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A Study on Legal System of Floating Charge in International Project Financing

Author: WangHuiLei
Tutor: LiuHuiRong
School: Ocean University of China
Course: International Law
Keywords: International project financing Financing projects Project assets Floating charge Floating collateral
CLC: D913
Type: Master's thesis
Year: 2007
Downloads: 187
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Abstract

Since the 1940s, project financing as a new means of financing on a global scale has been widespread use, while China since the mid-1980s, the introduction of the first of BOT projects, project financing in China's petrochemical, power, transportation and other fields has also been widely used. However, due to its special financial structure and management than the traditional means of financing, project financing is facing more and bigger risks. Therefore, how to make full use of various form of a guarantee to reduce and thus to prevent risks in project financing has become one of the focus on consideration of the project lenders in the international project financing. Project financing in the form of a guarantee is divided into several types of security interests in credit guarantees, floating charge. Which floating charge have flexible system value and other guarantees do not have the superiority, which has become widely accepted in project finance. Taking into account the natural connection between the floating charge with the international project financing, starting from the introduction of international project finance system, the floating guarantee system in the context of project financing, analysis of the characteristics of the floating charge system, the superiority and limitations, and explore floating guarantee connotation of the system. In view of the institutional floating charge in a legal vacuum, looking for our country can learn from comparative studies and issues related to the legal system in the UK, USA, Japan floating charge on the examination of the situation of our country, to explore how to structure floating guarantee the future of China's legal system. In addition to the introduction and conclusion, this paper is divided into four chapters: the first chapter: international project financing and international project financing guarantee system. This chapter first introduces the concept of international project financing, then compare international project financing with the traditional international financing, explained to generalize the main features of the international project financing. Finally, the international project financing is directly related to the success or failure of the international project financing guarantee system, and pointed out the important role of the guarantee system in the international project financing as a major connecting point. Several international project financing by way of security were to be introduced, which leads to the body - Floating guarantee. Chapter II: International project financing floating guarantee. In this chapter, the the floating security issues in the international project financing in the first chapter of the last part of the floating charge surfaced. This chapter introduced the concept of floating charge A summary of the salient features of a floating charge is different from the other by way of security, then a reasonable analysis of the advantages and limitations of the floating charge dialectical way of thinking, clearly pointed out the superiority is Floating Security System of the mainstream and is widely used in international project finance roots. Chapter III: floating guarantee legal system (mainly in the UK, USA, Japan, for example). This chapter from the setting of the floating charge, registration, negative in terms of the guarantees in the floating charge and floating charge four, the English law, the provisions of U.S. law and Japanese \provides a useful reference for the future of floating guarantee legal system, on the other hand, the analysis of specific issues, fully reveals floating charge system operating mechanism below the future of floating charge legal system in China to build laid the foundation. Chapter 4: floating guarantee the future of China's Legal System. This chapter begins with two levels of practice and legislation introduced the status quo of China's floating guarantee system, and in-depth analysis of the floating guarantee system in our country are facing property rights theory, security law, the registration system and foreign exchange management barriers, and then combined with China the actual situation of the rough ideas floating guarantee the future of China's Legal System.

A Study on Legal System of Floating Charge in International Project Financing

Abstract

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