日期:2018-02-09 / 人气: / 来源:http://www.rzfanyi.com/ 作者:译声翻译公司



  国际保理商联合会 ( Factors Chain International )

  Printed June 2010 2010年6月修订版


  SECTION I General provisions 第一节 总则

  Article 1 Factoring contracts and receivables第一条 保理协议与应收账款

  Article 2 Parties taking part in two-factor international factoring

  第二条 参与国际双保理业务的当事方

  Article 3 Receivables included 第三条 所涵盖的账款

  Article 4 Common language 第四条 通用语言

  Article 5 Time limits 第五条 期限

  Article 6 Writing 第六条 书面信息

  Article 7 Deviating agreements 第七条 与本规则有所抵触的协议

  Article 8 Numbering system 第八条 代码系统

  Article 9 Commission / Remuneration第九条 佣金/酬金

  Article 10 Settlement of disagreements between Export Factor and Import Factor

  第十条 出口保理商与进口保理商间纠纷的解决

  Article 11 Good faith and mutual assistance 第十一条 善意与互助的原则

  SECTION II Assignment of receivables Article 12 Assignment

  第二节 应收账款的转让 第十二条 转让

  Article 13 Validity of assignment 第十三条 转让的有效性

  Article 14 Documentation relating to receivables第十四条 与账款有关的单证

  Article 15 Reassignment of receivables第十五条 应收账款的反转让

  SECTION III Credit Risk Article 16 Definition of credit risk

  第三节 信用风险 第十六条 信用风险的定义

  Article 17 Approvals and requests for approvals 第十七条 核准与申请核准

  Article 18 Reduction or cancellation第十八条 缩减或撤销

  Article 19 Obligation of Export Factor to assign第十九条 出口保理商转让的义务

  SECTION IV Collection of receivables Article 20 Rights of the Import Factor

  第四节 账款的催收 第二十条 进口保理商的权利

  Article 21 Collection第二十一条 催收

  Article 22 Unapproved receivables 第二十二条 未核准应收账款

  SECTION V Transfer of funds Article 23 Transfer of payments

  第五节 资金的划拨 第二十三条 付款的划拨

  Article 24 Payment under guarantee第二十四条 担保付款

  Article 25 Prohibitions against assignments 第二十五条 禁止转让

  Article 26 Late payments第二十六条 迟付

  SECTION VI Disputes Article 27 Disputes第六节 争议 第二十七条 争议

  SECTION VII Representations, warranties and undertakings

  Article 28 Representations, warranties and undertakings

  第七节 陈述,保证与承诺 第二十八条 陈述,保证与承诺

  SECTION VIII Miscellaneous Article 29 Communication and electronic data interchange (EDI)

  第八节 杂项 第二十九条 通讯与电子数据交换

  Article 30 Accounts and reports 第三十条 帐务与报告

  Article 31 Indemnification第三十一条 补偿

  Article 32 Breaches of provisions of these Rules 第三十二条 对规则的违犯

  SECTION I General provisions 第一节 总则

  Article 1 Factoring contracts and receivables第一条 保理协议与应收账款

  A factoring contract means a contract pursuant to which a supplier may or will assign accounts receivable (referred to in these Rules as “receivables” which expression, where the context allows, also includes parts of receivables) to a factor, whether or not for the purpose of finance, for at least one of the following functions:

  - Receivables ledgering

  - Collection of receivables

  - Protection against bad debts


  — 分户帐管理

  — 账款催收

  — 坏帐担保


  Article 2 Parties taking part in two-factor international factoring

  第二条 参与国际双保理业务的当事方

  The parties taking part in two-factor international factoring transactions are:

  (i) the supplier (also commonly referred to as client or seller),the party who invoices for the supply of goods or the rendering of services;

  (ii) the debtor (also commonly referred to as buyer or customer), the party who is liable for payment of the receivables from the supply of goods or rendering of services;

  (iii) The Export Factor,

  the party to which the supplier assigns his receivables in accordance with the factoring contract;

  (iv) the Import Factor, the party to which the receivables are assigned by the Export Factor in accordance with these Rules.


