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On Introduction Of Amendments To Certain Legislative Acts Of Ukraine Concerning Factoring

Original Language Title: Про внесення змін до деяких законодавчих актів України щодо факторингу

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On Amendments to Certain Legislative Acts of Ukraine
concerning factoring
(Information of the Verkhovna Rada of Ukraine (VR), 2011, N 4, pp. 20)

Verkhovna Rada of Ukraine Oh, I am. :
1. To make changes to such legislative acts of Ukraine:
(1) Article 350 of the Lord's Code of Ukraine 436-15 )
(Information of the Verkhovna Rada of Ukraine, 2003, NN 18-22, art. 144)
Set out in this edition:
" Article 350. Factoring Transactions
1. The Bank has the right to negotiate a factoring (funding)
the right of the monetary requirement), by which it transmits or
It is obliged to transfer money to the disposal of the second
the parties for the fee, and the second party retreats or commits to
Withdraw the bank with its right to a third person's monetary requirement.
2. General conditions and procedures for the implementation of
operations defined by the Civil Code of Ukraine ( 435-15 ),
Codes, other legislative acts, as well as
Regulations of the National Bank of Ukraine and the
The competent authority of the executive branch in the field of
regulation of financial services markets ";
2) in the Civil Code of Ukraine ( 435-15 ) (Information
The Verkhovna Rada of Ukraine, 2003, NN 40-44, st. 356):
paragraph 1 of the first part of the first article 1077 after the words "for a fee"
Complement the words "(any predicted agreement)";
Part of Article 1079 of the third article of the article:
" 3. A factor may be a bank or other financial institution that
The law has the right to exercise factorial operations ";
(3) Items 5 and 6 of the second article 47 of the Law of Ukraine " On
banking and banking " ( 2121-14 ) (Information from the Verkhovna Rada)
For the sake of Ukraine, 2001, N 5-6, st. 30; 2009, N 52, pp. 763)
Set out in this edition:
" (5) cash requirements, provision of warranty, breach
For monetary obligations;
(6) funding for retreating the right of monetary claim
(factoring) and related accounting of cash requirements
customers to the debtors, to pay cash requirements from
behalf of customers or from their name, as well as other operations,
"To raise funds from the debtor";
4) in the Law of Ukraine " On Financial Services and Public Service
regulation of financial services markets " ( 2664-14 ) (Information
The Verkhovna Rada of Ukraine, 2002, N 1, pp. (1):
Part 1 of the first article 1 read as follows:
" (1) The financial institution is a legal entity that according to
the law provides one or more financial services, as well as other
services (operations) related to the provision of financial services, in
the cases, directly defined by the law, and to the relevant
The Registry is in accordance with the law of order. To financial institutions
are owned by banks, credit unions, Lombardy, leasing companies,
confidence societies, insurance companies, the institution of accumulating
of pension, investment funds and companies and other
legal entities that exclude the activities of which are given
financial services, and in cases directly defined by the law-other
services (transactions) related to the provision of financial services ";
Article 5 is part of the fifth of the following content:
" 5. Financial institutions have the right to provide services with
factoring with regard to the requirements of the Civil Code of Ukraine
( 435-15 ) That's the Law. A financial institution providing services with
factoring, can provide services of related conduct.
accounting for cash requirements, providing violations for the debtor of his
Duty on the cash requirements of suppliers of goods (services) and
Payment of cash requirements on behalf of suppliers
goods (services) or from its name, as well as other services,
"I don't think I'm going to raise money from a debtor."
2. This Act will take effect from the day of its publication.

President of Ukraine V. YASUKOVIC
Um ... Kiev, 9 September 2010
N 2510-VI