Legal Issues and Risk Management for International Factoring

• Main Authors: Wang, Yu-Han, 王鈺涵
• Other Authors: 張冠群
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/5hjc3e

碩士 === 國立政治大學 === 風險管理與保險學系 === 107 === The international trade is a significant business in the ROC and always generates a considerable trading volume, and, the volume of export trades is greater than the import trades. The suppliers may often rely on the factoring to increase the flexibility of the use of its capital when conducting the international trades with the buyers. Nevertheless, certain disputes relating to collecting the receivables from the buyers by the factors have occurred in the past. Conducting the international factoring may invite certain legal issues including, among others, the nature of the factoring agreement, the certainty of the rights and obligations under the factoring agreement, the effectiveness of the assignment of existing or future receivables, treatment of repeat assignment of receivables, the defense and offset asserted by the buyers against the receivables, and the conflict of laws is- sues. This article will elaborate the relevant issues under the ROC laws and regulations, foreign laws and rules and the international rules and customs in relation to the international factoring. In practice, the export factors may transfer its credit risk to the import factors and/or the insurance company. This article will introduce the contents of the aforesaid two approaches and the rules commonly found thereof. In order for the export factors to execute the risk management when conducting the international factoring business, this article will also analyze the pros and cons of the two approaches.