1, the legal risk of the limitation of the scope of pledge of rights

The object of right pledge should be the right with property content, and the right without property content cannot be transferred and the repayment of creditor's rights cannot be guaranteed.

Article 223 of the Property Law stipulates that the debtor or the third party has the right to choose pledge: (1) draft, check and promissory note; (2) Bonds and certificates of deposit. (3) Warehouse receipts and bills of lading; (4) Transferable fund shares and interests; (five) the right to exclusive use of registered trademarks, patents, copyrights and other transferable intellectual property rights; (6) Accounts receivable; (7) Other property rights that can be pledged according to laws and administrative regulations.

Therefore, before the loan is pledged, we must choose carefully and comply with the law, otherwise the loan will not be available. Or muddle through immediately, leading to disputes in the future, which will also have a negative impact on the loan qualification and credit rating of enterprises, thus increasing the difficulty of refinancing of enterprises.

2. The legal risk of incomplete procedures for pledge of rights.

There are different procedures for choosing different rights pledge, and enterprises must pay attention to this problem.

(1) Where a bill of exchange, cheque, promissory note, creditor's right, deposit slip, warehouse receipt or bill of lading is pledged, the parties concerned shall conclude a written contract. When the right certificate is delivered to the pledgee, the pledge is established; If there is no certificate of rights, it shall be established when the pledge management department handles the pledge registration.

(2) Where a transferable fund share or equity is pledged, the parties concerned shall sign a written contract. If the fund share or the equity registered by the securities registration and settlement institution is pledged, the pledge right shall be established when the securities registration and settlement institution handles the pledge registration; Where other equity is pledged, the equity shall be established when the administrative department for industry and commerce handles the pledge registration.

(3) Where the property rights in the transferable intellectual property rights such as the exclusive right to use a registered trademark, patent right and copyright are pledged, the parties concerned shall conclude an appearance contract. The pledge right shall be established when the relevant competent department handles the pledge registration.

(four) the pledge of accounts receivable, the parties shall conclude a written contract. When the credit reporting agency handles the pledge registration, the pledge right is established.

3. The legal risk of insufficient pledge value of rights.

Before the pledge of rights is established, the right and property should be evaluated by a statutory evaluation institution. There are many kinds of pledge of rights, and many new types of pledge of rights have no unified basis for value evaluation, such as charging rights, which are greatly influenced by policies and have many variables and uncertainties, so it is difficult to make an accurate evaluation of their actual or potential values.

In order to obtain more loans, some enterprises use various means to improve the value of collateral; Some intermediary evaluation agencies do not regulate competition and also participate in false evaluation. The insufficient value of the pledged property becomes the biggest risk point of the pledged loan.

Therefore, in order to ensure that the loan can be recovered in full and on time, banks cannot accept false assessments. Therefore, the false evaluation of the pledge can easily lead to the failure of the enterprise financing plan.