Accounts Receivable Pledge Legal Issues Research

Reform is one of the largest bonuses, the development of China’s economicdevelopment, the innovation of legal system, the concept of accounts receivable inaccounting there is already a long time, but the law level, in front of the property lawpromulgated, is still a blank field property law promulgated, the accounts receivableas a formal legal concept was known by people, for this new way of securedfinancing, people there are a lot of questions and concerns, then what is the accountsreceivable, what is the accounts receivable pledge has become a problem we have todiscuss that.As is known to all, small and medium-sized enterprise’s development isconducive to China’s economic development and labor employment, the governmentalso attaches great importance to the development of small and medium-sizedenterprises, but financing difficulties has become the largest hinder the developmentof small and medium-sized enterprises, the CCTV had special report of zhejiangsmall guarantee the development of the company, explore the new way to small andmedium-sized enterprises financing, but according to estimates, the majority of smalland medium-sized enterprise total assets such as accounts receivable and inventorymovables, including accounts receivable amount to billions of yuan, but a lot ofaccounts receivable didn’t play a proper role, property law promulgated formally afterthe accounts receivable of the pledge was first defined as enterprises, after the pledgeregistration may apply for a loan to the bank. At present, the bank of China, bank ofcommunications, agricultural bank, and other financial institutions have specificdetailed rules for the implementation of pledge of accounts receivable, companies areinvolved in the exploration of pledge of accounts receivable, such as accountsreceivable pledge loan for wal-mart suppliers, alipay as a third party paymentcompany try to use the accounts receivable pledge for its business loans. Therefore,the study of accounts receivable pledge to guide small and medium-sized enterprises to explore new financing channels, to promote the vigorous development of marketeconomy in our country.Is the main purpose of this article is aimed at law of pledge of accountsreceivable, to explore how to understand and apply relevant laws and regulations, inorder to give full play to the role of the accounts receivable pledge financing. Becauseof property law on provisions of pledge of accounts receivable is more rough, practiceis also exist many questions in the process of the emergence of a new venture, evenmany accounts receivable pledge phenomenon, it is necessary to clarify on the law,this paper tries to compare and normative analysis in the literature at home andabroad, made clear our country law in the sense of the concept of accounts receivable,accounts receivable pledge is essentially is a kind of creditor’s rights guarantee withthe properties of another kind of creditor’s rights, accounts receivable pledge right isone of the real rights for security, the pledgor to accounts receivable for the pledgemark to the bank or financial institution and is dealt with register to get a loan, inorder to solve the shortage of funds of enterprises, meet the needs of production andoperation. Concrete analysis of several types of accounts receivable under specialcircumstances, and points out that the receivables include accounts receivableexisting and future accounts receivable, and accounts receivable collection right intothe future, discusses prohibits the transfer of the accounts receivable and accountsreceivable of special subject as the proper object of pledge of accounts receivable.Brief analysis of the public choice and the effectiveness of pledge of accountsreceivable in our country, by comparing with other countries the public mode ofdifferent public model suitable to China’s national conditions, China’s property law onthe effectiveness of the accounts receivable involves very few, and accountsreceivable pledge has its particularity, the third the qualification status of the debtor,the performance of the ability to directly affect the rights of the pledgee, andaccording to the relativity of contract, the third debtor is not accounts receivablepledge contract of the parties, then the accounts receivable pledge of third debtorwhether effect, have what kind of effect is what this article is to analysis the problem.Accounts receivable pledge is involved in multiple interests, would inevitablyproduce all sorts of conflicts of interest, this paper found that the balance and repeat pledge pledge of rights conflict, the pledgee and accept after the transfer of accountsreceivable creditors rights conflict, the pledgee and the floating mortgagee rightsconflict between the interest subjects through perfecting the accounts receivable andrelated supporting system, solve the right conflicts, better protection of transactionsecurity, safeguard the interests of all parties, can make the accounts receivablepledge is the real use by small and medium-sized enterprises, perfect the laws andregulations and practice of operating some in plain view is put forward.