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On our pledge of accounts receivable risk prevention

Author: SunRui
Tutor: LiuZhiHui
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Receivables Pledge Risk prevention
CLC: D923.2
Type: Master's thesis
Year: 2011
Downloads: 85
Quote: 0
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Abstract

March 16, 2007, the fifth session of the Tenth National People's Congress enacted the Property Law of the People's Republic of China \The scope of the collateral, the debtor can pledge enjoyed compliance claims. Accounts receivable and inventory of mostly small and medium enterprises are mainly owned property, the total volume of large enterprises urgently need to use accounts receivable financing guarantees and reduce transaction risks. \Subsequently, receivables issued by the People's Bank of China pledged to further clarify the pledge of accounts receivable of specific operational rules, application procedures, and the establishment of a unified registration for public Internet publicity system. However, due to the above legislation does not give the pledge of accounts receivable Unlike other security interest in some of the characteristics of the attention it deserves, the cause of the current pledge of accounts receivable, both at the institutional level and a practical level, there are some fundamental The nature of the defect, Despite the publicity pledge registration, and are often unable to quickly and efficiently implement a security interest in the phenomena can not guarantee the pledgee rights realization. Theorists of the Credit Information Center of Public Registry System is how to improve the implementation details, \The author believes that the pledge of accounts receivable system in order to ensure financing and transaction security to guard against all kinds of risks, continue to meet our current social situation and the actual needs of the system and sound system, with a strong sense of the need for and urgency. In this paper, the theoretical analysis and empirical analysis, comparative study of research methods and logical reasoning, the risk of trying to integrate our pledge of accounts receivable process, learn from the experience of other countries or regions, put forward a sound system of pledge of accounts receivable and Prevention the receivables pledged risks specific countermeasures. In addition to the introduction and conclusion, the text is divided into three sections. The first part of the main effects of the legislation and practice of the status quo of China's pledge of accounts receivable, summarized and presented the main problems existing. A concrete manifestation of the second part of our pledge of accounts receivable risk, sources of risk in the pledge of accounts receivable divided, that should define the types of risks, depending on the source of risk, different types, different legal measures for risk prevention. The third part of the concrete measures to guard against the risk of pledge of accounts receivable and related legislative proposals put forward should further clarify the connotation and denotation of the receivables, and improve the reform pledge of accounts receivable review, registration, establish receivables registration and retrieval system, the receivables pledged confirmation system and fuzzy (keywords) and fast implementation of the pledge of accounts receivable program in order to save the cost of justice. I also suggested that the credit system of the People's Bank of China, provide escrow services, solve the solvency problems of the repayment period of the liquidation period and the right quality of the quality receivables are secured claims inconsistent publicity registered receivables pledged; and accounts receivable factoring financing is also included in the accounts receivable publicity registration system, in order to improve the legislation and practice of the pledge of accounts receivable system to guard against the risks that may be present in the pledge of accounts receivable process, and promote China's financial the development of the market, open up the market to improve the structure of the credit market system, to create a better atmosphere and conditions for the stable operation of the economic activity.

On our pledge of accounts receivable risk prevention

Abstract

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