#SeriesAFFAN #UPDATE Chapter 4: CONTRACTS THAT WERE ATYPICAL AND NOW ARE TYPICAL - DISCOUNT, FACTORING AND LEASING WHAT IS A DISCOUNT CONTRACT? CONTRACT UNDER WHICH ONE PERSON CALLED THE DISCOUNTEE ASSIGNS IN FAVOR OF ANOTHER PERSON CALLED THE DISCOUNTER A CREDIT RIGHT WITH A FUTURE MATURITY, IN EXCHANGE FOR AN AMOUNT PREVIOUSLY AGREED BETWEEN THEM. WHO ARE THE SUBJECTS OF THE DISCOUNT CONTRACT (SUBJECTIVE ELEMENT) AND DEFINE THEM? DISCOUNTER OR ASSIGNEE: IS THE PERSON IN WHOM THE CREDIT RIGHT THAT IS THE SUBJECT OF THE DISCOUNT IS ASSIGNED. THE DISCOUNTER DELIVERS TO THE DISCOUNTEE, IN EXCHANGE FOR THE CREDIT RIGHT, A PREVIOUSLY AGREED AMOUNT. DISCOUNTEE, SELLER OR ASSIGNOR: IS THE PERSON WHO, BY VIRTUE OF A FACTORING OR DISCOUNT CONTRACT, ASSIGNS SUCH CREDIT RIGHT IN FAVOR OF THE DISCOUNTER, IN EXCHANGE FOR A PREVIOUSLY AGREED AMOUNT. WHAT ARE THE REAL ELEMENTS OF THE DISCOUNT CONTRACT? WHAT ARE THE FORMAL ELEMENTS OF THE DISCOUNT CONTRACT? WHAT ARE THE CHARACTERISTICS OF THE DISCOUNT CONTRACT? FACTORING CONTRACT LAW ON FACTORING AND DISCOUNT CONTRACTS - DECREE NUMBER 1-2018 WHAT IS THE FACTORING CONTRACT? CONTRACT UNDER WHICH A PERSON CALLED SELLER OR ASSIGNOR ASSIGNS, IN TOTAL OR PART, ONE OR MORE CREDIT RIGHTS IN FAVOR OF A FACTOR SO THAT THE SUCH FACTOR CAN PERFORM ONE OR MORE OF THE FOLLOWING FUNCTIONS: ADVANCE RESOURCES FROM THE CREDIT RIGHT RECEIVE THE CREDIT RIGHTS AS A DISCOUNT MANAGE THE CREDIT RIGHTS PORTFOLIO THE FACTOR IS RESPONSIBLE FOR COLLECTING THE CREDIT FROM THE DEBTOR WHO ARE THE SUBJECTS OF THE FACTORING CONTRACT (SUBJECTIVE ELEMENT) AND DEFINE THEM? FACTOR: IS THE NATURAL PERSON, LEGAL PERSON OR INDEPENDENT ASSETS IN FAVOR OF WHOM THE SELLER OR ASSIGNOR ASSIGNS A CREDIT RIGHT UNDER A FACTORING AGREEMENT. SELLER OR ASSIGNOR WHAT IS THE FORMAL ELEMENT OF THE FACTORING AND DISCOUNT AGREEMENT? IT MUST BE IN WRITING AND MAY BE GRANTED IN THE FOLLOWING FORM: PUBLIC DEED PRIVATE DOCUMENT WITH OR WITHOUT LEGALIZED SIGNATURE ANY OTHER DOCUMENT AT THE WILL OF THE PARTIES (ACCOUNT ENTRIES, BY ELECTRONIC COMMUNICATIONS, CORRESPONDENCE, ETC.) WHAT ARE THE CHARACTERISTICS OF THE FACTORING AGREEMENT? ARE CREDITS IN A FACTORING AGREEMENT MOVABLE OR IMMOVABLE PROPERTY? THEY ARE CONSIDERED MOVABLE PROPERTY. WHAT ARE THE DIFFERENCES BETWEEN A DISCOUNT AND A FACTORING AGREEMENT? SHOULD DISCOUNT OR FACTORING AGREEMENTS BE REGISTERED IN ANY REGISTRY? AS SUCH, IT IS NOT MANDATORY, BUT IT IS RECOMMENDED TO REGISTER IT IN THE REGISTRY OF MOVABLE SECURITIES FOR THE PURPOSES OF ADVERTISING TO THIRD PARTIES; AND IF IT HAS PRIORITY OVER ANOTHER ASSIGNMENT OF THE SAME CREDITS, HOW IS THE DISCOUNT OR FACTORING AGREEMENT FOR CREDIT SECURITIES REGISTERED? IT MUST BE STATED ON THE TITLE ITSELF BY ENDORSEMENT IF IT WERE A PHYSICAL TITLE. IF IT WERE AN ELECTRONIC TITLE, THE EXISTENCE OF THE CONTRACT MUST BE INFORMED TO THE ENTITY RESPONSIBLE FOR KEEPING THE ELECTRONIC RECORD OF SUCH TITLES. LEASING CONTRACT LEASING LAW - DECREE NUMBER 2-2021 OF THE CONGRESS OF THE REPUBLIC OF GUATEMALA WHAT IS A LEASING CONTRACT? WHAT ARE THE PERSONAL ELEMENTS OF THE LEASING CONTRACT? WHAT ARE THE REAL ELEMENTS OF THE LEASING CONTRACT? WHAT ARE THE CHARACTERISTICS OF THE LEASING CONTRACT? Follow us on our Social Networks FB @affanprivados ???? / affanprivados IG @affangt ???? / affangt If you are interested in any of our courses, leave us your information and we will contact you to provide you with more information: https://forms.gle/iSku3D97sYYRRbhK6 Remember that you have AFFAN!