Receivables traded only short-term receivables, ie receivables arising from trade transactions in c

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FACTORING (factoring) FINANCING ACTIVITIES AS ONE OF BER-RISK May 24, 2013 faizalindonesianlawyer Factoring, Factoring, financing, corporate finance, receivables, recourse factoring Leave a comment
Factoring in accordance with Article 1 paragraph e Decree of the Minister of Finance Decree No.. 448/KMK.017/2000 About Corporate Financing is the financing activity eliwell id 961 in the form of purchase and / or transfer and management of short-term bills receivable or an enterprise of a transaction or trade in and abroad. The definition given by John Downes and Jordan Elliot Goodman eliwell id 961 as quoted by Budi Rachmat is: 1
Under Article 2 paragraph (1) letter d Presidential Decree No.. 61 Year 1988 on Financing Institutions, factoring is one of the financial institutions. Factoring as a financing tool for financial purposes through the sale of short-time-sale current assets. 2 Accounts receivable can be used as a source of short-term financing eliwell id 961 by selling eliwell id 961 receivables eliwell id 961 stretcher as stated by Terry Price that "a bill of exchange may be used by traders as a farm of short-term credit, if he wishes to be Able to sell". 3 Through a financing transaction or contract with the factoring clients get financing from factor to 80% or even 90% of total accounts receivable. 4
The concept of factoring law is essentially an implementation of the receivables eliwell id 961 purchase business. 5 Buying and selling is an agreement. Purchase agreement pursuant to Article 1457 of the Civil Code is an agreement, whereby the parties bind themselves to submit the material, and the other party to pay the price that has been promised.
Buying and selling is one of the transfer of title to the property in addition to exchange and grant. 6 The transfer of receivables on behalf of by way of making an authentic act or under the hand. 7 receivables transferred to the bearer handed from hand to hand while the putang letter for accounts receivable at sight letter submitted with endorsement. 8 The endorsement by Wirjono eliwell id 961 Prodjodikoro is a submission letter-point (orderpapier) by the person entitled to hold it to others with a statement accompanied assign its rights over the letter written on the letter eliwell id 961 as well. Factoring 9 leads to subrogation. Subrogation pursuant to Article 1400 of the Civil Code is the replacement of the berpiutang rights by a third party who pays for the berpiutang, occurs either by consent or by-laws. The payment does not cause the engagement itself disappeared, but what happens is a shift in the position of the creditor to another person. 10
Receivables traded only short-term receivables, ie receivables arising from trade transactions in credit eliwell id 961 not receivable. The difference between the two types of accounts can be seen from the characteristics of each of the following accounts: Accounts receivable 11 Accounts Receivable in the short-term Credit because sellers are very concerned with the smooth capital turnover wakru longer term, because of the possibility to be extended Derived from buying or selling Security comes from the credit agreement material less attention, more focused on maintaining existing relationships dagang.Kalaupun, relatih small amount compared to the value of the bill, in the form of cash advance or advance the existence of a guarantee is more real / material eliwell id 961 and definite. eliwell id 961 More formal relation between the parties.
The company is a factor that will buy or receive a transfer of receivables. 12 In this case it acts as a buyer. 13 Companies seem that this factor dilaksud by TA Cole as "The Financial Organizations roomates buys up large number of bills of exchange, paying a little eliwell id 961 less than their face value." 14 The main activity of the company is to take over the maintenance eliwell id 961 of accounts of a company with a responsibility certain responsibilities depending on the agreement of the parties. 15.
Clients eliwell id 961 are parties receivables or bills that will be sold to the company factors. Client 16 is a creditor of the agreement arising from the agreement between the client and the customer. Creditors are entitled to party or parties berpiutang achievement. 17
Factoring financing have the greatest risk. One such risk is the failure of the customer to pay the client's accounts receivable that have been transferred to the factor. Failure to pay means no payment at maturity of accounts receivable. This is consistent with the notion "has stopped paying" given by Man S literary