suppliers carry strong customer credit, but net 60 to 90 terms and PPAP or quality holds reduce how much is advanced. Plan on a concentration limit if one OEM or tier-one dominates your sales.