However, this method will also bring some consequences:
For example, the accounts receivable of enterprises can not be recovered, which leads to the risk of capital and bad debts, which affects the capital turnover of enterprises.
, thus seriously damaging the survival interests of enterprises, it can be seen that the accounts receivable of enterprises are very important to the development of enterprises.
For enterprises, there must be a sense of internal control.
It is not only to consider how to take remedial measures after the enterprise accounts receivable cannot be recovered, but to plan ahead and manage in the process.
With regard to accounts receivable, it is an important guarantee to promote the sustainable development of enterprises to have management thinking and legal thinking and comprehensively manage the accounts receivable of enterprises.
Do a good job of internal control beforehand
1. Establish a credit evaluation department.
Before selling on credit, customers can investigate from public information such as industrial and commercial registration information and litigation-related information, or search for relevant information through software such as eye check and enterprise check, or find a professional team to conduct due diligence on customers and collect relevant information of customers comprehensively.
According to the customer's assets, profitability, financing and industry prospects; Formulate corresponding credit policies according to different levels, and formulate corresponding credit lines and credit periods for each customer. Establish a sound credit system, combined with relevant data, so as to formulate a long-term credit sales strategy for enterprises, nip in the bud, thus reducing the risk cost and energy consumption of enterprises.
2. Establish a credit approval system.
Some companies pay too much attention to sales and expand credit lines for their own benefit. Therefore, enterprises can establish an examination and approval system for credit sales according to the credit limits of different customers, and strictly carry out grading examination and approval, and submit applications for examination and approval through business departments, credit management departments and financial departments to avoid blind credit sales by sales departments in order to improve their performance.
Second, do a good job of control.
Establish a risk transfer mechanism and prepare for bad debts.
The financial department of an enterprise should analyze the aging of accounts receivable, deal with the confirmed bad debts in time, avoid being unable to deal with bad debts, and take precautions instead of being at a loss after bad debts are generated, which will affect the profits of the enterprise.
Enterprises should determine the corresponding bad debt solutions and establish the corresponding bad debt approval system. Not only that, enterprises can also use accounts receivable for corresponding financing, which will bring certain benefits to enterprises.
Continuous tracking involves enterprises
Under normal circumstances, enterprises should track the enterprises involved in accounts receivable. Take corresponding recovery measures according to the operating conditions of the indebted enterprises. Keep communication with customers, try to eliminate the hidden dangers that make accounts receivable difficult to recover, and improve the possibility of accounts receivable recovery. Focus on tracking and paying attention to the credit changes of important customers, and take effective measures in time to prevent credit risks.
Do a good job in post-event management.
Take punitive measures against accounts receivable or reward measures for payment.
Enterprises need to implement the responsibility for bad debts to specific people.
Some salespeople blindly sell on credit without investigating relevant enterprises and approving relevant departments for sales performance. If there is a risk of bad debts or bad debts cannot be recovered, the sales staff should bear specific responsibilities, such as taking punitive measures.
On the contrary, if employees have no risk of bad debts, or the recovery rate of accounts receivable is high, they can also be given certain material rewards.
Enterprises should curb the risk of accounts receivable from the source and build a payment incentive system. Enterprises can take the payment of accounts receivable as one of the performance appraisals and become a part of employees' income when evaluating the performance of relevant departments, so as to stimulate employees' enthusiasm and take corresponding measures to recover accounts receivable. Clear rewards and punishments, so that employees have a sense of risk prevention and control.
Use a variety of ways to collect funds.
When the enterprise accounts receivable cannot be recovered, it can be legally collected through lawyer's letter collection, litigation and letter collection, and the most important thing is to interrupt the limitation of action. According to the law of our country, it is not protected if it has been more than 2 years since the creditor last asked the debtor to pay off the debt. If the debtor fails to repay the debt within 2 years, the creditor may bring a lawsuit to the court. Therefore, enterprises can adopt the following methods for collection:
First, if the enterprise adopts the method of telephone collection, it needs to pay attention to recording during the call.
To determine the main identity of the other party, the telephone content should specify the contract price, the fact that we have fulfilled the contract and the other party is overdue, and save the corresponding evidence for proof.
Second:
If no agreement can be reached through telephone collection,
Enterprises can take a collection letter and let customers sign for it.
