Research On Legal Issues Of Pledge Of Accounts Receivable

Accounts receivable is an important part of the small and medium-sized enterprise assets.In 2007, China promulgated the Property Law,which conformed tothe trend of the further development of market economy in our country,and specified the system of pledge of accounts receivable.To a certain extent,the system of pledge of accounts receivable solved the financing difficulties of small and medium-sized enterprise, and has positive theoretical significance and practical significance.At the same time, as the pledge of accounts receivable financing practice is a new thing in our country, it is a less familiar area for small and medium-sized enterprises and commercial banks.More importantly,accounts receivable is one of the pledgeof new varieties, and a series of related system is not perfect.In order to protect the interests of the commercial banks and other financial institutions, and help the small and medium-sized enterprises to use accounts receivable more conveniently, it is very important to study the legal problems of the system of pledge of accounts receivable.This paper addresses the legal problems of the system of pledge of accounts receivable, and mainly discusses the scope of accounts receivable,related issues of the pledge registration of accounts receivable, and the implementation problems of the pledge right of accounts receivable.The article has three parts.The first part is a general overview of the legal system of pledge of accounts receivable.This part has an overview of pledge of accounts receivable, the present situation of legislation and practice of pledge of accounts receivable, and the evaluation of the system of pledge of accounts receivable.The second part is the analysis of legal issues of pledge of accounts receivable, which is the focus of the article. In this part, three questions will be discussed. The first question is the scope of accounts receivable. Accounts receivable includesexisting accounts receivable and future accounts receivable.The types of accounts receivable include creditor’s rights of sale, rent, service, loan and other credit,and the transferor of infrastructure projects and public services.Export tax refund account is not belong to accounts receivable.The second question is the pledge registration of accounts receivable. The legal effect of the pledge registration of accounts receivable is the effect doctrine. The registration organ is the credit agency, namely, the credit reporting center of the People’s Bank of China. The last question is the implementation of the pledge right of accounts receivable. The implementation of the pledge right of accounts receivable gives priority to the pledgee directly charging creditor’s rights.The third part is some suggestions on the system optimization of pledge of accounts receivable. According to the conclusion of the second part, together with the present situation of legislation and practice of pledge of accounts receivable, the article provides some suggestions on the system optimization of pledge of accounts receivable.