Pledge Of Accounts Receivable To A Number Of Legal Issues

The pledge on account receivables is a new kind of pledges stipulated by the Real Right Law of the People's Republic of China. As the characteristics and inherent risks of the account receivables, traditional methods such as delivering of the certificate of credit's right and informing to the third-obligor can not reach the purpose of announcing the right, and also can not prevent from various risks. Therefore the Real Right Law of the People's Republic of China stipulates that the pledge on account receivables must be registrated, and appoints the credit rating institution as the registration department. The People'Bank of China had promulgated " Measures for the Registration of the Pledge on Account Receivables " and "Operating Regulations for the Registration of the Pledge on Account Receivables, at the same time, started using the electronic registrating system to registrate the pledge on account receivables to build up the registrating system for the pledge on account receivables preliminarily. However, several defects have been found in this system, such as registration operated by the pledger himself, formal examination weakens the administrative function, obligations of the obligor of the receivables are not clear, all those make the registration can not exert its function to prevent the pledge right well in practice.Chapterâ… is based on the concept, characteristics and risks of the pledge on the receivables, then the author comments on the necessities of the permission of the pledge on receivables in our country from the legal basis and practical significance. Chapterâ…¡of this dissertation makes a comprehensive comparison of the pledge on receivables and the factoring as financing ways, and analyses the differences and contacts between these two ways in detail, then puts forward the inspirations from the factoring, which is important to improve the system of the pledge on receivables. Chapter III focuses on the announcing of the pledge on receivables, including necessities, methods, enforcements and announcing department. In Chapter IV, The author affirms the announcing system of the pledge on receivables, and analyses the defects of this system simultaneously, then puts forward some suggestions in improving this system.