Pledge of accounts receivable of legal risk research
|School||Kunming University of Science and Technology|
|Course||Environmental and Resources Protection Law|
|Keywords||Accounts Receivable Pledge Legal Risk Risk Prevention|
Accounts receivable is a kind of rights based on contract, which is a kind of expectant credit, its virtual content is an action which requests someone who is special do certain pays. Accounts receivable pledge makes use of its content to ask for pledge security loans from banks. As a new way of security, accounts receivable pledge becomes more and more important in the modern economic society because of its reflection of contemporary property law to take advantage of value-centric trend. In other countries, such as countries of Anglo-American and civil law system it has been widely used by corporate and financial institutions, and it has been more and more mature. However, because the system establishes and put into practice in a short time relatively, there are many problems to be solved and consummated, such as the mode of how to establish accounts receivable pledge, how to show accounts receivable pledge and the effectiveness of accounts receivable pledge. This article established in the domestic and foreign legislative practice and national scholars’points, discuss that the legal relationship and the effectiveness of accounts receivable pledge, on this basement, this article makes an analysis of the situation of accounts receivable pledge system.In our countries, the legal provision, company credit system are not perfect, also accounts receivable pledge has its own particularity, so the accounts receivable pledge is filled with risk, such as the risk from cheat, target itself and in the process of implementing the pledge In the last part of the article gives some suggestion and measurement to reply these legal risks. First of all, we should keep away the system of accounts receivable pledged, make sure the concept and scope of accounts receivable, and establish a mechanism about pledgor’s assurance and guarantee, strengthen business credit mechanism and punishment mechanism of losing credit. Secondly, on the phases of manipulation, we should strengthen the checkup of credit before providing a loan, make the terms of the contract detailed and make preventive measures, deal with the procedures of accounts receivable pledge in time, and so on. Finally, this article makes recommendations about setting up a special institution for risk control, which we can learn the supervisory experience of U.S. OCC in order to enhance risk control. The ultimate goal of this article is that bring forward some suggestion to deal with risk of accounts receivable pledge, and expect to do some benefit for accounts receivable pledge system.