Legal Risks Of Export Factor And Its Countermeasures Under FCI Mechanism

Since its entrance into WTO, China's foreign trade witnesses a stage of rapid development, and its international factoring business also keeps rapid development trend. However, the scope of China's factoring business is so small that only account for 1.26% of the global factoring business. This is not equal to China's status of the big world trade country. The main reason for china's undeveloped factoring business is the bank faces a series of legal issues and risks. Nowadays, the factoring business of china's bank is chiefly export double factoring, and they also abide by the rules of FCI. Therefore, it is very helpful for the bank's development of factoring business to study the legal risks faced by export factors in FCI system and Countermeasures.In export double factoring, Export Factor most worries about the security issues of financing. Besides the credit risk, the nullity of assignment of accounts receivable, debtor's defence, counterclaim or set-off and indirect payment influnence the debtor's paying ability. If the debtor can not make payment due to credit risk, the Import Factor will guarantee to take the obligation of payment. However, the Import Factor usually asks the exemption from the obligation of payment during the situation of disputs, subatantial breach of contract and jurisdiction obstruction. The export factor has the duty to ensure that the accounts receivable assigned to Import Factor are lawful and without any rights blemish. But in reality, the providers's fraud, neligence, misunderstanding or other reasons still lead to the rights conflicts between the third party and export factor and the lost of preferential payment rights. Therefore, the thesis studies the legal risks of the debtor' payment, the payment under guarantee by Import Factor and the rights conflicts between the third party and export factor and suggests the Countermeasures of legal risks. The one is the export factors should take Countermeasures in business, the other is the relevant department must establish and promote laws and regulations about factoring so as to protect the export factors' business safety.