Don't belong.
Contingent liabilities mainly include bills receivable discount or endorsement transfer, debt guarantee and product quality guarantee.
Payment transfer refers to the transaction in which the transferor transfers the creditor's rights formed by the loan already issued to the borrower to the transferee. Not contingent liabilities.
Is loan transfer the same as loan sale?
different
(1) Direct "loan sale" means that the bank directly sells the loan contract that has been issued to the new creditor to obtain funds. After the sale of the loan contract, the change in the balance sheet of the bank means that the total loan amount of the asset side and the total loan amount of the debtor side decrease at the same time, or the high-risk loan assets of the asset side decrease and the risk-free cash assets increase. In the direct loan sales business, most of the loans sold by banks are short-term loans within 90 days. After the contract is sold, the seller's bank generally does not provide the buyer with after-sales services such as charging interest to the borrower, and the buyer can also save the credit evaluation fee of the direct loan by purchasing the loan contract. (2) Indirect loan sale refers to the securitization of loans by banks. Sell creditor's rights. In the process of selling indirect loans, banks provide loans to borrowers by issuing loan vouchers. This kind of loan certificate is actually the mortgage and guarantee of the borrower, which has the nature of commercial paper and can be circulated and transferred. Banks can sell such loan certificates to other investors in the market to raise the required funds.
What are the ways to transfer the loan creditor's rights?
The ways to transfer the loan creditor's rights are: decentralized transfer and centralized transfer; Resolving non-performing loans through the market-oriented operation of financial asset management companies; Transfer, repurchase and buyout of creditor's rights. The assignment of creditor's rights may be negotiated by the parties concerned, and the debtor shall be informed of the assigned creditor's rights. According to Article 547 of the Civil Code, if a creditor transfers his creditor's right, the assignee obtains the subordinate rights related to the creditor's right, except that the subordinate rights belong exclusively to the creditor. The transferee's acquisition of subordinate rights is not affected by the failure to go through the transfer registration formalities or transfer possession of subordinate rights. Article 547 of the Civil Code Where a creditor assigns his creditor's rights, the assignee obtains the subordinate rights related to the creditor's rights, except that the subordinate rights belong exclusively to the creditor. The transferee's acquisition of subordinate rights is not affected by the failure to go through the transfer registration formalities or transfer possession of subordinate rights.
Can the creditor's rights of the loan be transferred?
Under normal circumstances, as long as the debtor is notified, the creditor's rights of the loan can be transferred. According to Article 545 of the Civil Code, which came into effect in 202 1, the creditor may transfer all or part of his creditor's rights to a third party, except in one of the following circumstances: (1) The creditor's rights shall not be transferred according to the nature of the creditor's rights; (two) according to the agreement of the parties shall not be transferred; (3) It shall not be transferred according to law. If the parties agree that the non-monetary creditor's rights cannot be transferred, they may not confront a bona fide third party. If the parties agree that the creditor's rights are not transferable, they may not oppose a third party. Article 546 stipulates that if a creditor transfers its creditor's rights without notifying the debtor, the transfer shall not be effective for the debtor. The notice of assignment of creditor's rights shall not be revoked, except with the consent of the transferee. Article 545 of the Civil Code of People's Republic of China (PRC) * * * Creditors may assign all or part of their creditor's rights to a third party, except in one of the following circumstances: (1) According to the nature of the creditor's rights, they may not assign them; (two) according to the agreement of the parties shall not be transferred; (3) It shall not be transferred according to law. If the parties agree that the non-monetary creditor's rights cannot be transferred, they may not confront a bona fide third party. If the parties agree that the creditor's rights are not transferable, they may not oppose a third party. Article 546 of the Civil Code of People's Republic of China (PRC) * * * If the creditor transfers its creditor's rights without notifying the debtor, the transfer shall not be effective for the debtor. The notice of assignment of creditor's rights shall not be revoked, except with the consent of the transferee.