ICE8000 Claims Registration and Protection Standard
ICE8000 International Credit Standard System
Creditor Registration and Protection Standard
(Version: ICE8000-170-20150212-20150216-2) (This standard) Writer: Fang Bangjian ; proposer: Fang Bangjian ; deliberative body: World Credit Organization Credit Standards Committee; effectiveness level: administrative resolution
Chapter I General Provisions
1.1 Note: The important role of creditor protection in economic development and social integrity, in order to protect creditor rights and reduce creditor disputes, promote social integrity, reduce transaction costs, and enhance human well-being, the World Credit Organization (WCO) is based on internationally accepted legal principles and practices. , the development of this standard.
1.2 The main legal basis for the development, application and implementation of this standard is as follows:
(1) The principle of freedom of the Constitution. The constitutions of the vast majority of countries in the world give people the freedom to defend their legitimate rights, the freedom to maintain social justice and the freedom to express their opinions.
(2) The principle of public order and goodness of law. This legal principle gives people the right to maintain social justice. The basic principles of civil law in most countries of the world include the principles of public order and good customs.
(3) The principle of good faith in law. This legal principle gives people the obligation of good faith. Most countries in the world regard the principle of good faith as the basic law of their civil and commercial laws.
(4) The principle of freedom of contract in law, also known as the principle of free agreement. This legal principle gives people the freedom to enter into a civil contract. The basic principles of civil law in most countries of the world include the principle of freedom of contract.
1.3 The conduct of the application and implementation of this standard shall be deemed to be the tripartite or multi-party contractual act of the World Credit Organization (WCO) in Delaware, USA, as an attestation or supervisor, and The relevant disputes arising from this act are applicable to and protected by the laws of the State of Delaware and the United States, and the jurisdiction is also the International Court of Ethics or the Delaware Court of the United States and the United States Federal Court. If the parties have agreed otherwise or otherwise stated in the applicable law and/or jurisdiction, the binding does not involve the World Credit Organization (WCO).
1.4 The creditor's right referred to in this standard is a legal property right. It is the right to require others to pay property or services to themselves. It arises for various reasons. The creditor of this standard refers to the unit or individual who owns the creditor's right. The term "debtor" as used in this standard refers to the object of the creditor's claim for creditor's rights. Unless there is a legal reason for discrimination, it is obliged to pay off the debt at the request of the creditor.
The trace credit record referred to in this standard refers to the credit record of the nature of the nature generated by the social subject due to the interest of others. Trace credit records can indirectly reflect an organization's willingness to perform, performance, and solvency. For details on the registration of trace credit records, please refer to the ICE8000 Track Credit Record Registration Standard.
The ICE8000 credit institution referred to in this standard, also known as the ICE8000 international credit institution or the World Credit Organization (WCO) member credit institution, refers to the requirements of the ICE8000 international credit standard system in terms of knowledge structure, work ability and professional ethics, and is awarded the World Credit Organization. (WCO) certification, in the credit evaluation and other credit practice work have the right and obligation to comply with the ICE8000 international credit standard system standards, to prevent their own abuse of credit evaluation and other rights or damage to the legitimate rights and interests of other types of credit companies and other credit practitioners. The ICE8000 credit institution is a member unit of the World Credit Organization (WCO), not a branch, representative office, agency or subordinate organization of the World Credit Organization (WCO). According to the business scope of ICE8000 credit institutions, ICE8000 credit institutions can also be called ICE8000 credit reporting agencies, ICE8000 Lixin institutions, ICE8000 training institutions, and ICE8000 management consulting organizations.
1.5 This standard is applicable to the registration and protection of claims.
1.6 The registration and protection of creditor's rights shall follow the principles of honesty, legality, reasonableness and supervision.
1.7 All parties applying this standard shall abide by the principle of good faith, moral bottom line and social responsibility bottom line in the process of applying this standard, and exercise and assume the rights and obligations stipulated in this standard.
1.8 All parties to this standard are deemed to have fully understood and committed to comply with all the terms of this standard. However, if any party to this standard finds any unfairness in any of the provisions of this standard, it has the right to publicly declare that it is not subject to public disclosure of the relevant circumstances and reasons and written notice to the World Credit Organization (WCO). Terms and conditions.
