|
| Commercial Factoring | The large civil engineering firm on character of the activity is compelled to deal with a plenty of the customers - debtors. Thus it constantly feels necessity of financial resources. In this case it is favorable to firm to conclude the commercial with the specialized organization, on which that would accept on herself for the certain compensation of the obligation of money from these debtors, simultaneously with it having given firm money for construction. By such contract can be the commercial factoring, on the one hand and on the other hand - decisive the current problem of its industrial activity.
It is interesting to note, that the money requirement can be conceded by the client to the financial agent both in exchange for transmitted money resources, and with the purposes of maintenance of execution of the obligations before the financial agent, in particular, under the credit contract. However it is important to mean, that this money requirement will proceed to the agent only under condition of default by the client of the basic obligation.
For example, the same civil engineering firm has received in bank the credit. By such guarantee the requirements of firm to the customers of building objects, in particular, can become right. It is necessary to tell, that the obligations of the financial agent under the contract of financing under concession of the money requirement can include not only actually financing, but also granting to the client of other financial services connected to the money requirements, being a subject of concession.
Coming back to it is possible to assume situations with a civil engineering firm, that the bank can take up, besides financing activity of firm, account of its operations on construction of objects.
It is necessary to tell, that the granting by the agent of similar additional financial services is not an obligatory element of the commercial factoring. The necessity for it arises at numerous concessions of the requirements instead of the given credits. If such services are present at the contract, it is necessary to speak, that the contract carries the mixed character.
Precisely and the client can or concede the money requirement, or take up the obligations on its concession in the future. Depending on it is possible to judge, what contract is factoring real accordingly to talk about an opportunity or impossibility of compulsion of the party to distribution of the credit or transfer of the right of the requirement. In the first case the party of the contract has an opportunity of compulsion of the contractor to execution of the obligations, accepted and fixed in the contract, and in the second case of such opportunity up to the moment of real transfer of the goods, things, rights.
At the same time not any enterprise can take advantage of services of factoring of the company. So, factoring to service is not subject:
• Of the enterprise with a plenty amount of debtors, the debts each of which is expressed by the small sum;
• The enterprises engaged in manufacture non-standard or narrow specialized production;
• Building and other firms working with the subcontractors;
• The enterprises realizing production on conditions of after sold of service, practicing compensatory bargains;
• The enterprises concluding with the clients the long-term contracts and the exposing accounts after end of certain stages of works or up to realization of deliveries (advance payments).
Factoring of neither operation nor are made under the liabilities of the physical persons, branches or branches of the enterprise. The similar restrictions are caused by that in the specified cases factoring of the company the credit risk is difficult enough to estimate or is unprofitable to incur raised amount of works.
|
|
