ICE8000 Credit Factoring Standard
ICE8000 International Credit Standard System
Credit Factoring Standard
(Version: ICE8000-127-20080903-20140611-9) (This standard) Writer: Fang Bangjian ; proposer: Fang Bangjian ; deliberative body: World Credit Organization Credit Standards Committee; effectiveness level: administrative resolution
Chapter I General Provisions
1.1 In order to standardize the credit factoring business, innovate credit factoring tools, promote social integrity, reduce transaction costs, and enhance human well-being, the World Credit Organization (WCO) develops this standard in accordance with internationally accepted legal principles and international practices.
1.2 The main legal basis for the development, application and implementation of this standard is as follows:
(1) The principle of freedom of the Constitution. The constitutions of the vast majority of countries in the world give people the freedom to defend their legitimate rights, the freedom to maintain social justice and the freedom to express their opinions.
(2) The principle of public order and goodness of law. This legal principle gives people the right to maintain social justice. The basic principles of civil law in most countries of the world include the principles of public order and good customs.
(3) The principle of good faith in law. This legal principle gives people the obligation of good faith. Most countries in the world regard the principle of good faith as the basic law of their civil and commercial laws.
(4) The principle of freedom of contract in law, also known as the principle of free agreement. This legal principle gives people the freedom to enter into a civil contract. The basic principles of civil law in most countries of the world include the principle of freedom of contract.
1.3 The conduct of the application and implementation of this standard shall be deemed to be the tripartite or multi-party contractual act of the World Credit Organization (WCO) in Delaware, USA, as an attestation or supervisor, and The relevant disputes arising from this act are applicable to and protected by the laws of the State of Delaware and the United States, and the jurisdiction is also the International Court of Ethics or the Delaware Court of the United States and the United States Federal Court. If the parties have agreed otherwise or otherwise stated in the applicable law and/or jurisdiction, the binding does not involve the World Credit Organization (WCO).
1.4 The credit factoring referred to in this standard refers to the accounts receivable of the purchaser in whole or in part, and obtains the ownership of the accounts receivable and bears the bad debt losses.
The term "consignor" as used in this standard refers to the unit or individual that proposes credit factoring services.
The applicant referred to in this standard refers to the unit or individual who points to the factoring person to apply for a credit factoring contract.
The term "insurance person" as used in this standard refers to the unit or individual that has signed a credit factoring contract with the factor.
The credit sales contract referred to in this standard refers to the credit sales contract from the accounts receivable acquired by the factor.
This standard refers to ICE8000 has established a letter, also known as ICE8000 integrity organization, referred to as [established letter organization], [integrity organization], refers to the unit that has accepted the supervision of the World Credit Organization (WCO) and has passed the ICE8000 international credit standard system integrity certification. , individuals, regions, including: integrity commitment star personal, integrity commitment star unit, integrity commitment star region, integrity hope star personal, integrity Qixing personal, integrity light star personal, integrity hope star unit, integrity Qixing unit, integrity light star Unit, Integrity Hope Star Area, Integrity Qixing Area, Integrity Light Star Area. The term [established letter organization] has the same meaning as the World Credit Organization (WCO) member, and is equivalent to the unit, individual or region that has obtained the ICE8000 credit card.
The ICE8000 credit institution referred to in this standard, also known as the ICE8000 international credit institution or the World Credit Organization (WCO) member credit institution, refers to the requirements of the ICE8000 international credit standard system in terms of knowledge structure, work ability and professional ethics, and is awarded the World Credit Organization. (WCO) certification, in the credit evaluation and other credit practice work have the right and obligation to comply with the ICE8000 international credit standard system standards, to prevent their own abuse of credit evaluation and other rights or damage to the legitimate rights and interests of other types of credit companies and other credit practitioners. The ICE8000 credit institution is a member unit of the World Credit Organization (WCO), not a branch, representative office, agency or subordinate organization of the World Credit Organization (WCO). According to the business scope of ICE8000 credit institutions, ICE8000 credit institutions can also be called ICE8000 credit reporting agencies, ICE8000 Lixin institutions, ICE8000 training institutions, and ICE8000 management consulting organizations.
