Research On Prevention Against Legal Risk In Pledge Of Accounts Receivable

Pledge of accounts receivable is a new way of security of "Property Law" to meet the needs of China’s economic activity in secured transactions and established. Based on accounts receivable generated by the complexity and particularity of their own pledged accounts receivable, there are various legal risks pledge of accounts receivable process. Since accounts receivable pledge imperfect laws and regulations, China has not yet established the legal risks pledge of accounts receivable and effective prevention system. Correct understanding of the accounts receivable pledge and effectively guard against legal risks, pledged accounts receivable system is effective in secured transactions practice, widely used key, fully functional for pledged accounts receivable system to meet the enterprises, especially SMEs in the production and management of financing needs, the promotion of China’s economy healthy and sustainable development of great significance. Accounts receivable pledge in risk prevention is a three-dimensional, multi-level systems engineering, not only need to improve the legal system from the macro level of risk prevention and control, also requires sound practices from the micro level of risk prevention. On the macro level, should scientific definition of the legal concept of accounts receivable, improve accounts receivable pledgor debtor notification rules, improve accounts receivable pledge registration system; the micro level, the two sides should fully investigate the accounts receivable transactions the pre-credit situation, careful selection and thorough investigation collateral subject, accounts receivable pledge contract specifications, to strengthen the tracking and management of accounts receivable pledged.