So, when we speak about the relations under the contract of financing and concession of the money requirements (contract of financing), we mean the enterprise, one of participants, getting the money requirement to other person (by virtue of shipment to it of the goods, performance of works or rendering of services), not waiting its executions (transfer of money resources) and taking into account, that this requirement by virtue of the named circumstances already has market cost, concedes to its bank or other commercial organization in exchange for reception of the loan or credit or gives it as a way of maintenance of execution of the obligations before bank.
Taking into account, that the legal essence of the obligations arising from the factoring contract, is made by concession of the money requirement, we shall allocate basic distinctions of requirement concession and financing contract under concession of the money requirement.
Though the financing under concession of the money requirement accomplished by not credit commercial organization, also is inadmissible, but to someone can seem, that the consequences look not so terribly, i.e. the recognition by its court void, and that only in the event that will be the claim from this legal person, its founder or state body which is carrying out the control or supervision of activity of the legal person, if is proved, that other party in the bargain knew or obviously should know about its illegality.
Nevertheless, to go on such deal isn’t professional, for it legally is not irreproachable, first of all, for the client of the financial agent - in our case it there will be a bank. There is a not zero probability, that the relations between the bank - client and financial agent will deteriorate and then the deal can be recognized void. Bank will hardly arrange it.
Thus, it is necessary to recognize, that in the usual conditions not-credit commercial organizations have no right without the license to carry out financing under concession of the money requirement, i.e. to make factoring of the deal. It turns out, that the bank (or other credit organization) has no opportunity to concede the requirements right from the credit contract, to not credit commercial organization under the contract of factoring.
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