On The Commercial Banks Pledge Of Accounts Receivable Financing Risks And Prevention

This thesis represents the risks to commercial banks generated by account receivable mortgage, one kind of method of financing guarantee, and comes up with some corresponding measures of risk prevention.The regulation of account receivable mortgage in Property Law and some regulation in Measures for the Registration of Account receivable Mortgage put in place by PBOC provide the rest on law to banks who deal with account receivable financing. Hence, there is one more kind of method of financing guarantee which further and widely develops the financing business of commercial banks, at the same time, widens the range of property provided by corporate for financing guarantee, makes corporate use the abundant account receivable of corporate efficiently, further promoting the development of corporate. It could be thought that account receivable as the mortgage target with the support of law makes banks and corporate have one more opportunity to achieve double wins. However, with the situation that many banks in China are not mature yet on the operation institution of account receivable financing business and practical experience is mot much, the legislation of account receivable still needs complement.The first chapter in this thesis is an overview of account receivable mortgage financing. Firstly, this chapter analyzes the defining of account receivable from two points of view-accounting and law, summarizing the definition of account receivable in this thesis:The payment request right is without the representative of circulation bill or bond and the exclusive properties, with which the person has right to claim to the person with obligation for some specific amount which is present or future. Secondly, this chapter tells the meaning of account receivable mortgage financings, analyzing the features that account receivable mortgage possesses, the difference between account receivable mortgage and factoring, the difference between account receivable mortgage and other mortgage of property rights, the significance of the legislation of account receivable mortgage to commercial banks. It also analyzes the two important conditions of setting up the property right of account receivables:the contract of account receivable mortgage and the signing of agreement of the registration of mortgage or the registration of mortgage.Thirdly, this chapter summarily descript the status of account receivable mortgage financing of all countries. At the end of this chapter, it introduces the common process of account receivable mortgage financing of Chinese commercial banks.The second chapter in this thesis analyzes the risks that commercials banks may face when carrying out account receivable mortgage financing from several aspects of risk source such as the mortgagor, the pawnee who is commercial bank, the debtor of account receivables, the legislation. Risks coming from the mortgagor mainly are the untruth of account receivables, the mortgagor lacking of the ability to pay debt, the mortgagor changing the path of received payment of account receivable without permission. Risks coming from commercial bank itself mainly are the risks resulted because the investigation before loan is not strict, the supervision risk of the account of received payment, the information asymmetry risk and the insider morality risk.Risks coming from the debtor of account receivable mainly lies in the situation that the debtor changes the path of payment with mortgagor, maliciously evading the repayment of bank loans, or the inability of repayment, the exercise of defense right or the offset right.The last part of second chapter analyzes the defect existing in legislation and registration institution of account receivable may bring risks to account receivable mortgage financing of commercial banks.The third chapter in this thesis brings forward the measures of risk prevention to the risks referred to in the second chapter. It is mainly divided into two parts. One part is the measures of risk prevention of commercial banks, including the risks prevention resulted from the mortgagor(the borrower), the debtor of account receivables, the commercial bank itself. The other part is the correlated legislation perfection to account receivable mortgage. The correlated legislation perfection of law and regulation not only contributes to the risk prevention of account receivable mortgage of commercial banks, but also promotes the sound development of it.