Analysis Of Floating Charges In Case Of Commercial Bank Credit

Floating charge as a unique way of security, it originating from the United Kingdom’s equity, which broke through the traditional principles of property rights theory, the real rights for security by the preservation function to Allocate funds feature development, play an invaluable role in expansion of corporate finance, after more than100years of practice, the system not only in the United Kingdom make great development, and by many national transplantation for reference. In China in2007by of real right method under in the introduced has the system, perfect has in China of guarantees system, not only for SMEs of financing activities opened up has new of way, and for Bank brings has new of opportunities and challenge, however in China real right method under in the on movable floating mortgage system of some legislative provides relative simple, makes in China movable floating mortgage system cannot in bank credit business practice in the real are more effective of implement using, difficult to real of promote enterprise financing to promote economic development.This article by some floating charges in case of bank credit analysis, reflected the inadequacies of the floating charge system in China through drawing lessons from foreign advanced experience in legislative, to perfecting the system of floating charges, eventually making the system more actionable, thereby fostering economic development in corporate finance services played an important role. This study consists of the following four parts:The first chapter Introduction to the case and the legal issuesFirst introduced several floating charges in case of commercial bank credit, for basic facts and related issues for a brief description, followed by simple analyses of issues related to legal cases.The second chapter China’s commercial bank credit analysis on defects of floating charge systemFloating charges in China is not perfect, the system itself has a lot of flaws, the Act on the system of real right in China with only three simple principles-summary of the provisions, it does not make a relatively perfect system; Improvement and innovation of the floating charge system, is a very important issue. This chapter analyzes movable shortcomings of the floating charge system in China.The third chapter foreign experience on floating charge systemThis section focused on comprehensive review of legislation in foreign countries the provisions of national law on floating charge system. By understanding foreign floating charge system of legislation recognizing the shortcomings of the floating charge system in China Specifically in common law countries of United Kingdom and the United States, and the continental law system countries Japan and Scotland on the floating charge system of regulations, so that China can learn from the advanced national legislative experienceThe fourth chapter Legislative recommendations of the floating charge system in Chinese commercial bank creditThis section is about perfection of the floating charge system in Chinese commercial bank credit, and makes recommendations for legislation on improving floating charge system in China. By drawing lessons from foreign advanced legislative experience, combined with China’s actual conditions relating to legislative proposals to improve floating charge system in China Established subject to the floating charge system, scope, setting up, registration system and priority rank, and receiver systems make proposals in theory, to form the basic framework of China’s floating charge system, makes floating charge system to better serve the financing activities, to promote economic development.