(Adopted at the 2nd1Chairman's Office Meeting on September 26th, 2007 and revised at the 8th Chairman's Office Meeting on August 24th, 2065438)
Chapter I General Principles
Article 1 These Measures are formulated in accordance with the Property Law of People's Republic of China (PRC) and other relevant laws and regulations in order to standardize the pledge registration of accounts receivable and protect the legitimate rights and interests of the parties and interested parties.
Article 2 The term "accounts receivable" as mentioned in these Measures refers to the creditor's right to demand payment from the obligor for providing a certain commodity, service or facility, as well as other payment claims legally enjoyed, including existing and future monetary claims, but excluding the payment claims arising from bills or other securities, and the payment claims prohibited by laws and administrative regulations.
Accounts receivable as mentioned in these Measures include the following rights:
(1) Creditor's rights arising from sale and lease, including the sale of goods, the supply of water, electricity, gas and heating, the licensing of intellectual property rights, the lease of movable or immovable property, etc. ;
(2) Creditor's rights arising from providing medical care, education, tourism and other services or labor services;
(3) Beneficial rights of infrastructure and public utilities such as energy, transportation, water conservancy, environmental protection and municipal engineering;
(4) Creditor's rights arising from providing loans or other credit activities;
(5) Other creditor's rights with monetary payment content based on the contract.
Article 3 The pledge of accounts receivable as mentioned in these Measures refers to the pledge of accounts receivable as stipulated in Article 223 of the Property Law of People's Republic of China (PRC). Specifically, it means that the debtor or the third party pledges its legally owned accounts receivable to the creditor to guarantee the performance of the debt, and the debtor fails to perform the due debt or the pledgee has the priority to be compensated for the accounts receivable and its income.
Article 4 The Credit Information Center of the People's Bank of China (hereinafter referred to as the Credit Information Center) is the registration institution of accounts receivable pledge.
The credit center shall establish an Internet-based registration publicity system (hereinafter referred to as the registration publicity system), handle the pledge registration of accounts receivable, and provide inquiry services for the public.
Article 5 The People's Bank of China shall manage the activities related to the pledge registration of accounts receivable carried out by the Credit Information Center.
Article 6 Where multiple rights are set on the same account receivable, the pledgee shall exercise the pledge right in the order of registration.
Chapter II Registration and Inquiry
Article 7 The pledge registration of accounts receivable shall be handled through the registration publicity system.
Article 8 The pledge registration of accounts receivable shall be handled by the pledgee. The pledgee shall sign a registration agreement with the pledgor before handling the pledge registration. The registration agreement shall include the following contents:
(1) The pledgee and the pledger have signed a pledge contract;
(2) The pledgee shall register the pledge.
The pledgee may also entrust others to handle the registration. Where registration is entrusted to others, the provisions of these Measures on pledge registration shall apply.
Article 9 The pledgee shall register as a user of the registration publicity system when registering the pledge of accounts receivable.
Article 10 The contents of registration include the basic information of pledgee and pledger, the description of accounts receivable and the registration period. The pledgee shall submit the agreement specified in Article 8 of these Measures to the registration and publicity system as a registration annex.
Where the pledgor or pledgee is a unit, the legal registered name, domicile, name of legal representative or person in charge, organization code or financial institution code, industrial and commercial registration number, unified social credit code for legal persons and other organizations, global legal person institution identification code and other institution codes or codes shall be filled in.
If the pledgor or pledgee is an individual, the number and address of valid identity documents shall be filled in.
The pledgee may agree with the pledgor to take items such as the amount of principal creditor's rights as the registration content.
Article 11 The pledgee shall submit the complete registration contents to the registration publicity system. The registration and publicity system records the submission time and assigns the registration number, generates the initial registration certificate and change code of accounts receivable pledge registration and provides it to the pledgee.
Article 12 The pledgee shall reasonably determine the registration period according to the performance period of the principal creditor's rights. The minimum registration period is 6 months, and if it is more than 6 months, it shall be calculated on an annual basis, and the longest registration period shall not exceed 30 years.
Article 13 Within 90 days before the expiration of the registration period, the pledgee may apply for an extension.