1.5 Credit factoring should follow the principle of legality and efficiency.
1.6 The ICE8000 credit institution carries out credit factoring business and this standard is applicable. Other units carrying out credit factoring work may refer to the application of this standard.
1.7 Financial institutions and other units that carry out credit factoring business, in order to apply this standard, can apply to become an ICE8000 credit institution.
1.8 All parties applying this standard shall abide by the principle of good faith, moral bottom line and social responsibility bottom line in the process of applying this standard, and exercise and assume the rights and obligations stipulated in this standard.
1.9 All parties to this standard are deemed to have fully understood and committed to comply with all the terms of this standard. However, if any party to this standard finds any unfairness in any of the provisions of this standard, it has the right to publicly declare that it is not subject to public disclosure of the relevant circumstances and reasons and written notice to the World Credit Organization (WCO). Terms and conditions.
Chapter II Signing of Credit Factoring Contract and Risk Prevention
2.2 To obtain credit factoring services, all of the following conditions must be met:
(1) The applicant has a credit status of [established organization];
(2) There is no bad credit record in the applicant's credit file, except those that have been repaired;
(3) The accounts receivable itself has a certain value;
(4) Other conditions proposed by the credit institution.
2.3 General procedures for providing credit factoring services by ICE8000 credit institutions:
(1) Application.
(2) Review.
The ICE8000 credit institution verifies the authenticity and credit history of the applicant's credit identity.
During the review process, the ICE8000 credit institution may require the applicant to comply with the principle of good faith, the moral bottom line, and the social responsibility bottom line to provide relevant information and report credit records.
Comprehensively review the quality of accounts receivable and estimate their value.
If the ICE8000 credit institution believes that it does not meet the conditions or believes that there is a risk of loss of trust, it refuses to apply and explains the reasons.
(3) Register with the World Credit Organization (WCO).
(4) Signing a credit factoring contract.
(5) Register the execution of the contract with the World Credit Organization (WCO).
Chapter III Collection of Accounts Receivable
3.1 After the ICE8000 credit institution obtains the ownership of the accounts receivable, if the debtor's repayment is overdue, the accounts receivable can be collected according to the “ICE8000 International Credit Standard System Credit Merchants Collection Standard”, or the legal action measures can be taken directly to collect the accounts receivable. paragraph.
3.2 ICE8000 credit institutions may not use illegal means to collect accounts receivable.
Chapter IV Liability for breach of contract and method of investigation
4.1 If the party violates the provisions of this standard, it shall bear the following liability for breach of contract:
(1) The corresponding legal liability, namely: the legal punishment prescribed by the relevant applicable law.
(2) Corresponding credit responsibility, that is, to bear credit punishments such as internal complaints, public complaints, credit warnings, internal exposure, public exposure, joint exposure, etc.
(3) The corresponding industry self-discipline responsibility, namely: announcement of criticism, fines, cancellation of credit card, prohibition of self-discipline and other disciplines.
(4) If the breach of contract causes losses (including material damage and mental damage) to others, it shall be liable for compensation. If the breach of contract constitutes a malicious dishonesty, it shall also make punitive damages to the infringed person in accordance with international practice and the principle of common law.
4.2 Method of investigation of breach of contract liability:
(1) According to the "ICS8000 International Credit Standard System Internal Complaint Standard" or "ICE8000 International Credit Standard System Public Complaint Standard" or "ICE8000 International Credit Standard System Credit Warning Standard" or "ICE8000 International Credit Standard System Internal Exposure Standard" or "ICE8000" International Exposure Standards for Public Credit Standards or Joint Exposure Standards for ICE8000 International Credit Standards System for credit complaints and credit penalties;
(2) Applying for arbitration under the International Credit Dispute Arbitration Commission in accordance with the ICE8000 International Credit Standards System International Credit Dispute Arbitration Standard, without the need to submit a separate arbitration agreement;
(3) Apply to the International Moral Court for trial in accordance with the ICE8000 International Credit Standards System International Credit Dispute Trial Standard;
(4) If the defaulter has the membership of the World Credit Organization (WCO), the parties also have the right to make a complaint in accordance with the World Credit Organization (WCO) Member Supervision Standards;
(5) File a lawsuit in the US Delaware Court or the US Federal Court in accordance with the laws of the State of Delaware or the United States federal law.
