Research On Legal Risk Prevention And Control Of Factorsin International Double Factoring

International factoring is a payment and settlement method that combines financing,guarantee,accounts receivable management and collection.It plays an important role in relieving exporters’ capital turnover,reducing trade risks,and promoting the development of international trade.International double factoring is the most extensive operating mechanism of international factoring.Therefore,this paper takes international double factoring as an example to analyze and study.Combining the domestic and foreign related research and practice of China’s international double factoring,through the analysis of the legal risk types of international double factoring,try to put forward the legal risk prevention and control countermeasures for international double factoring,and provide factors for the factor engaged in international double factoring business.Reference,to provide reference ideas for the improvement of the relevant international double factoring legal system.The first chapter determines the current connotation and legal nature of international double factoring.It is clarified that international double factoring is a comprehensive financing service centered on the transfer of creditor’s rights.There are two creditor’s rights transfers in international double-factoring.One is that the exporter and the export factor sign an export factoring agreement to transfer the creditor’s rights of accounts receivable.The second is that the export factor transfers the accounts receivable transferred from the exporter to the import factor.Although the import factor and the importer do not have any agreement,they already constitute a de facto creditor-debt relationship.The second chapter analyzes the legal risks of import and export factoring companies when they carry out international double factoring business.From the perspective of international factoring practice,the risks of factoring mainly come from: the basic trade relationship between importers and exporters;Between factors;counterparty inability to pay,bankruptcy or even deliberate delay.This chapter focuses on the core issues of creditor’s rights transfer under international factoring,and analyzes that the legal risks of factoring companies mainly come from the risks arising from the transfer of accounts receivable.The risk that the factor’s creditor’s rights cannot be repaid in time due to legality,transferability,and conflicting legal provisions on limited rights.The export factor shall provide the exporter with an advance payment of 80% of the invoice value as financing,and guarantee the payment for the importer.The import factor shall provide guarantee within the credit line approved by the importer.There may be disputes over basic trade contracts,fraud by importers and exporters,defenses by other factoring companies,etc.,or different countries have inconsistent choices about the application of relevant laws and regulations,which will affect the legitimacy and effectiveness of factoring agreements.great legal risk.The third chapter studies the prevention and control countermeasures of the legal risks of import and export factoring companies.From the perspective of export factors,export factors need to carefully select exporters and import factors,as well as the content of the factoring agreement,understand the contract performance,credit and payment capabilities of both parties,and try to make agreements that are beneficial to themselves.From the perspective of import factor,the importer should be strictly investigated and tracked,pay attention to the decline of the importer’s credit and increase the risk of not being able to pay,and make good use of the protection system for the import factor.In addition,the operation mechanism of international double factoring needs to be improved,such as establishing a risk sharing mechanism,importing and exporting factors sharing risks or cooperating with insurance companies to share business risks;in order to reduce the risks caused by legal conflicts,To unify the legal system and operational norms of international factoring,the norms formulated by the International Federation of Factoring Companies or the International Association for the Unification of Private Law shall prevail.