The pledgee may extend the time limit for many times, and the extension period shall be calculated on an annual basis, and each time shall not exceed 30 years.
Article 14 Where there are omissions, errors or changes in the registered contents, the pledgee shall register the changes.
Where the pledgee adds the pledge of accounts receivable in the original pledge registration, the new part shall be regarded as the new pledge registration.
Article 15 If the pledgee's legal registered name or the pledgor's valid ID number changes at the time of registration, the pledgee shall register the change within 4 months from the date of change.
Article 16 Where the pledgee handles the extension or change of registration, it shall submit the agreement reached with the pledger on the extension or change of registration.
Seventeenth in any of the following circumstances, the pledgee shall cancel the registration within +00 days from the date of the occurrence of this situation:
(1) The principal creditor's rights are extinguished.
(2) the realization of the pledge right;
(3) The pledgee waives all pledge rights above the accounts receivable stated in the registration;
(4) Other circumstances leading to the extinction of the registration right.
If the pledgee delays the cancellation of registration and causes damage to others, it shall bear corresponding legal responsibilities.
Article 18 The pledgee shall handle the extension, change registration and cancellation registration with the change code.
Article 19 If the pledger or other interested parties think that the registered contents are wrong, they may request the pledgee to change or cancel the registration. If the pledgee disagrees with the alteration or cancellation, the pledgor or other interested parties may register an objection.
The pledgor or other interested parties who have gone through the objection registration may cancel the objection registration on their own.
Article 20 The pledgor or other interested parties shall notify the pledgee within 7 days after the objection registration is completed.
Article 21 If the pledgor or other interested parties fail to file a lawsuit or submit a dispute arbitration within 30 days from the date of objection registration and submit a notice of case acceptance in the registration and publicity system, the Credit Information Center will cancel the objection registration.
Article 22 The Credit Information Center shall cancel the pledge or objection registration of accounts receivable at the request of the pledger or other interested parties or pledgees according to the effective court judgment or ruling or the arbitration institution's ruling.
Article 23 After the pledgee goes through the alteration registration or cancellation registration, and the pledger or other interested parties go through the objection registration, the registration publicity system records the registration time, assigns the registration number, and generates the certificate of alteration registration, cancellation registration or objection registration.
Twenty-fourth pledgee, pledger and other interested parties shall truthfully register the matters prompted by the registration and publicity system, and if they provide false registration materials and cause damage to others, they shall bear corresponding legal responsibilities.
Twenty-fifth any unit or individual can inquire about the registration information of accounts receivable pledge after registering as a user of the registration publicity system.
Article 26 If the pledgor is a unit, the inquirer shall make inquiries with the pledgor's legal registered name.
If the pledgor is an individual, the inquirer shall inquire with the pledgor's ID number.
Twenty-seventh credit center according to the application of the inquirer, provide proof of inquiry.
Twenty-eighth pledgee, pledger or other interested parties and inquirers can verify the registration certificate and inquiry certificate in the registration publicity system through the certificate number.
Chapter III Responsibilities of Credit Information Center
Twenty-ninth credit center shall take technical measures and other necessary measures to maintain the safe and normal operation of the registration publicity system and prevent the leakage and loss of registration information.
Thirtieth credit center shall formulate registration procedures and internal management system, and report to the People's Bank of China for the record.
Thirty-first after the cancellation of registration or the expiration of the registration period, the credit information center shall save the registration records offline electronically for a period of 15 years.
Chapter IV Supplementary Provisions
Thirty-second credit center in accordance with the charging standards approved by the competent price department of the State Council to collect accounts receivable registration service fees.
Article 33 The obligee shall, with reference to the provisions of these Measures, register the transfer of accounts receivable for the purpose of financing in the registration and publicity system.
Article 34 These Measures shall come into force as of June 6, 2007. [ 1]
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Decree No.4 of China People's Bank, Measures for Registration of Accounts Receivable Pledge [20 19].
The Measures for the Registration of Accounts Receivable Pledge was deliberated and adopted at the 1 th executive meeting of the People's Bank of China on September 9, 2065, and is hereby promulgated, and shall come into force on October 0/2020.
