IMPLEMENTATION

MODEL LAW ON FACTORING

Following the publication of the MLF, UNIDROIT has adopted a four-part implementation and promotion strategy.

    1. Position the MLF as a core instrument that facilitates trade finance, access to credit and economic development: UNIDROIT is working with its partner stakeholders to ensure that the MLF is recognised as the tool representing international best practice for receivables financing.
    2. Raise awareness of the MLF at relevant large, multilateral fora: UNIDROIT is working with partner stakeholders to ensure that the MLF is presented at relevant large international events, including private stakeholder, government and NGO fora.
    3. Support domestic implementation of the MLF: UNIDROIT is working with partner organisations that deliver technical assistance programmes to assist States to improve their domestic factoring, receivables finance and trade finance legal frameworks. In recent years, the EBRD, IFC, ADB, UNCITRAL and ILI have all been deeply involved in secured transactions reforms in developing countries and emerging markets. UNIDROIT is working with these partner organisations (who have been directly involved in the negotiation of the MLF) to ensure that the MLF forms the basis of future receivables finance and factoring law reform projects across the globe.
    4. Ensure that the MLF is broadly accessible: UNIDROIT is working to ensure that the MLF is accessible to the broadest possible audience by (i) disseminating both printed and electronic copies of the instrument to all stakeholders involved in the development of the MLF, and (ii) working with partner stakeholders to facilitate unofficial translations into languages other than French and English.

 

The MLF has already been recognised as one of three key pillars of the “Financial Inclusion in Trade Roadmap” by the World Trade Board. Launched in April 2023, the “Financial Inclusion in Trade Roadmap” (FIT) is a framework designed to increase the participation of micro-, small- and medium-sized enterprises (MSMEs) in international trade. The World Trade Board was established in 2016 with the purpose of improving living standards by connecting trade, finance and technology. The FIT was developed as a collaborative project between the World Trade Board, the International Chamber of Commerce, the International Finance Corporation (IFC), the Bankers Association for Finance and Trade (BAFT), International Trade and Forfaiting Association (ITFA) and the FCI. The FIT is available at: https://worldtradesymposium.com/sites/wts/files/file/2023-03/financial-inclusion-in-trade-roadmap-2023.pdf.

 

The MLF has also already been acknowledged in the EBRD’s New Finance Support report (May 2023) which proposes a strategy to address liquidity and working capital issues currently affecting MSMEs around the world. As part of this strategy, the report recognises the MLF as a new international legal standard for receivables finance which can support access to credit for MSMEs in countries that implement the Model Law. The New Finance Report is available at: https://www.ebrd.com/what-we-do/sectors/legal-reform/access-to-finance.html