1. The process of equity pledge is complicated. First, the borrower signs an equity pledge agreement, and then provides relevant materials to the lender. The two parties sign a pledge contract, then the two parties register the equity pledge in the industrial and commercial bureau, and finally the lender handles the loan according to the loan contract.
2. Legal basis: Article 440th of the Civil Code of People's Republic of China (PRC).
The following rights that the debtor or a third party has the right to dispose of may be pledged:
(1) Bills of exchange, promissory notes and checks.
(2) Bonds and certificates of deposit.
(3) Warehouse receipts and bills of lading.
(4) Transferable fund shares and equity.
(5) Transferable exclusive right to use a registered trademark, patent right, copyright and other intellectual property rights;
(6) Current and future accounts receivable;
(7) Other property rights that can be pledged according to laws and administrative regulations.
Second, the channels of equity pledge financing
1, organized by means of fake stocks and secret loans. As the name implies, the so-called fake stock secret loan means that investors invest in projects by means of shares, but actually do not participate in project management. Withdraw shares from the project at a certain time;
2. The financing method is bank acceptance bill. The investor transfers a certain amount (such as 1 100 million yuan) to the company account of the project party, and then immediately asks the bank to open a bank acceptance draft of 1 100 million yuan. Investors take away bank acceptance bills;
3. The financing method is direct deposit. This is the most difficult financing method. Because direct deposit violates the regulations of banks, the relationship between enterprises and banks must be particularly good. The investor shall open an account in the bank designated by the project party and deposit the specified amount into his own account. Then sign an agreement with the bank. Promise that the money will not be misappropriated within the specified time. According to this amount, the bank provides loans less than or equal to the same amount to the project party;
4. The fourth financing method is that large pledged deposits are bank letters of credit. The country has a policy that a bank letter of credit issued by a global commercial bank (such as Citigroup) that agrees to finance an enterprise is regarded as having the same amount of deposit in the enterprise account. In the past, many enterprises used this bank letter of credit to circle money;
5. The financing method is entrusted loan. The so-called entrusted loan means that investors set up a special fund account for the project party in the bank, then transfer the funds into the special fund account and entrust the bank to lend money to the project party. This is a relatively easy form of financing;
6. The financing method is direct payment. The so-called direct payment is direct investment. Such strictly examined projects often require fixed assets mortgage or bank guarantee. Interest is also relatively high. Mostly short-term. The lowest personal contact is the annual interest of 18. Generally above 20;
7. The financing method is hedge fund;
8. The financing method is loan guarantee.