Factoring Act (Official Gazette no. 94/14) („Act“) entered into force on 8th August 2014 regulating the factoring business for the first time in Croatia.
The subject of the factoring are existing and/or future, undue, whole or partial monetary claims arising from the supply of goods and/or services provided domestically or abroad. Claims receivables arising from loans cannot be object of factoring.
Factoring may be performed by: (i) factoring-company having registered seat in Croatia, established as a Limited Liability Company or a Joint Stock Company with minimum share capital of million HRK, contributed entirely in cash, which obtained a consent from the Croatian Financial Services Supervisory Agency (“HANFA”), (ii) credit institutions and (iii) foreign factoring-companies under certain conditions.
Companies currently performing factoring activities have to align their business activities with the Act within 12 months following the date the Act has entered into force. If that that is not done, they can be fined with the amounts form 200,000.00 up to 500,000.00 HRK. HANFA has to adopted and issue approx. 15 by-laws regulating many issues in more details within 6 months following the date the Act has entered into force.