Mining right mortgage loan

First, the theoretical basis of mining rights

Mineral resources refer to natural resources formed by geological processes, which are solid, liquid and gaseous, and have utilization prices. Mineral resources belong to the state, and the state ownership of surface or underground mineral resources does not change with the difference of land ownership or use right to which mineral resources are attached.

With the establishment and improvement of the socialist market economic system, great changes have taken place in China's mining policy and market, among which the gradual development and improvement of the exploration and mining rights market is a very prominent change.

Exploration right and mining right are a kind of property right, which is the property or assets of mining enterprises. We should manage and operate according to the property or assets, and strive to make it inviolable and non-draining, so as to maintain and increase the value and maximize the economic benefits. Exploration and mining rights can be sold, contributed at a fixed price, cooperated (prospecting and mining), leased and mortgaged, which is also an asset management and capital operation. Mineral resources are attached to exploration and mining rights, that is, if you want to explore or develop a certain mineral resource, you must first have the exploration and mining rights of the place and occupy the resource.

Exploration right and mining right are the possession and use right of mineral resources, a kind of physical property and a usufructuary right.

Two, mining rights can be mortgaged according to law.

1996, an important amendment to the mineral resources law of People's Republic of China (PRC) is to delete the clause that "mining rights shall not be bought, sold, leased or mortgaged". And clearly stipulates that "the exploration right can be transferred to others." Article 27 of the Regulations of Fujian Province on Mineral Resources stipulates: "The prospecting right holder may transfer the paid prospecting right by means of transfer or contribution at a fixed price. The mining right holder may transfer the mining right obtained with compensation through sale or investment at a fixed price, or lease or mortgage the mining right obtained with compensation. " Regulations on the Management of Mineral Resources in Guangdong Province: "The exploration right and mining right are obtained by application or bidding, and can be transferred, leased or mortgaged if they meet the requirements of relevant laws and regulations." The mining laws of neighboring countries in China also stipulate that mining rights can be mortgaged.

Third, the value of mining rights.

The value of mining rights can be determined by evaluation, and the evaluation methods generally include income method, cost method and market method, which vary with the degree of resource exploration attached to mining rights. For mining rights and exploration rights with a high degree of exploration, the expected future income of mining rights is generally estimated by income evaluation; The exploration right with low exploration degree generally adopts cost method, which is related to the exploration cost and the utility of geological and mineral information obtained by exploration; Market method is generally implemented in areas where the market for exploration and mining rights is relatively developed, and it is a kind of comparison pricing method.

A mining company in Dehua has a mining right certificate approved by Fujian Provincial Department of Land and Resources, and the mining right certificate is valid for 20 years. An accounting firm in Quanzhou evaluated the value of the company's mining right, and the value of the mining right and its affiliated development system was 665,438 yuan +0.38 million yuan.

Four. The operability of mining right mortgage

Internationally, it is generally stipulated in the civil law that mining rights are regarded as real property rights, and the attributes of real property rights are applied mutatis mutandis.

The "Mining Law" of Taiwan Province Province clearly stipulates that mining rights are regarded as real rights, and unless otherwise stipulated in this Law, the provisions of various laws on real estate shall apply mutatis mutandis.

The Regulations of Fujian Province on Mineral Resources stipulates that if a mining right holder applies for mining right mortgage, he shall submit a mining license and a report on the current situation of mine development and operation to the mortgagee. The mortgagor may consult with the competent department of Geology and mineral resources. At the same time, it is stipulated: "A mortgage contract shall be signed for the mortgage of mining rights. Both parties to the mortgage shall, within 30 days from the date of signing the mortgage contract, go through the formalities for filing the mortgage of mining rights with the mining license and the mortgage contract to the county-level competent department of geology and mineral resources where the mining area is located. When the mining right is mortgaged, the mining facilities within the mining area are mortgaged accordingly. " If the mortgagor fails to pay off the debts due or declares dissolution or bankruptcy during the mortgage period, the mortgagee has the right to dispose of the mortgaged property in accordance with laws, regulations and the mortgage contract, and enjoys the priority of compensation.

Guide to credit review: "The mortgage registration department of mining rights is the competent department of geology and mineral resources that approves and issues exploration licenses and mining licenses".

Guide to legal review: "(1) Exploration right and mining right are collectively referred to as mining right, which is applicable to the adjustment principle of real estate laws and regulations. (2) The leased mining right shall not be mortgaged. (3) When the mining right is mortgaged, the mining right holder shall go through the examination and approval registration formalities at the original issuing authority with the mortgage contract and mining right license. (4) The mortgage contract shall stipulate the remedial measures after the mining right license is revoked. " This is an internal document of the bank, and the mining right can be used as a loan collateral.

To sum up, the mortgage of mining rights is feasible, legal and compliant, with both theoretical basis and strong operability.

A mining company in Dehua has a mining right certificate approved by Fujian Provincial Department of Land and Resources, and the mining right certificate is valid for 20 years. According to the evaluation of mining right value by Beijing Mining Right Evaluation Company, the value of mining right and its affiliated development system is 665,438 yuan +0.38 million yuan. Collateral property rights are clear, mining rights have great market value and good liquidity. The mortgagor and mortgagee, in accordance with the Regulations of Fujian Province on Mineral Resources, have gone through the formalities for filing the mortgage of mining rights with the local competent department of geology and mineral resources (county land and resources bureau) (approved by the Provincial Department of Land and Resources) and reported them to the Mine Management Office of the Provincial Department of Land and Resources for filing.

Five, the legal basis of mining right mortgage

1. mineral resources law

2. Guarantee Law

3. Measures for the Administration of Mining Registration of Mineral Resources (Order No.24/KLOC-0 of the State Council)

4. Detailed rules for the implementation of mineral resources

5. Measures for the administration of geological data

6 "Measures for the Administration of the Transfer of Exploration and Mining Rights"

Six, mining rights mortgage procedures (Ministry of Geology and Mineral Resources)

1. Applicant's application

2. The examination and approval hall accepts the application, registration, acceptance and review.

3. The host office reviews the application materials.

4. The undertaker puts forward the review opinions.

5. Review and review

6. Bureau leaders sign and approve

7. Issue a notice of approval for filing to the applicant.

8. Filing registration and filing opinions.

Seven. Application material

1. mortgage filing application;

2 uncontroversial mining right certification materials issued by the competent department of Geology and mineral resources.

3. Proof materials issued by the mining registration authority that the mortgage applicant pays the mining right use fee and mining right price according to the regulations.

4. Original certification materials on the payment of mineral resources compensation fees issued by the mineral resources compensation fee collection and management authority.

5 resource tax collection and management departments issued by the resource tax payment certification materials.

6. The mining right of mineral land funded by the state, and the certification materials of the mining right value issued by the competent department of Geology and Mineral Resources of the State Council in conjunction with the evaluation institution recognized by the state-owned assets management department of the State Council.

7. Documents approved by the state-owned assets department for mortgage

8. Mortgage contract

9. Copy of the original mining license