  (i) 供应商(通常亦称客户或供应商):对所供应的货物或所提供的服务出具发票的一方;(ii)债务人(通常亦称买方或顾客):对由所供应的货物或所提供的服务而产生的应收账款负有付款责任的一方;



  Article 3 Receivables included第三条 所涵盖的账款

  These Rules shall cover only receivables arising from sales on credit terms of goods and/or services provided by any supplier who has an agreement with an Export Factor to or for debtors located in any country in which an Import Factor provides factoring services. Excluded are sales based on letters of credit (other than standby letters of credit), or cash against documents or any kind of sales for cash.


  Article 4 Common language第四条 通用语言

  The language for communication between Import Factor and Export Factor is English. When information in another language is provided an English translation must be attached.


  Article 5 Time limits第五条 期限

  Except as otherwise specified the time limits set forth in these Rules shall be understood as calendar days. Where a time limit expires on a non-working day or any declared public holiday of the Export Factor or the Import Factor, the period of time in question is extended until the first following working day of the factor concerned.


  Article 6 Writing第六条 书面信息

  “Writing” means any method by which a communication may be recorded in a permanent form so that it may be re-produced and used at any time after its creation. Where a writing is to be signed, that requirement is met if, by agreement between the parties to the writing, the writing identifies the originator of the writing and indicates his approval of the communication contained in the writing.

  (N.B.: Article 6 amended June 2006)


  Article 7 Deviating agreements第七条 与本规则有所抵触的协议

  An agreement in writing made between an Export Factor and an Import Factor (and signed by both of them), which conflicts with, differs from or extends beyond the terms of these Rules, shall take precedence over and supersede any other or contrary condition, stipulation or provision in these Rules relating to the subject matter of that agreement but in all other respects shall be subject to and dealt with as part of these Rules.

  (N.B.: Article 7 amended June 2004.)


  Article 8 Numbering system第八条 代码系统

  In order to identify exactly all suppliers, debtors, Import Factors and Export Factors, an appropriate numbering system must be agreed upon between Export Factor and Import Factor.


  Article 9 Commission / Remuneration第九条 佣金/酬金

  (i) The Import Factor shall be entitled to commissions and/or charges for his services on the basis of the structure and terms of payment as promulgated by the FCI Council from time to time.

  (ii) The agreed commissions and/or charges must be paid in accordance with those terms of payment in the agreed currencies. A party delaying payment shall incur interest and the equivalent of any exchange losses resulting from the delay in accordance with Article 26.

  (iii) In case of a reassignment of a receivable the Import Factor has nevertheless the right to the commission or charges.




  Article 10 Settlement of disagreements between Export Factor and Import Factor

  第十条 出口保理商与进口保理商间纠纷的解决

  (i) All disagreements arising between an Export Factor and an Import Factor in connection with any international factoring transactions shall be settled under the Rules of Arbitration provided that both are members of FCI at the time of the inception of the transaction.

  (ii) Furthermore any such disagreement may be so settled if only one of the parties is a member of FCI at the time of request for arbitration provided that the other party accepts or has accepted such arbitration.

  (iii) The award shall be final and binding.




  Article 11 Good faith and mutual assistance 第十一条 善意与互助的原则

  Under these Rules all duties shall be performed and all rights exercised in good faith. Each of the Export Factor and Import Factor shall act in every way to help the other’s interest and each of them undertakes to the best of his ability to assist the other at all times in obtaining any document that may assist the other to carry out his duties and/or to protect his interests. Each of the Import Factor and the Export Factor undertakes that each will inform the other immediately of any fact or matter which comes to his attention and which may adversely affect the collection of any receivable or the creditworthiness of any debtor.


  SECTION II Assignment of receivables Article 12 Assignment

  第二节 应收账款的转让 第十二条 转让

  (i) The assignment of a receivable implies and constitutes the transfer of all rights and interest in and title to such receivable by any means. For the purpose of this definition the granting of a security right over a receivable is deemed to be its transfer

  (ii) By reason of the assignment to the Import Factor of full ownership of each receivable, the Import Factor shall have the right of bringing suit and otherwise enforcing collection either in his own name or jointly with that of the Export Factor and/or that of the supplier and the right to endorse debtor’s remittances for the collection in the Export Factor’s name or in the name of such supplier and the Import Factor shall have the benefit of all rights of lien, stoppage in transit and all other rights of the unpaid supplier to goods which may be rejected or returned by debtors.

