Debts under recourse factoring agreements will be collectible through a notary's enforcement note
The Cabinet of Ministers has updated the list of documents that allow debt to be collected uncontested based on a notary's enforcement note.
The changes are related to the introduction of the new Law "On Factoring" and specify which documents must be provided to the factor to obtain an enforcement note in case the client fails to fulfill their obligations under a recourse factoring agreement.
At the same time, the new rules will come into effect only after the law is enacted.
Which documents must be submitted for the enforcement note
Resolution No. 852 stipulates that to obtain a notary's enforcement note, the factor must submit documents confirming the client's failure to meet the demand under the assigned monetary claim.
Specifically, it is necessary to provide:
- the original recourse factoring agreement;
- the original transaction document on the assignment of the monetary claim right to the factor, if it was executed as a separate document;
- a payment instruction confirming the factor's transfer of funds to the client under the recourse factoring agreement;
- the original or factor-certified copy of the demand for payment of part or full value of the monetary claim right sent to the client, with the factor's note on non-payment and indication of the debt amount;
- documents confirming the sending of such demand and its receipt or refusal to receive it.
As proof of sending the demand, the following may be used:
- notification of delivery of registered or valuable postal item;
- postal item marked with the recipient's refusal to accept it;
- if electronic document flow is provided by the agreement — factor-certified paper copies of the electronic letter with the demand and the official notification from the relevant information system confirming delivery of such letter to the recipient's email address.
When the resolution will come into force
The government determined that the resolution comes into force simultaneously with the enactment of the Law of Ukraine dated June 3, 2025, No. 4466-IX "On Factoring," but not earlier than the day of its official publication.
Thus, after the relevant provisions come into effect, the list of documents for making notarial enforcement notes will be officially supplemented by the procedure for uncontested debt collection under recourse factoring agreements.
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