Ask the other party to explain the repayment plan, understand the reasons of the other party's arrears in time, and coordinate the relationship between the two parties.
Third: enterprises can collect money through lawyers' letters.
Although it has no legal effect, it has played a corresponding deterrent role by informing the debtor of the legal consequences of non-performance of payment obligations in the form of legal documents.
Fourth:
If all the above means fail, we must
Take the last legal weapon: litigation and arbitration.
Before filing a lawsuit or arbitration (in the middle), grasp the other party's property in time and apply for property preservation to ensure the smooth implementation of the procedure after the case is closed. What preparations can be made before litigation or arbitration? 1. Interrupt the limitation of action in time. 2. Require the guarantor to undertake the guarantee responsibility during the guarantee period. 3. Prepare creditor's rights materials and pay attention to reconciliation. 4. Identify other defendants who can be sued (debtor: marital status) (company: contributed by shareholders of the debtor's company) to increase the repayment probability. 5. Collect the contact address and method of the debtor as much as possible. 6. Collect the debtor's property clues and preserve the property in time. 7. Exercise the right of cancellation and subrogation.
Fifth:
If the relationship between creditor's rights and debts is clear and there are no other debt disputes, the creditor may directly apply to the court for a payment order without suing. After the court issued a payment order to urge the debtor to repay the debt, if the debtor fails to perform it within 15 days, the creditor may apply to the court for enforcement. Compared with litigation, payment order is shorter, more efficient and lower in cost, and it is a means of supervision. (However, in practice, in the face of a payment order, the court may inform the applicant to go through ordinary procedures. )
Fourth, how to avoid illegal collection?
There are two ways of collection: legal collection and illegal collection. The legal collection methods are mainly sending letters and litigation. Illegal collection behavior includes hard violence and soft violence, such as beating, abuse and illegal restriction of personal freedom.
When an enterprise collects money, it is often considered illegal to collect money carelessly, such as staying in another company and obstructing other people's business. Therefore, we need to prevent falling into the trap of illegal collection and know how to avoid illegal collection.
First of all:
During the collection process,
Relevant personnel should collect in a scientific, legal and compliant manner.
Do not take the following actions:
1. Unlawful disclosure of personal information and illegal acquisition of personal information. 2. Use intimidation, threats, abuse and language or behavior that violates public order and good customs to coerce the debtor. 3. Beating and injuring the debtor and other personnel, illegally restricting the personal freedom of the debtor and other personnel, illegally invading other people's houses or illegally searching other people's bodies. 4. Bribe others with property and seduce others with beauty.
Second: entrust a legal third-party institution to collect money.
When the enterprise has a large amount of accounts receivable, it can choose to entrust a professional third-party agency to collect them. Third-party organizations often charge a certain service fee, and the amount recovered is linked to the service fee. Therefore, in order to recover the money, some third-party institutions may take some illegal or even criminal measures to force the debtor to repay, such as threatening or intimidating others. Therefore, when entrusting a third-party institution to collect money, it should sign an entrustment contract, explicitly prohibiting the other party from taking illegal means to collect money, otherwise it will bear the corresponding liability for breach of contract.
The author suggests:
The problem of enterprise accounts receivable is related to the survival, competition and development of enterprises. Therefore, enterprises can make relevant arrangements on how to deal with accounts receivable from three angles: prevention before, control during and management after.
Enterprises should have a sense of internal control beforehand, that is, set up a credit evaluation department and establish a credit sales approval system. In this process, they should track the credit changes of relevant customers and grasp the real-time dynamics of customers.
When the accounts receivable cannot be recovered in time, the enterprise should take legal and compliant measures to recover the accounts receivable, such as collection letter, lawyer's letter, arbitration/litigation, etc., and remember not to take illegal measures to recover the accounts receivable, including cold violence, otherwise it will be detained and even involve criminal offences.
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Guangzhou Enterprise Management Consulting Company, which originated from France, is an innovative "enterprise management+legal consultation+intellectual property" service provider in Guangdong. Its core team consists of elite enterprise managers, lawyers and professionals in the field of Internet intellectual property. Corporate clients who have served in France cover Internet social platforms, B2B e-commerce 100, trade, finance, manufacturing and other fields.
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