4.3 Violations of the provisions of this standard may and should be considered as an independent breach of contract or dishonesty. If the relevant parties appear in the process of applying this standard, such acts as fraudulent, covert, defamatory, insulting, and denying others' credit evaluation rights, the act is an independent malicious dishonesty act or an independent serious malicious dishonesty. The parties concerned have the right to merge. Investigate or separately pursue the responsibility of the independent dishonesty.
4.4 The responsibility for breach of contract in this standard shall be based on the principle of ignoring:
(1) Only the aggrieved party will take the initiative to pursue the investigation, and the defaulting party will bear the corresponding liability for breach of contract;
(2) The aggrieved party has the right to decide whether to initiate the corresponding accountability procedure for breach of contract;
(3) The aggrieved party has the right to understand the defaulting party or reach an agreement with the defaulting party.
4.5 For employees or agents who participate in, execute, or assist the parties to breach the contract, the aggrieved party has the right to pursue its corresponding responsibility unless it proves that it is not at fault.
4.6 The World Credit Organization (WCO) shall bear economic compensation for its own faults, and the expenditure for economic compensation shall be included in the financial plan of the World Credit Organization (WCO) for the next year. If the economic compensation is relatively large, compensation shall be made in each year.
After accepting economic compensation, the World Credit Organization (WCO) has the right to recover losses from units or individuals responsible for acts of dishonesty with gross negligence or subjective intent.
Chapter V Supplementary Provisions
5.1 This standard shall be implemented as of the date of promulgation.
5.2 The terminology involved in this standard, if its meaning is not agreed in this standard, its meaning is described in the ICE8000 International Credit Standard System International Credit Industry Terminology.
5.3 All relevant parties submit various types of materials submitted to the World Credit Organization (WCO) (or ICE8000 Credit Agency) in accordance with this standard. For the copyright agreement, see the ICE8000 International Credit Standard System Document Copyright Management Standard.
5.4 If the relevant parties know or ought to have known that any of the terms or conditions of this standard have not been complied with, but still do not expressly file a written objection in time for this non-compliance, it is deemed to waive their right to file an objection. The waiving party shall bear the legal consequences such as losses caused by the waiver, and the World Credit Organization (WCO) and other parties shall not be responsible for this.
5.5 This standard will be revised and improved. All parties applying this standard should pay full attention to the revision of this standard and apply the latest version of this standard, but the behavior that occurred before the revision of this standard may not be subject to the new revised clause. The official website of the latest Chinese version of this standard is: https://www.ice8000.org/aenhw/gc/127.html .
5.6 The copyright of this standard belongs to the World Credit Organization (WCO), members can use it for free and unlimited use; non-members can use it free of charge for study, training, research, self-use, reprint, citation, adaptation, reference, reference under the premise of indicating or declaring the source. , reference. No unit or individual may plagiarize plagiarism or disguise plagiarism or otherwise infringe. Otherwise, we will jointly expose the infringing units, individuals and related personnel after the investigation of the infringement facts is clear (to issue a credit wanted order to the society). And reserves the right to pursue their legal responsibility. Do not infringe or infringe.
5.7 The standard version number is expressed as: ICE8000-abcd, where: the front-end ICE8000 indicates that this standard is one of the standards of the ICE8000 international credit standard system; a is the serial number of the standard in the ICE8000 system standard, if this standard is Abolished, the serial number is sometimes transferred to other standards; b is the initial writing time of this standard; c is the latest revision time of this standard; d is the number of revisions of this standard.
5.8 This standard is interpreted by the World Credit Organization (WCO).