Chapter II Registration of Claims
2.1 Conditions for registration of claims:
(1) Creditors and debtors are members of the World Credit Organization (WCO);
(2) The debtor's written authorization creditor has the right to hold the ICE8000 Debt Protection Registration Certificate and check the debtor's trail credit record;
(3) The debtor has promised in writing that from the date of issuance of the ICE8000 Debt Protection Registration Certificate, the ICE8000 Debt Protection Registration Certificate will be invalid, and its own trace credit record will be truthfully and fully registered;
(4) In the debtor's credit file, there is no bad credit record (including: no bad formal credit evaluation record, no overdue debt record);
(5) The contract or reason arising from the creditor's debt relationship is reasonable and legal;
(6) The creditor and the debtor clearly agree in writing: the time limit for settlement, the conditions for liquidation, and the method for liquidation.
2.2 Debt registration procedures:
In the first step, the creditor can ask the debtor to provide its own ICE8000 credit report to consider whether the debtor meets the conditions for registration of the debt and whether it can generate a creditor-debt relationship with it;
In the second step, the creditor and the debtor jointly file an application;
The third step is whether the ICE8000 credit institution has a credit registration condition;
The fourth step is to register the creditor's rights in accordance with the ICE8000 Track Credit Record Registration Standard;
In the fifth step, the ICE8000 Debt Protection Registration Certificate is issued to the creditor and the debtor.
2.3 If the creditor transfers the creditor's right to another person, it shall notify the debtor and obtain the consent of the debtor. Otherwise, the transfer of the creditor's right may be effective according to law. However, the new creditor cannot use the ICE8000 Debt Protection Registration Certificate to inquire about the debtor's credit evaluation information and traces. Credit history.
2.4 If the debtor transfers the debt to another person, it shall obtain the creditor's consent in advance, otherwise the transfer shall be invalid.
2.5 The transferred creditor or debtor shall have the membership of the World Credit Organization (WCO).
2.6 If the creditor loses the ICE8000 Debt Protection Registration Certificate, he may apply for a replacement. After the debtor has paid off the debt, the debtor and the creditor shall repay the registration in accordance with the "ICE8000 Track Credit Record Registration Standard". After that, the "ICE8000 Debt Protection Registration Certificate" will automatically become invalid.
Chapter III Protection of Creditor's Rights
3.1 The creditor may use the ICE8000 Debt Protection Registration Certificate to inquire about the debtor's credit evaluation information and the trail credit record to gain insight into the debtor's ability to repay.
3.2 If the debtor defaults, the creditor may, on its own or entrust the ICE8000 credit institution, to pursue its liability for breach of contract in accordance with the ICE8000 standard. See Chapter 4 for details.
Chapter IV Liability for breach of contract and method of investigation
4.1 If the party violates the provisions of this standard, it shall bear the following liability for breach of contract:
(1) The corresponding legal liability, namely: the legal punishment prescribed by the relevant applicable law.
(2) Corresponding credit responsibility, that is, to bear credit punishments such as internal complaints, public complaints, credit warnings, internal exposure, public exposure, joint exposure, etc.
(3) The corresponding industry self-discipline responsibility, namely: announcement of criticism, fines, cancellation of credit card, prohibition of self-discipline and other disciplines.
(4) If the breach of contract causes losses (including material damage and mental damage) to others, it shall be liable for compensation. If the breach of contract constitutes a malicious dishonesty, it shall also make punitive damages to the infringed person in accordance with international practice and the principle of common law.
4.2 Method of investigation of breach of contract liability:
(1) According to the "ICS8000 International Credit Standard System Internal Complaint Standard" or "ICE8000 International Credit Standard System Public Complaint Standard" or "ICE8000 International Credit Standard System Credit Warning Standard" or "ICE8000 International Credit Standard System Internal Exposure Standard" or "ICE8000" International Exposure Standards for Public Credit Standards or Joint Exposure Standards for ICE8000 International Credit Standards System for credit complaints and credit penalties;
(2) Applying for arbitration under the International Credit Dispute Arbitration Commission in accordance with the ICE8000 International Credit Standards System International Credit Dispute Arbitration Standard, without the need to submit a separate arbitration agreement;
(3) Apply to the International Moral Court for trial in accordance with the ICE8000 International Credit Standards System International Credit Dispute Trial Standard;
(4) If the defaulter has the membership of the World Credit Organization (WCO), the parties also have the right to make a complaint in accordance with the World Credit Organization (WCO) Member Supervision Standards;
(5) File a lawsuit in the US Delaware Court or the US Federal Court in accordance with the laws of the State of Delaware or the United States federal law.
