First, the provisions of the Civil Code on the pledge of accounts receivable.
If the accounts receivable are pledged, the pledge right shall be established at the time of pledge registration.
Accounts receivable shall not be transferred after pledge, except that the pledgor and pledgee agree through consultation. The pledgor shall pay off the debts in advance to the pledgee or deposit the proceeds from the transfer of accounts receivable.
Article 446th of the Civil Code stipulates that in addition to the provisions of this section, the pledge of rights shall be governed by the relevant provisions of the first section of this chapter.
2. What is the registration method of accounts receivable pledge?
Pledge of accounts receivable belongs to pledge of rights. Where accounts receivable are used as collateral, the pledge right shall be established when the credit reporting agency handles the pledge registration.
1, securities. Where a bill of exchange, cheque, promissory note, bond, deposit slip, warehouse receipt or bill of lading is pledged, the pledge shall be established from the date of delivery of the title certificate; If there is no certificate of rights, the pledge will be established when the relevant departments handle the pledge registration.
2. Fund shares and rights and interests. 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 shares are pledged, the pledge right shall be established when the administrative department for industry and commerce handles the pledge registration.
3. Property rights in intellectual property rights. The pledge right shall be established when the relevant competent department handles the pledge registration.
4. Accounts receivable: registered and established. When the credit reporting agency handles the pledge registration, the pledge right is established.
Third, the difference between pledge and mortgage.
The fundamental difference between pledge and mortgage lies in whether to transfer the possession of collateral.
Mortgage is not carried out in the form of transferring the possession of collateral, and the mortgagor is still responsible for the custody of collateral; Pledge has changed the form of possession of pledged property, and the pledgee has the responsibility to keep the pledged property.
Generally speaking, the mortgagor shall be responsible for the damage or value reduction of the collateral, and the pledgee shall be responsible for the damage or value reduction of the collateral.
Creditors have no direct right to dispose of the collateral, and need to negotiate with the mortgagor through prosecution or complete the disposal of the collateral after a court decision; The pledgee may dispose of the pledged property beyond the time stipulated in the contract without consultation or court judgment. Pledged loans are the same as mortgage loans.
Legal objectivity:
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 intellectual property rights such as the exclusive right to use a registered trademark, patent right and copyright; (6) Existing and future accounts receivable; (7) Other property rights that can be pledged according to laws and administrative regulations.