Study On The Legal Risk-control And Prevention For Import Factor In The International Factoring Finance

As an important participant in the international factoring and financing activities,the international factor have benefited from the transferee in the international factoring business and bear the legal risk of the creditor's rights.For the factor,how to predict the risks ahead and prevent the risks is very important.Indirectly,the development of international factoring financing have a huge impact.In the international factoring financing,the import factor is the ultimate transferee of the creditor's rights.Therefore,the author makes a discussion on the prevention of the legal risk of the import factor.The first part of the article is "International Factoring Financing Overview".This part first introduces the historical evolution of international factoring financing and the security of factoring,it become an important way of global trade financing.Then it analyzes the legal nature and legal basis of the international factoring financing,and thinks that the international factoring is based on the contract of accounts receivable and the trade financing of the system of creditor's rights concession.Finally,studying the business process of international factoring financing,analyze the legal status of the import factor and its rights and obligations.The second part of the article is " the legal risk and its causes of import factor." This part argues that the right of the import factor is derived from the right to transferee the accounts of the export factor.Legal risk comes from the transfer of accounts receivable.Import factor is mainly faced with five major legal risks: the legitimate rights risks;creditor's rights to transferable risk;future accounts receivable transfer risk;importers of the right of defense and set-off risk;Risk of conflict of rights.The reasons for these risks are mainly due to the complexity of the double factoring business:the risk of the assignment of claims;the differences in national legislation and the application of the law;the poor credit of the debtor and the export factor,and the integration of the insurers low quality and so on.The third part of the article is " the legal risk prevention and control measures of import factor in International Factoring financing business." This part give some prevention and control measures.Can be divided into several aspects: First,the contract clearly agreed to the other party's legal liability;Second,the contract clearly applicable to the law;Third,the rational use of the existing protection of the right to protect the legal system;The basic contract review and the main body of the credit investigation;fifth,to enhance the overall quality of their own staff.The fourth part of the article is "China inport factoring financing business risk prevention and control strategy." This part from the Chinese factoring industry,combined with the the risk of import factor,put forward some prevention and control measures.Mainly from the five aspects:pay attention to the prudential principles of business processes;make a strict examination of the main body;careful handling of business authenticity audit;actively participate in factoring industry skills training and so on.