The Polish Association of Factors has launched its "Free Invoices - No Assignment Prohibition" campaign (http://wolnefaktury.faktoring.pl/). As indicated on the aforementioned website, the purpose of the campaign is "on the one hand to promote the idea of updating Polish law towards solutions tailored to modern market conditions and the needs of Polish entrepreneurs, and on the other - to propose specific regulatory changes that favor competition and its protection in our economic system."
The Polish Factors Association has undertaken a campaign whose actual goal is therefore to eliminate the ban on assignment from Polish law. According to the PZF, this will have a positive impact on economic development in Poland. Details can be found at http://wolnefaktury.faktoring.pl/.
The Factoring and the Law blog will, of course, support the campaign. We agree with the idea itself as well as the demands arising from the campaign. About the non-assignment clause and related restrictions for factoring I wrote on the Blog back in January this year., where I also expressed my opinion on the widespread use of non-assignment clauses in business: "The practice of introducing a prohibition on assignment (transfer) of receivables into commercial contracts is becoming more and more common. In some industries, almost every order or commercial contract contains this type of clause. The motivation for such provisions varies - sometimes it was simply "in the formula", sometimes the stronger party wants to restrict the weaker party, sometimes the debtor wants to deprive the creditor of the possibility of external financing (e.g., just factoring). Undoubtedly, the ban on assignment slows down the circulation of money in the economy and disrupts the liquidity of creditors."
So it remains to support the #FreeInvoices campaign!