4.3 Violations of the provisions of this standard may and should be considered as an independent breach of contract or dishonesty. If the relevant parties appear in the process of applying this standard, such acts as fraudulent, covert, defamatory, insulting, and denying others' credit evaluation rights, the act is an independent malicious dishonesty act or an independent serious malicious dishonesty. The parties concerned have the right to merge. Investigate or separately pursue the responsibility of the independent dishonesty.
4.4 The responsibility for breach of contract in this standard shall be based on the principle of ignoring:
(1) Only the aggrieved party will take the initiative to pursue the investigation, and the defaulting party will bear the corresponding liability for breach of contract;
(2) The aggrieved party has the right to decide whether to initiate the corresponding accountability procedure for breach of contract;
(3) The aggrieved party has the right to understand the defaulting party or reach an agreement with the defaulting party.
4.5 For employees or agents who participate in, execute, or assist the parties to breach the contract, the aggrieved party has the right to pursue its corresponding responsibility unless it proves that it is not at fault.
4.6 The World Credit Organization (WCO) shall bear economic compensation for its own faults, and the expenditure for economic compensation shall be included in the financial plan of the World Credit Organization (WCO) for the next year. If the economic compensation is relatively large, compensation shall be made in each year.
After accepting economic compensation, the World Credit Organization (WCO) has the right to recover losses from units or individuals responsible for acts of dishonesty with gross negligence or subjective intent.
Chapter V Supplementary Provisions
5.1 The methods of “delivery” and “notice” as mentioned in this standard include:
(1) Integrity letter delivery\notice. The sender/notifier can send a letter of integrity to the recipient/notice according to the “ICE8000 International Credit Standard System Integrity Letter Management Standard”. The time of receipt of the document as specified in the standard is the delivery/notification time.
(2) Regular letter delivery\notice. The sender/notifier may send a regular letter to the recipient/notifier, and the time of receipt of the letter by the person to be served, the person to be notified and his/her employee, adult family member or agent shall be the time of delivery/notification.
(3) Network announcement delivery\notification. If the sender/notifier cannot be served by letter, the right to use the ICE8000 International Credit Standard System Document Announcement Delivery Standard shall be served by the network announcement method. If the delivery/notification is made by means of network announcement, the delivery/notification time will be the 60th day after the first publication of the delivery announcement.
(4) Other legal and reasonable delivery/notification methods.
5.2 This standard shall be implemented as of the date of promulgation.
5.3 The terms involved in this standard, if their meaning is not agreed in this standard, the meaning of which is described in the “International Credit Industry Terminology of ICE8000 International Credit Standard System”.
5.4 All relevant parties submit various types of materials submitted to the World Credit Organization (WCO) (or ICE8000 Credit Agency) in accordance with this standard. For the copyright agreement, see the ICE8000 International Credit Standard System Document Copyright Management Standard.
5.5 If all parties concerned know or ought to have known that any of the terms or conditions of this standard have not been complied with, but still do not expressly file a written objection in time for this non-compliance, it is deemed to waive their right to file an objection. The waiving party shall bear the legal consequences such as losses caused by the waiver, and the World Credit Organization (WCO) and other parties shall not be responsible for this.
5.6 This standard will be revised and improved. All parties applying this standard should pay full attention to the revision of this standard and apply the latest version of this standard, but the behavior that occurred before the revision of this standard may not be subject to the new revised clause. The official website of the latest Chinese version of this standard is: https://www.ice8000.org/aenhw/gc/170.html
5.7 The copyright of this standard belongs to the World Credit Organization (WCO), members can use it for free and unlimited; non-members can use it for free, study, training, research, self-use, reprint, citation, adaptation, reference, reference under the premise of indicating or declaring the source. , reference. No unit or individual may plagiarize plagiarism or disguise plagiarism or otherwise infringe. Otherwise, we will jointly expose the infringing units, individuals and related personnel after the investigation of the infringement facts is clear (to issue a credit wanted order to the society). And reserves the right to pursue their legal responsibility. Do not infringe or infringe.
5.8 The version number of this standard is expressed as: ICE8000-abcd, where: the front-end ICE8000 indicates that this standard belongs to one of the standards of the ICE8000 international credit standard system; a is the serial number of the standard in the ICE8000 system standard, if this standard is Abolished, the serial number is sometimes transferred to other standards; b is the initial writing time of this standard; c is the latest revision time of this standard; d is the number of revisions of this standard.
5.9 This standard is interpreted by the World Credit Organization (WCO).