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On the Legal Regulation of Commercial Banks’ Supply Chain Financing Service

Author: LiuZhanLing
Tutor: ShengXueJun
School: Southwest University of Political Science
Course: Legal
Keywords: Supply Chain Financing Service Account Receivable Financing The Warehouse Receipt Pawns Movable Property Fluctuation Mortgage
CLC: D922.28
Type: Master's thesis
Year: 2010
Downloads: 185
Quote: 2
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Abstract

The supply chain finance service is a domain, which in the recent years our country commercial banking innovation suddenly appear. The bank supplies the chain member’s credit bundle to use the account receivable to pawn、the warehouse receipt to pawn、the movable property fluctuation mortgage and so on many kinds of guarantee ways. By providing the short-term financing service to the enterprise, the bank and the enterprise both win successfully. However, for the reason that the supply chain financing is different with the former financial innovation service, and its participation main body includes bank、loan enterprise, physical distribution company、insurance company and supervision organization. The main body’s complexity has decided the service procedure and the legal suitable complexity, but it was related to the law that is not to be imperfect and intensified the latent risk. This article embarks from real life’s illustrative case, and develops three kind of principal modes .In addition ,in view of the bank ,this kind of service uses counter measures from angles and risk guard. Financial supervision discusses its legal rules and regulations question separately,.This article is composed of five parts.The first part embarks from the illustrative case and introduces the supply chain financing service’s legal risk and the reason, and then its main legal risk lay in the bad account loss risk, which the movable property guarantee brought invalid and caused this risk reason to lie in the imperfect legal rule、the main body complexity and the service procedure multiplicity. The second part develops this kind of service which the bank angle to obtain and then makes the analysis on receivable financing pattern’s basic legal matter, discussing the main legal risk and the corresponding measure the account receivable financing essential condition that is confronted. The third part Pawns the financing pattern from the warehouse receipt and the selective analysis warehouse receipt has pawned the nature、the service between the basic legal matter. In various main bodies’ main legal risk, it mainly introduces the risk measure finally. The fourth part embarks from the movable property fluctuation mortgage pattern to the movable property fluctuation mortgage’s nature, this system’s superiority carries on the analysis lying in the fourth and fifth section with emphasis in the legal risk and the measure. In the fifth part, it makes the main analysis on the influence of the supply chain financing service to the supervision, and then put forward each kind of proposal to the supervised the organization ability construction、the monitoring measure and supervisory system’s consummation, in order to provide the reference to the standard supply chain financing service legislation work of our country.

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