Research On Several Legal Issues About Right Pledge Of Account Receivables In Our Country

In countries with developed market economy, use of accounts receivable financing pledge has become an important channel for corporate financing, In fact that the more developed market economy countries, the more developed system of personal property security. It is estimated that SMEs in China about 16 trillion yuan of assets due to legal constraints, can not be used to generate credit guarantee funds. SMEs, more than 70% of the value of assets are accounts receivable and inventory, thus allowing security pledge accounts receivable financing to solve the problem of financing small and medium enterprises of great significance, and thus China's economic development and social stability are of great significance.This paper described the first part of accounts receivable and accounts receivable pledge defined the meaning of financing for SMEs, it is an excellent solution to my dilemma over financing difficulties, and the accounts receivable process and characteristics! First, the overall level of accounts receivable for a systematic understanding! In the second part, about the pledge of our receivables legal issue, section I summarizes the overall level of receivables related to the relevant system, such as the notification system, the most high Pledge, real estate, the right to charge the system. Section II of the article, explain the exercise of the right quality receivables. Section III introduces the receivables involved in the parties rights and obligations, such as pledgee have the priority claim, the right to relief, recovery and escrow rights and the right to recover the rights and bankruptcy. This third part of the main focus on accounts receivable pledging accounts receivable risk prevention and improve the legal system to start. Accounts Receivable services for financial institutions, accounts receivable pledge that there is a lot of risk, which requires banks to develop risk assessment, rigorous auditing, process monitoring, and recovery after the summary, for different types of risks should be taken to a different preventive measures. Risks for the legal system, legislators should further improve the relevant legal system, through credit guarantee system and property law in the accounts receivable pledged to further improve the publicity of the registration system to be solved. To regulate the registration of the right pledge of account receivables, in the interests of the parties involved in this particular practice, under the authorization of Real Rights Law, People's Bank of China has preliminarily established the national registration system for the right pledge of account receivables. The risk prevention and control aspects of the right pledge of account receivables are further discussed and the author also gives some thoughts for further improvement of the registration system for the right pledge of account receivables.