  (iii) All assignments of receivables must be in writing.

  (N.B.: New Paragraph (ii) added, previous (ii) becomes (iii) June 2009.)



  Article 13 Validity of assignment 第十三条 转让的有效性

  (i) The Import Factor is obliged, as regards the law of the debtor’s country, to inform the Export Factor of:

  (a) the wording and formalities of the notice of assignment; and

  (b) any elements in an assignment that are necessary to safeguard the Export Factor against claims of third parties.

  The Import Factor warrants the effectiveness of his advice.

  (ii) The Export Factor, whilst relying on the Import Factor’s advice under paragraph (i) of this Article as regards the law of the debtor’s country, shall be responsible for the effectiveness of the assignment to him by the supplier and of his assignment to the Import Factor including their effectiveness against the claims of third parties and in the insolvency of the supplier.

  (iii) If the Export Factor requests a particular assignment, enforceable against third parties, the Import Factor is obliged to act accordingly as far as he is able to do so in accordance with the applicable law, at the expense of the Export Factor.

  (iv) Whenever the assignment of a receivable needs special documentation or a confirmation in writing in order to be valid and enforceable, at the request of the Import Factor the Export Factor must provide such documentation and/or confirmation in the prescribed way.

  (v) If the Export Factor shall fail to provide such documentation or confirmation in relation to that receivable within 30 days of the receipt of the Import Factor’s request, then the Import Factor may reassign such receivable.

  (N.B.: Paragraphs (i) and (ii) amended June 2004.)


  a) 转让通知的措辞及形式;及






  Article 14 Documentation relating to receivables第十四条 与应收账款有关的单证

  (i) The Import Factor must receive details of invoices and credit notes relating to any receivable assigned to him without undue delay and in the case of invoices in any event before the due date ofthe receivable. For the purpose of the GRIF, the “due date” of any receivable shall mean the date specified for payment of the receivable as stated in the contract of sale, provided, however, that if such contract specifies payments in instalments then, unless otherwise dictated by the contract, each instalment shall be treated as having a separate due date.

  (ii) The Import Factor may require that the original documents evidencing title, including the negotiable shipping documents and/or insurance certificate, are forwarded through him.

  (iii) At the request of the Import Factor and if then needed for the collection of a receivable the Export Factor must promptly provide any or all of the following as proof and in any event within the following time periods:

  (a) 10 days from the receipt of the request, an exact copy of the invoice issued to the debtor;

  (b) 30 days from the receipt of that request:

  (1) evidence of shipment;

  (2) evidence of fulfilment of the contract of sale and/or services where applicable;

  (3) any other documents which have been requested before shipment.

  (iv) If the Export Factor:

  (a) does not provide the documents referred to in Article 14 (iii); or

  (b) fails to provide a reason for that delay and a request for further time, both acceptable to the Import Factor;

  within the prescribed time limits, then the Import Factor shall be entitled to reassign the relevant receivable.

  (v) The time limit for the Import Factor to be entitled to request these documents from the Export Factor shall be 270 days after due date of the receivable.

  (N.B.: Paragraph (iv) added June 2004 - previous (iv) moved to Paragraph (v); Paragraph (i) amended June 2005, June 2006 and June 2010.)













  Article 15 Reassignment of receivables第十五条 应收账款的反转让

  (i) Any reassignment of a receivable under Article 13 (v) or Article 14 (iv) must be made by the Import Factor no later than the 60th day after his first request for the relevant documents, or, if later, the 30th day after the end of any extended time granted by the Import Factor under Article 14 (iv).

  (ii) In the event of any reassignment of a receivable permitted to the Import Factor under this article or under paragraph (vii) of Article 27, except as provided in paragraph (iv) of this Article, the Import Factor shall be relieved of all obligations in respect of the reassigned receivable and may recover from the Export Factor any amount paid by the Import Factor in respect of it.

  (iii) Every such reassignment must be in writing.