President: Yi Gang
Release date: 2019165438+1October 22nd [2]
full text
Measures for the Registration of Accounts Receivable Pledge
Chapter I General Principles
Article 1 These Measures are formulated in accordance with the Property Law of People's Republic of China (PRC) and other relevant laws and regulations in order to standardize the pledge registration of accounts receivable and protect the legitimate rights and interests of the parties and interested parties.
Article 2 The term "accounts receivable" as mentioned in these Measures refers to the creditor's right to demand payment from the obligor for providing a certain commodity, service or facility, as well as other payment claims legally enjoyed, including existing and future monetary claims, but excluding the payment claims arising from bills or other securities, and the payment claims prohibited by laws and administrative regulations.
Accounts receivable as mentioned in these Measures include the following rights:
(1) Creditor's rights arising from sale and lease, including the sale of goods, the supply of water, electricity, gas and heating, the licensing of intellectual property rights, the lease of movable or immovable property, etc. ;
(2) Creditor's rights arising from providing medical care, education, tourism and other services or labor services;
(3) Beneficial rights of infrastructure and public utilities such as energy, transportation, water conservancy, environmental protection and municipal engineering;
(4) Creditor's rights arising from providing loans or other credit activities;
(5) Other creditor's rights with monetary payment content based on the contract.
Article 3 The pledge of accounts receivable as mentioned in these Measures refers to the pledge of accounts receivable as stipulated in Article 223 of the Property Law of People's Republic of China (PRC). Specifically, it means that the debtor or a third party pledges its legally owned accounts receivable to the creditor to guarantee the performance of the debt, and the creditor has the right to be paid in priority for the accounts receivable and its income if the debtor fails to perform the due debt or the parties agree to realize the pledge right.
The debtor or the third party specified in the preceding paragraph is the pledgor, and the creditor is the pledgee.
Article 4 The Credit Information Center of the People's Bank of China (hereinafter referred to as the Credit Information Center) is the registration institution of accounts receivable pledge.
The credit center shall establish an Internet-based registration publicity system (hereinafter referred to as the registration publicity system), handle the pledge registration of accounts receivable, and provide inquiry services for the public.
Article 5 The People's Bank of China shall manage the activities related to the pledge registration of accounts receivable carried out by the Credit Information Center.
Article 6 Where multiple rights are set on the same account receivable, the pledgee shall exercise the pledge right in the order of registration.
Chapter II Registration and Inquiry
Article 7 The pledge registration of accounts receivable shall be handled through the registration publicity system.
Article 8 The pledge registration of accounts receivable shall be handled by the pledgee. Where the pledgee handles the pledge registration, it shall reach an agreement with the pledger on the registration contents.
The pledgee may also entrust others to handle the registration. Where registration is entrusted to others, the provisions of these Measures on pledge registration shall apply.
Article 9 The pledgee shall register as a user of the registration publicity system when registering the pledge of accounts receivable.
Article 10 The contents of registration include the basic information of pledgee and pledger, the description of accounts receivable and the registration period.
Where the pledgor or pledgee is a unit, it shall fill in the legal registration name, domicile, name of legal representative or person in charge, organization code or financial institution code, industrial and commercial registration number, unified social credit code for legal persons and other organizations, global corporate institution identification code and other institutional codes or codes.
If the pledgor or pledgee is an individual, the number and address of valid identity documents shall be filled in.
The pledgee may agree with the pledgor to take items such as the amount of principal creditor's rights as the registration content.
Article 11 The pledgee shall submit the complete registration contents to the registration publicity system. The registration and publicity system records the submission time and assigns the registration number, generates the initial registration certificate and change code of accounts receivable pledge registration and provides it to the pledgee.
Article 12 The pledgee shall reasonably determine the registration period according to the performance period of the principal creditor's rights. The shortest registration period is 1 month, and the longest is not more than 30 years.
Article 13 Within 90 days before the expiration of the registration period, the pledgee may apply for an extension.
The pledgee may extend the period for multiple times, with the shortest extension of 1 month, and each extension shall not exceed 30 years.
