The Research On Risk Prevention For Financing System Of Accounts Receivable Pledge

As a new way of security,financing system of accounts receivable pledge becomes more and more important in the modern society because of its reflection of contemporary property law to take advantage of value-centric trend. However, our system of the pledged accounts receivable is lagging.And there are many inadequacies in it .So it is urgent to improve for us. Accounts receivable is a contractual claim. In essence,the system of the pledged accounts receivable is a secured creditor to another creditor of the implementation.Financing system of accounts receivable pledge coexist the risks and opportunities because of this reason.About the methods of accounts receivable financing,thereare three types: financi-ng by accounts receivable transferred, financing by accounts receivable secured and asset securitization. Our country, legislation model of "Property Law" is financing by accounts receivable pledge secured .The right of accounts receivable pleging is one of the right of the right pledging.So its effectiveness is similar to the effectiveness of the right quality.But because of the particularity of accounts receivable,the quality of accounts receivable has a number of different places form the quality of the right, for example its priority for repayment,the transferring quality and the right of quality preservation .In our country, the legal provisions,company credit system and financial system are not perfect.Also the pledge of accounts receivable has its own particularity. So the system of accounts receivable pledging is full of risks.From the point of subject, how to determine the value of the subject ,the right flaw, Limitation of actions of accounts receivable,diversification of accounts receivable and untransferred are also to face for pledger; From the point of basic contract, pledger may face the contract may be null,void and changed ;pledger must know how to deal with the risks when the debtor of accounts receivable exercise right of set-off risk; From the point of parties' credit, the pledgee may encounter the risk of quality persons' fraud and mismanagement. We must cope with risks. From the perspective of strengthening the enterprise's credit, it is necessary to improve laws and regulations about the enterprise's credit and set up punishment mechanism promises enterprises and enterprise credit monitoring mechanism. From the point of risk transferring, it is necessary to actively explore the combination of banking and insurance business and carry out assets securitization to spread the risks. From the point of the specific operation, banks are required to continuously improve the pre-loan management, let the loan affirmed and strengthen Post-lending Management.