The so-called warehouse receipt is a kind of securities issued by the custodian at the request of the depositor. It means that a certain number of goods have been delivered by the depositor to the custodian, which is the legal proof that the warehouse receipt holder enjoys the ownership of the relevant goods according to the warehouse receipt. Warehouse receipt is the proof of the existence of warehouse contract, and it is also an integral part of warehouse contract. A negotiable securities is a certificate to express or prove a certain property right, which has two important characteristics: first, the content and quantity of the property must be stated on the front of the securities, and expressed in a certain amount to prove that it has certain value; Second, the property represented by securities is inseparable from the securities themselves, and the enjoyment or transfer of rights is based on the presentation or delivery of securities.
Warehouse receipt is the certificate for the depositor or warehouse receipt holder to take delivery of the goods, and it is also the basis for the custodian, depositor or warehouse receipt holder to check and accept the stored goods according to the terms agreed in the contract and determine whether the goods can be kept reasonably. The ownership of the warehouse goods is transferred with the transfer of the warehouse receipt. Warehouse receipts are valuable securities. According to the relevant provisions of China's Guarantee Law, warehouse receipts can not only be transferred by endorsement, but also be used as pledge of rights.
Legal nature of warehouse receipt
(1) warehouse receipt is a necessary security.
The warehouse receipt must record the signature of the custodian and the necessary terms to determine the respective rights and obligations of the custodian and the depositor.
(2) Warehouse receipts are real rights securities.
According to the warehouse receipt, the holder of the warehouse receipt enjoys the ownership of the relevant goods, exercises the rights specified in the warehouse receipt or disposes of the rights. The actual owner of the warehouse receipt may, according to the ownership of the warehouse receipt, request the custodian to deliver the goods contained in the warehouse receipt.
(3) Warehouse receipts are literally securities.
The scope of rights and obligations on the warehouse receipt shall be subject to the written record of the warehouse receipt. Even if the contents recorded in the warehouse receipt are inconsistent with the actual situation, the custodian shall still perform his duties according to the literal meaning contained in the warehouse receipt.
Contents of warehouse receipt
A warehouse receipt shall contain the following contents in accordance with Article 386 of the Contract Law:
(1) Name and domicile of the depositor;
(2) The variety, quantity, quality and packaging of the goods to be stored;
(3) storage loss standard;
(4) the place of storage;
(5) storage period;
(6) storage fees;
(7) Where the goods are insured, the insured amount, term and name of the insurer;
(8) Issuer, date and place.
(9) The depositor shall endorse the warehouse receipt, which shall be signed or sealed by the depository.
Validity of warehouse receipt
(1) The effectiveness of the depositor's receipt of the consignment;
(2) the effectiveness of the transfer deposit.
Speaking of the reputation of spot warehouse receipts, it's really not very good. Huaxia is a good negative textbook. This state-related supervision is not very effective and the industry development is not perfect, but the state still supports spot warehouse receipts. Www.crme.com.cn, a rare metal trading market in Tianjin, and www.dlbot.com, a rice trading market in Dalian are more formal.
The landlord can go to the relevant website to find out:)