• 제목/요약/키워드: 포페이팅

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국내 외국환은행의 포페이팅 취급행태와 개선점에 관한 연구 (A Study on the Practices for Forfaiting in Foreign Exchange Bank in Korea and Recommendations for Improvement)

  • 김창선
    • 무역학회지
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    • 제42권3호
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    • pp.25-47
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    • 2017
  • 금융기관이 수출기업에게 수출채권을 상환청구불능 조건으로 매입하여 수출금융을 지원하는 금융기법이 포페이팅이다. 2011년도 이후 한국채택 회계기준(K-IFRS)의 도입으로, 기존의 일반 네고를 단순 차입금으로 계상하게 함으로써 부채비율을 높여 기업의 재무건전성을 악화시키는 요인이 되어, 수출기업들이 차입금을 낮추기 위한 방법으로 장부제거(book-off)가 가능한 포페이팅에 대한 관심이 증대되게 되었다. 국제상업회의소에서의 포페이팅통일규칙 제정시행과 함께 수출기업들의 포페이팅에 대한 관심 증대에 발맞춰, 국내 각 외국환은행들도 포페이팅 관련 상품의 개발로 취급범위를 확대해가고 있는 시점에서, 국내 외국환은행 전체를 대상으로 설문조사를 실시하여, 포페이팅 취급실태를 파악하여 그 문제점과 개선점을 찾고자 하였다.

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국내 외국환은행의 포페이팅 위험관리 비교 고찰 (A Comparative Study on the Risk Management for Forfaiting of Foreign Exchange Bank in Korea)

  • 김창선
    • 무역학회지
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    • 제43권5호
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    • pp.1-23
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    • 2018
  • 수출기업들의 수출채권을 금융기관이 상환청구불능조건으로 매입하여 수출기업들의 신용위험을 해소시켜주는 금융기법이 포페이팅이다. 포페이팅통일규칙이 2013년 1월부터 발효하게 되어 수출기업들의 관심증대와 외국환은행들의 포페이팅관련 상품개발이 확대해 가고 있는 추세이며, 포페이팅 취급에 따른 위험관리에 관심이 제고되고 있다. 따라서 본고에서는 국내 외국환은행과 외국계은행 간의 포페이팅 위험관리 실태를 각 은행의 약정서를 통해 비교해보고 국제상업회의소의 표준 포페이팅계약서와도 비교해보고자 한다. 본 연구결과 국내 외국환은행은 담보위험과 유보사유인 소구가능 사유가 은행간 차이가 상당히 있음을 발견하였고 수출기업과 외국환은행의 위험관리차원에서 통일의 필요성이 제기된다.

Banking for Venture-'포페이팅'

  • 벤처기업협회
    • 벤처다이제스트
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    • 통권115호
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    • pp.36-37
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    • 2008
  • 포페이팅(Forfaiting)은 권리의 포기, 양도를 의미하는 프랑스어 "a' forfait"에서 유래된 용어로 수출업체가 대외무역.용역거래에서 발생하는 연불채권을 채권의 소지자(수출자)가 불소구조건(Without Recourse)으로 은행에 매각하는 금융거래이다. 따라서 포페이팅은 연불수출시 감수해야 할 여러 가지 위험요소들로부터 자유롭게 해주는 수출금융제도이다.

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2012년 제정 ICC 포페이팅통일규칙(URF)에 관한 소고 (A Brief Study on ICC's Uniform Rules for Forfaiting Adopted in 2012)

  • 허해관
    • 무역상무연구
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    • 제58권
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    • pp.149-177
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    • 2013
  • This article introduces and briefly examines the Uniform Rules for Forfaiting (URF)(ICC Publication No. 800), which were prepared by a joint project of the Banking Commission of the International Chamber of Commerce (ICC) and the International Forfaiting Association (IFA), and became effective on January 1, 2013. Forfaiting is a kind of trade financing technic performed by way of a sale and purchase of payment claim between its seller and its buyer, the forfaiter, on a without recourse basis. URF is designed to facilitate global trade finance and embraces all the international payment instruments which are currently used and will be newly developed in the future. URF is expected to be a set of standardized terms and conditions for both the primary and secondary forfaiting markets. In this context, this article first looks into the concept of the forfaiting and certain features and structure of forfaiting transactions. Then this article moves to discussing URF itself. For this it examines (i) the nature and scope of URF and some important definitions provided in URF, (ii) some provisions of URF that apply to the delivery of documents to the forfaiter, the examination, and the acceptance or refusal, of such documents by the forfaiter, and (iii) the payment of purchase price by the forfaiter to its seller, including the matter of "payment under reserve" and repurchase by the seller from the forfaiter. Finally, this article examines liabilities of the parties concerned, before conclusion.

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어음보증을 이용한 포페이팅거래에 관한 연구 - 중국 어음법을 중심으로 - (A Study of Forfaiting Using Aval - Focusing on the "Law of China on Negotiable Instruments" -)

  • 이홍숙;김종칠
    • 무역상무연구
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    • 제69권
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    • pp.239-259
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    • 2016
  • An increasing number of transactions in the bilateral trade between Korea and China rely on collection and remittance, resulting in an increase in exporters' demand for trade financing. Therefore, there is a need to vitalize forfaiting transactions using drafts or promissory notes, which are based on the collections. In the forfaiting transactions, exporters transfer a payment claim to forfaiters on a non-recourse basis through a without recourse endorsement. However, forfaiters do not know importers' creditworthiness and ability to repay drafts or promissory notes; thus, they need a bank aval as a means of credit support. In forfaiting using aval, the drafts or promissory notes are transferred internationally. However, there is no internationally unified law that regulates drafts and promissory notes, and the governing laws related to such drafts and promissory notes do not accept the "principle of party autonomy." Therefore, there is no other choice but to apply the laws of a certain country, in the event of any dispute relating to such drafts or promissory notes. This paper examined forfaiting using aval from the comparative law perspective, focusing on the "Law of China on Negotiable Instruments." The results of this study may to provide businesses involved in international trade with practical guidance and assistance when using forfaiting with aval, especially in trade with China.

