The purchase of monetary receivables from goods and services transactions, but in which the debtor is not informed by the previous creditor about the sale of his receivable to a factor. – The danger for the factoring company here lies in the lack of opportunity to check the legitimacy of the receivable; after all, it usually has no direct contact with the debtor. In this way, receivables that do not exist could be fraudulently offered for sale. In view of this, a factoring company will only cooperate with irreproachable addresses in the silent procedure. – According to a 1991 ruling by the German Federal Court of Justice, silent factoring carried out by many physicians with medical clearinghouses is void without the patient’s consent due to a breach of medical confidentiality; however, it has prevailed despite this. – See Factoring, non-genuine.
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University Professor Dr. Gerhard Merk, Dipl.rer.pol., Dipl.rer.oec.
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