Question 2: What's the difference between stock pledge and equity pledge? In layman's terms, equity pledge means taking the stock (equity) held by a "stock holder" as collateral, applying for a loan from a bank or providing a guarantee for the loan of a third party. Equity pledge, also known as equity pledge, refers to the pledge established by the pledgee with its own equity as the pledge subject matter. According to the legal system of guarantee in most countries in the world, pledge can be divided into chattel pledge and right pledge based on its subject matter. Equity pledge is a kind of right pledge. Equity pledge means that the creditor obtains the real right for security of the pledged equity due to the establishment of equity pledge.
Question 3: What is the meaning of equity pledge? Equity pledge is to apply for a loan from a bank or provide a guarantee for a third party's loan by taking the stock (equity) held by me as collateral.
question 4: whether the pledge of shares by shareholders is a good thing or a bad thing cannot be directly judged by the pledge of shares by controlling shareholders. Generally speaking, it is not a bad thing for shareholders to pledge their shares. It may be that the company needs cash flow now, so shareholders pledge their shares to the bank to obtain loans, and then use the money to complete the project. If the project is completed, it will bring rich profits, which is a great advantage. However, this does not determine the trend of the stock in a short time. Many people think that the company may need a loan because the company's operating conditions are not good, and the stock price may fall in a short time, which will become bad. Therefore, it is necessary to refer to other aspects, such as the company's operating conditions.
Pledge of Stock Rights, also known as pledge of stock rights, refers to the pledge established by the pledger with the stock rights owned by him as the pledge object. According to the legal system of guarantee in most countries in the world, pledge can be divided into chattel pledge and right pledge based on its subject matter. Equity pledge is a kind of right pledge. Equity pledge means that the creditor obtains the real right for security of the pledged equity due to the establishment of equity pledge.
Question 5: What does the Pledge of Stock Rights mean? Pledge of stock rights, also known as the pledge of stock rights, refers to the pledge established by the pledgor with the stock rights owned by him as the subject matter of pledge. Tencent Zhongchuang Space takes the subject matter as the standard according to the legal system of guarantee in most countries in the world. It can be divided into movable property pledge and right pledge. Equity pledge is a kind of right pledge. The establishment of equity pledge enables creditors to obtain security interests for pledged shares, which is equity pledge.
China's company law lacks provisions on equity pledge, but the Standard Opinions on Joint Stock Limited Companies, which was implemented before the promulgation of the company law, allows the establishment of share mortgage. The guarantee law introduced after the company law truly established China's pledge guarantee system. It includes the contents about the pledge of shares. For example, Article 75, item 2 of the Guarantee Law stipulates that "shares and stocks that can be transferred according to law" can be pledged, and Article 78 is further supplemented. In addition, on May 28, 1997, the Ministry of Foreign Trade and Economic Cooperation and the State Administration for Industry and Commerce jointly issued "Several Provisions on the Change of Shares of Investors in Foreign-invested Enterprises", which stipulates that investors in foreign-invested enterprises "pledge their shares to other investors with consent" Mortgage refers to the right that the debtor or a third party provides certain property as collateral, and the creditor has the priority to be repaid by discounting the collateral or selling the collateral according to the law. The object of mortgage can be real estate, such as houses, but land ownership cannot be used as collateral; It can also be movable property, such as some special rights such as means of production, means of subsistence or intellectual property rights. During the mortgage period, if the mortgagor transfers the same collateral to others without the consent of the creditor, its behavior is invalid.
pledge means that the debtor or a third party transfers his chattel or title certificate to the creditor for possession, and takes the chattel or title as the guarantee of the creditor's right. When the debtor is unable to perform the debt, the creditor has the right to discount or sell the movable property or right to repay the debt according to law. Article 69 of the Guarantee Law stipulates that the pledgee has the obligation to properly keep the pledged property. Where the pledged property is lost or damaged due to improper custody, the pledgee shall bear civil liability. If the pledgee's failure to properly keep the pledged property may cause its loss or damage, the pledger may require the pledgee to deposit the pledged property, or request to pay off the creditor's rights in advance and return the pledged property.