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수출금융에 있어서 채권양도계약의 준거법에 대한 소고 (A Study on Governing Rule in Export Financing Related Account Receivable Assignment)

  • 오원석;한기문
    • 무역상무연구
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    • 제49권
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    • pp.89-109
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    • 2011
  • Among various export financing, forfaitng and factoring give a comfort to exporters as those special financing schemes are extended to them on a without recourse basis. This is good for the exporters in terms of financing and risk cover of buyer or LC issuing banks. To enjoy this benefit, the SME exporters should, however, know the risks involved in sales contract. For example, if the export and importer set Korean law as governing law in the sales contract especially for open account exports, the exporter's receivables might be not welcome by factors according to provisions of Korean Conflict Law and it's application. Those regulations tell that the factor's position would be unstable when the sales contact limit exporter's assignment of receivables to the factor when the sales contract is subject to Korean law. Also the exporters should know related regulation of importer which might affect the assignment of receivables as well. This paper suggests the Korean exporters take internationally recognized agreement/convention such as UNI|DROIT Convention on International Factoring, UN Convention on the Assignment of Receivables in International Trade.

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어음을 이용한 포페이팅의 법적 원리 (Some Rules of Law for Forfaiting Using Bills of Exchange or Promissory Notes)

  • 허해관
    • 무역상무연구
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    • 제43권
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    • pp.169-198
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    • 2009
  • This paper sees some legal phases of the forfaiting transactions performed by using bills of exchange (drafts) or promissory notes. It focuses on the issues of the endorsement without recourse and the aval under the Korean statute for such negotiable instruments which is enacted by succeeding to the Convention Providing a Uniform Law For Bills of Exchange and Promissory Notes (Geneva, 1930) of the League of Nations. This paper purposes to give basic legal guides for forfaiting participants in order for them to be able to prevent and solve some problems caused by lack of understanding for relevant rules of law. Forfaiting is a useful technic as it provides financing for international export businesses by enabling forfaiters to discount future payment obligations on non-recourse basis. It gives benefits to exporters by removing political, transfer and commercial risks of importers or their country. Also it protects exporters from the risks of the increase of interest rates and the fluctuation of exchange rate as well. In traditionally normal forfaiting transactions, exporter of goods generally takes promissory notes or accepted drafts from importers in payment for the price of goods. Further, when the exporter is not comfortable with the importer's credit or is not confident whether the importer will pay the accepted drafts or the promissory notes as they come due, the exporter nomally requires the importer to make the importer's bank (avalizer or guarantor) add an aval, which is made by the written expression of intention, the words of "per aval", and the guarantor's signature on the drafts or promissory notes. The exporter endorses without recourse to transfer the drafts or the promissory notes to the forfaiter, typically a bank, who purchases the drafts or the promissory notes without recourse.

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국제대금결제에서의 신용위험 대처방안에 관한 연구 - 국제팩토링.포페이팅을 중심으로 - (A Study on the Exporter's Measures against Credit Risks in International Payment System - focus on international factoring.forfaiting -)

  • 오원석;박세훈
    • 무역상무연구
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    • 제39권
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    • pp.143-175
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    • 2008
  • The documentary letter of credit is the most preferred and frequently used method in International Payment System in Korea, as it has less possibility of occurring credit risks in export than any other payment system. That's because the exporter can get payment from the issuing bank(confirming bank) by delivering the goods and presenting documents following the required procedure under the letter of credit, as the payment is affirmed by the issuing bank(including the confirming bank in case of the confirmed letter of credit) regardless of the buyer's payment. However, the pattern of payment methods used in international trade of Korea is changing dramatically like the importance of the credit is decreasing continuously among the payment methods while the remittance is increasing. The increase of remittance has a positive aspect that International Payment System are changing into those of advanced countries, but the decrease of the credit also has a negative aspect that the exporter might have a greater credit risks. Therefore, we need a systematic device to deal with this. Exporters in Korea usually have used the export credit insurance to deal with the credit risks However, the export credit insurance also have a limitation as the policy finance due to the limitation based on the credit status of the business and the limitation of acceptance from the lack of financial resources of the government, etc. Korea, which is the 11th export power in the world, has a basic limitation to deal with the credit risks by depending on the export credit insurance only. So, in this thesis, I have studied on the international factoring, forfaiting, which are advanced export finances and widely used in advanced countries, as substitutes to deal with the credit risks. the international factoring is an trade financing in which a factor offers full services such as credit cover, offering prepayment, collection, account receivables, management, etc, instead of the exporter on the account receivables occurred by the exporter's delivering goods to the importer. This international factoring has a high possibility of using as a means to deal with the credit risks, because it offers prepayment without recourse. the forfaiting is another export financing in which a forfaiter purchases the draft, the promissory note and other negotiable instruments issued from the international trade, with fixed interest rate without recourse from the exporter or previous holder. By using this method, they can avoid foreign exchange risks, contingency risks as well as credit risks, as the conveyances like the promissory note, etc are issued with the note warranty so-called 'per aval' in business practice. These trade financing are good substitutes to deal with the credit risks in export, but they are not widely used in Korea. Though it can be explained with various reasons, the common reasons are the lack of understanding on the use of advanced export finance, the lack of experts to manage the advanced trade finance, the conservative way of thinking of domestic organizations related to trade financing, the lack of organizations supporting the trade financing, etc.

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