The liability of presenting evidence on the case of factoring contract disputes is specified clearly in accordance with the Civil Procedure Law of the People’s Republic of China and Several Provision of the Supreme People’s Court on Evidence in Civil Procedures and to better support your claims and protect your legitimate rights and interests with the specified evidence you have provided when you have a factoring contract dispute with someone else. Please read the following content carefully.

1.　Evidence of the Subject Qualification of the Parties 　　

If you are an individual, you should submit your identity information of: your name, gender, age, nationality, residence, contact information, ID number, and other basic information such as ID card, residence booklet, residence certificate, passport Hong Kong, Macao and Taiwan residents’　compatriots HVPS and so on. 　　

If you represent a legal person or other organization, you shall submit the business license,registration certificate or organization code certificate of the legal person or website certification of market supervision and management of administrative departments of the legal person or other organization as well as the identity certificate of the legal representative or the principal person in charge.

2. Evidence of the ability to uphold Legal Relationships

2.1 Factoring contract;

2.2 Evidence of actual existence of accounts receivable;

2.3 Transfer notice of accounts receivable and delivery of credentials;

2.4 Accounts receivable transfer agreement;

2.5 Credit confirmation;

2.6 Other evidence on the establishment of factoring legal relationship.

3. Evidence of the Actual Existence of Accounts Receivable

3.1 Sales or purchase contract;

3.2 VAT invoice;

3.3 Goods delivery certificate;

3.4 Statements of account;

3.5 Freight certificate;

3.6 Payment commitment letter;

3.7 Other evidence of the existence of accounts receivable.

4. If You Believe that the Factoring Contract is Invalid, You May Submit the Following Evidence

4.1 Evidence that the other party has committed fraud or coercion, or has damaged national interests;

4.2 Evidence of malicious collusion between the parties that have damaged the interests of the state, the collective or the third party;

4.3　Evidence that the contents of the contract cover up illegal actions;

4.4 Evidence that the contents of the contract will harm the public interests; 　　

4.5.Evidence that the contents of the contract violate the mandatory and validity provisions of law and the administrative regulations.

5. If You Wish to Prove that You Have Fulfilled the Obligation of Factoring Contract,you may Submit the Following Evidence

5.1 Financing payment certificate;

5.2 Accounts receivable transfer certificate; 　　

5.3 Evidence of the transfer notice of the credit rights to the debtor; 　　

5.4 Repayment certificate;

5.5 Other evidence of the performance of contract obligations.

6. You may Submit the Following Evidence When It Relates to Whether the Debt Transfer has been Notified to the Debtor

6.1 Accounts receivable invoices that have been collected by the debtor clearly indicating the object and content of the transfer;

6.2 The debt transfer agreement between a factoring company and a creditor or debtor; 　　

6.3 Transfer notice of debt rights served by mail and the receipt received by the debtor;

6.4 The e-mail sent to the debtor's designated e-mail and replied and confirmed by the debtor;

6.5 Other evidence that the debtor has been notified.

7.Evidence of Claiming a Defense Right Based on a Basic Contract

If you are the debtor who claims the defense rights to the factoring agents based on a basis contract, should submit the specific defense reasons in addition to the basic contract signed by yourself and the creditor, such as evidence on denying the establishment and validity of contract relationships, advocating self-exemption or the right of simultaneous defense in the sense of contract law, the right of defense of follow-up performance and unsafe right of defense.

8. Evidence Based on the Underlying Contract

If you are the debtor who claims the right of set off to the factoring agents based on an underlying　contract, you should submit the evidence on of an expired debt between you and creditors, liquidated　debt and the other relevant evidence of the same type and quantity of the object being set off. 　　

If the evidence is not listed, please submit it to the court. 　　

Special tips: The term"factoring agents"in this note refers to the financial institutions　and　commercial factoring companies that conduct factoring business. The creditor refers to the credit in a basic contract, such as the contract of sale. The debtor refers to the payment obligor in the basic underlying contract.

9 The Relevant Provisions on Extra-territorial Evidence

According to Article 11 of Regulations on Civil Action Evidence promulgated by the Supreme People’s Court, if the evidence provided by the parties is formed in extra-territory of the People’s Republic of China, the evidence shall be certificate by the notary office of their own country, and authenticated by the Embassies and Consulates of the People’s Republic of China, or certified through the procedures stipulated in relevant treaties concluded between the People’s Republic of China and their country. If the evidence provided to the Court is formed in Hong Kong, Macao and Taiwan, the parties should also undergo relevant procedures.