The difference between mortgage and pledge: (1) The subject matter of mortgage is movable property and immovable property; The objects of pledge are chattels and rights. (2) The mortgaged property does not transfer possession; Transfer and possession of pledge. (3) If the parties concerned can register the mortgage voluntarily, the mortgage contract will take effect as of the date of signing; If the parties do not need to register for pledge, the pledge contract shall take effect from the date of delivery of the pledge or the certificate of rights. (4) If the parties handle mortgage registration, the registration department shall be the corresponding management department of the collateral; Where shares or intellectual property rights are pledged, the parties concerned shall register the pledge with their corresponding management agencies. (5) If the mortgagee has not been paid off at the expiration of the debt performance period, he may negotiate with the mortgagor to discount the collateral or be compensated with the proceeds from auction or sale of the collateral; if the agreement fails, he may bring a lawsuit to the people's court; If the pledgee has not been paid off at the expiration of the debt performance period, he may agree with the pledger to discount the pledged property or auction or sell the pledged property according to law to pay off the creditor's rights.
the similarities between mortgage and pledge are: (1) mortgage and pledge are both security interests; (2) mortgage or pledge contracts should be signed in written form; (3) there is no agreement in the contracts; when the debt expires and the mortgage or pledge is not paid off, the ownership of the mortgage or pledge will be transferred to the mortgagee or pledgee; (4) mortgage. (5) If both collateral and pledge must be registered, the mortgage contract and pledge contract shall come into effect as of the date of registration; (6) The mortgage right and pledge right coexist with their respective secured creditor's rights and disappear at the same time. (7) The mortgage right is destroyed due to the loss of the collateral, and the compensation for the loss shall be used as the mortgaged property; The pledge is destroyed by the loss of the pledged property, and the compensation obtained from the loss shall be regarded as the pledged property. (8) The scope of mortgage guarantee includes principal creditor's rights and interest, liquidated damages, damages and expenses for realizing mortgage; The scope of pledge guarantee includes the principal creditor's rights and interest, liquidated damages, damages, the cost of keeping the pledge and the cost of realizing the pledge. (9), the mortgage discount or auction, sale price exceeds the creditor's rights of the part owned by the mortgagor, the insufficient part by the debtor to make up; The part where the price of the pledged property is discounted or auctioned or sold exceeds the creditor's rights belongs to the pledgor, and the insufficient part is made up by the debtor. (1), regardless of mortgage or pledge, when the debtor fails to perform the debt, the creditor shall have the priority right to receive compensation for the mortgage or pledge at a discount or auction or sale price. (11) When the mortgagor transfers the registered collateral, it shall notify the mortgagee and inform the transferee that the transferred object has been mortgaged. If the mortgagor fails to notify the mortgagee or the transferee, the transfer is invalid; Shares shall not be transferred after pledge, except with the consent of the pledgor and the pledgee through consultation. After the property rights in trademark rights, patents and copyrights are pledged, the pledgor may not transfer them, except with the consent of the pledgor and the pledgee through consultation, and the proceeds from the transfer shall pay off the creditor's rights in advance. (12), collateral does not transfer possession; With the pledge of stock, because the stock market is electronic, there is no need to transfer possession of stock. (13), the mortgagor can use the right to dispose of state-owned land use rights, housing use rights and other rights to set mortgage; The pledgee pledges with bills of exchange, checks, promissory notes, bonds, certificates of deposit, warehouse receipts and bills of lading, shares and stocks that can be transferred according to law, trademark rights, patent rights, property rights in copyright and other rights that can be transferred according to law. ...> >
question 7: whether the equity pledge is good or bad belongs to one of the security interests. The biggest difference between mortgage and pledge is that mortgage does not transfer collateral, but pledge must transfer possession of pledge, otherwise it is not pledge but mortgage. The second big difference is that pledge cannot pledge real estate (such as real estate), because the transfer of real estate is not possession, but registration. The pledge of the largest shareholder's equity is that the largest controlling shareholder of a listed company takes his stock (equity) as collateral, applies for a loan from the bank or provides a guarantee for the loan of a third party. Generally speaking, equity pledge is not necessarily bad, which is a neutral term. If a company needs cash, it can pledge a loan from the bank with shares and use the borrowed money to complete the project, which may be beneficial in itself. However, when such news is usually published, it will lead to a stock decline in the short term, so some people also classify it as bad news!
Question 8: What is the meaning of shareholder's equity pledge? Shareholder's equity pledge generally refers to the stock (equity) held by shareholders as collateral to apply for loans from banks, brokerages and other financial institutions, indicating that 1. Shareholders are short of cash and 2. There may be good projects, depending on the purpose of the loans.
The upper limit of the equity pledge rate of listed companies is generally 6%, which can indirectly judge the bottom of the stock. In addition, the pledged equity cannot be circulated during the pledge period.
question 9: can the company's equity be used as collateral? After reviewing the property law, it is listed that the basic things that can be used as collateral are objects, and there is no mention of right mortgage, only the pledge of rights. Equity should still not be mortgaged. There is no announcement of equity mortgage in daily cases.