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On Risks And Prevention Of Pledge Of Accounts Receivable

Posted on:2009-07-14Degree:MasterType:Thesis
Country:ChinaCandidate:X L YangFull Text:PDF
GTID:2189360272471517Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The pledge of accounts receivable is a kind of creditors' right financing. In the foreign country, it has been widely used. However, in our country, it only makes the first step. How to perfect the relevant regulations in order to provide a free and safe environment for the accounts receivable financing is quite important. Especially how to prevent the risks while using pledge of accounts receivable is the most important factor. So I believe that the study on this subject is meaningful both in theory and practical aspect.Except the introduction and the conclusion, this thesis consists of five chapters, mainly discussing the conception of accounts receivable and pledge of accounts receivable, the practice and the value of pledge of accounts receivable, the risk of pledge of accounts receivable in practice both in law and in practice, the advice and the method of prevent these risks.The first chapter is about the general of accounts receivable and pledge of accounts receivable. There are many diffenrences between accounts receivable in accounting and in law, not all of the latter can become the subject matter of pledge of accounts receivable and it must meet some requirement. In addition, although some scholars point out in fact, the pledge of accounts receivable and the assignment of accounts receivable belong to the same system, they are different in many aspects, including the nature, the functioning mechanism ,the risk born, the benefits and the effects, and so on.The second chapter is about the practice and the value of pledge of accounts receivable. Firstly ,I describe the process of pledge of accounts receivable by using some tables. Secondly I disply the pledge of accounts receivable which has been practiced in commercial banks in our country. Thirdly, I discuss the main character of pledge of accounts receivable from the experience of my work. Finlly, pledge of accounts receivable is practically important in encouraging the development of middle and small enterprises, and in broadening the business scope of financing institutions. It can play a greater role when it can operate in coordination with relevant regulations.The third chapter is about analysis of the risks of pledge of accounts receivable in practice both in law and in practice. This chapter displays many kinds of risks which may appear in pledge of accounts receivable from the view of commercial bank,the debtor and the the third debtor. How to prevent and get rid of these risks is the key factor in stipulating the legal system of pledge of accounts receivable. The analysis of some typical kinds of risks is also the contend of this chapter.The forth chapter is about the advice and the methods of preventing these risks. For example, we can construct of the registration systems which can embody high efficiency. Credit information agency has been chosen to registration institution in property law and this formula is feasible. It also should be stipulated that how to enact the pledge of accounts receivable. This part is conclusion of my experience of woking practice, hoping that it can be helpful to the development of pledge of accounts receivable.
Keywords/Search Tags:Accounts receivable, Pledge of accounts receivable, Risks in law, Risks in practice, Methods of prevention
PDF Full Text Request
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