  (iv) If any payment shall be received by the Import Factor from the debtor in respect of any receivable so reassigned before notice of that reassignment shall have been received by the debtor then the Import Factor shall hold that payment for the benefit of, and remit it to, the Export Factor promptly.

  (N.B.: Paragraph (i) amended June 2004 and again September 2008. In June 2010 Paragraph (ii) amended and Paragraph (iv) added)




  SECTION III Credit Risk Article 16 Definition of credit risk

  第三节 信用风险 第十六条 信用风险的定义

  (i) The credit risk is the risk that the debtor will fail to pay a receivable in full within 90 days of its due date otherwise than by reason of a dispute.

  (ii) The assumption by the Import Factor of the credit risk on receivables assigned to him is conditional upon his written approval covering such receivables.



  Article 17 Approvals and requests for approvals 第十七条 核准与申请核准

  (i) Requests of the Export Factor to the Import Factor for the assumption of the credit risk, which may be for the approval of individual orders or of credit lines,must be in writing and must contain all the necessary information to enable the Import Factor to appraise the credit risk and the normal payments terms.

  (ii) If the Import Factor cannot confirm the exact identification of the debtor as submitted to him he may amend these details in his reply. Any approval shall apply only to the exact identity of the debtor given by the Import Factor in that approval

  (iii) The Import Factor must, without delay and, in any event, not later than 10 days from receipt of the request, advise the Export Factor of his decision in writing. If, within the said period, the Import Factor cannot make a decision he must, at the earliest, and before the expiry of the period so advise the Export Factor.

  (iv) The approval shall apply up to the amount approved to the following receivables owed by the debtor:

  (a) those on the Import Factor’s records on the date of approval;(b) those arising from shipments made up to 30 days before the date of request for approval; and shall be conditional in each case, upon the receipt by the Import Factor of the invoice details and the documents as stipulated in Article 14.

  (v) (a) Approval in full or in part of an individual order binds the Import Factor to assume the approved credit risk provided that the shipment of the goods is made not later than the dateof shipment, if any, stated in the request for the assumption of credit risk or any earlier expiry date indicated by the Import Factor in the approval.

  (b) The approval of a credit line binds the Import Factor to assume credit risk on those receivables up to the approved amount for shipments made before cancellation or expiry date of the line.

  (c) The word “goods” includes “services” and the expression “shipments made” includes “services performed”.

  (d) Shipment in relation to goods occurs when they are placed in transit to or to the order of the debtor whether by common carrier or the debtor’s or supplier’s own transport and in relation to services when they are completed.

  (vi) A credit line is a revolving approval of receivables on a debtor’s account with one supplier up to the amount of the credit line. Revolving means that, while the credit line remains in force, receivables in excess of the line will succeed amounts within the line which are paid by the debtor or the Import Factor or credited to the debtor. The succession of such receivables shall take place in the order in which they are due for payment and shall be limited at any time to the amount then so paid or credited. Where 2 or more receivables are due for payment on the same date then their succession shall take place in accordance with the order of their respective invoice numbers.

  (vii) All approvals are given on the basisthat each account receivable is in conformity with the terms of payment (with a permissible occasional variation of 100% or 45 days whichever period is shorter) contained in the pertinent information upon which such approval was granted. However, no such variation, which extends the credit beyond any credit period specified as a maximum by the Import Factor in the approval, shall be permitted.

  (viii) The approval shall be given in the same currency as the request. However, the credit line covers receivables represented by invoices expressed not only in that currency, but also in other currencies; but in all cases the risk to the Import Factor shall not at any time exceed the amount of the original approval.

  (ix) There shall be only one credit line for each supplier on each debtor and any new credit line shall cancel and replace all previous credit lines for the same supplier on the same debtor in whatever currency denominated.

  (x) If it is known to the Import Factor that it is the practice of the debtor to prohibit assignments of receivables owing by him then the Import Factor shall so inform the Export Factor in giving his approval or as soon as it is known to the Import Factor if later.

  (N.B. Paragraphs (iv) (v) and vi) amended October 2007. Paragraphs (i), (v), and (vii) amended September 2008. Paragraph (v) amended June 2009 and again June 2010.)















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