Article 14 Where there are omissions, errors or changes in the registered contents, the pledgee shall register the changes.
Where the pledgee adds the pledge of accounts receivable in the original pledge registration, the new part shall be regarded as the new pledge registration.
Article 15 If the pledgee's legal registered name or the pledgor's valid ID number changes at the time of registration, the pledgee shall register the change within 4 months from the date of change.
Article 16 Where the pledgee handles the extension or change of registration, it shall reach an agreement with the pledger on the extension or change.
Seventeenth in any of the following circumstances, the pledgee shall cancel the registration within +00 working days from the date of the occurrence of this situation:
(1) The principal creditor's rights are extinguished.
(2) the realization of the pledge right;
(3) The pledgee waives all pledge rights above the accounts receivable stated in the registration;
(4) Other circumstances leading to the extinction of the registration right.
If the pledgee delays the cancellation of registration and causes damage to others, it shall bear corresponding legal responsibilities.
Article 18 The pledgee shall handle the extension, change registration and cancellation registration with the change code.
Article 19 If the pledger or other interested parties think that the registered contents are wrong, they may request the pledgee to change or cancel the registration. If the pledgee disagrees with the alteration or cancellation, the pledgor or other interested parties may register an objection.
The pledgor or other interested parties who have gone through the objection registration may cancel the objection registration on their own.
Article 20 The pledgor or other interested parties shall notify the pledgee within 7 days after the objection registration is completed.
Article 21 If the pledgor or other interested parties fail to file a lawsuit or submit a dispute arbitration within 30 days from the date of objection registration and submit a notice of case acceptance in the registration and publicity system, the Credit Information Center will cancel the objection registration.
Article 22 Upon the application of the pledgor or other interested parties or pledgee, the Credit Information Center shall cancel the pledge registration or objection registration of accounts receivable according to the court judgment, ruling or arbitration institution ruling that is effective for the pledgor or other interested parties or pledgee.
Article 23 After the pledgee goes through the alteration registration or cancellation registration, and the pledger or other interested parties go through the objection registration, the registration publicity system records the registration time, assigns the registration number, and generates the certificate of alteration registration, cancellation registration or objection registration.
Article 24 When handling the financing business of accounts receivable pledge, the pledgee shall strictly examine and confirm the authenticity of accounts receivable, and inquire about the rights burden of accounts receivable in the registration and publicity system.
Twenty-fifth pledgee, pledger and other interested parties shall truthfully register the matters prompted by the registration and publicity system, and be responsible for the authenticity, integrity and legality of the registered contents. When handling registration, those who provide false materials and other acts that cause damage to others shall bear corresponding legal responsibilities.
Twenty-sixth any unit or individual can inquire about the registration information of accounts receivable pledge after registering as a user of the registration publicity system.
Article 27 If the pledgor is a unit, the inquirer shall make inquiries with the pledgor's legal registered name.
If the pledgor is an individual, the inquirer shall inquire with the pledgor's ID number.
Twenty-eighth credit center according to the application of the inquirer, provide proof of inquiry.
Twenty-ninth pledgee, pledger or other interested parties and inquirers can verify the registration certificate and inquiry certificate in the registration publicity system through the certificate number.
Chapter III Responsibilities of Credit Information Center
Thirtieth credit center shall take technical measures and other necessary measures to maintain the safe and normal operation of the registration publicity system and prevent the leakage and loss of registration information.
Thirty-first credit center shall formulate registration procedures and internal management system, and report to the People's Bank of China for the record.
Thirty-second after the cancellation of registration or the expiration of the registration period, the credit information center shall save the registration records offline electronically for a period of 15 years.
Chapter IV Supplementary Provisions
Thirty-third credit center in accordance with the charging standards approved by the competent price department of the State Council to collect accounts receivable registration service fees.
Article 34 Creditors shall, with reference to the provisions of these Measures, register the transfer of accounts receivable for the purpose of financing in the registration and publicity system.
Article 35 Where the obligee handles the registration of other movable property and rights guarantee in the registration and publicity system, it shall be implemented with reference to the provisions of these Measures.
The term "chattels and rights guarantee" as mentioned in these Measures includes all kinds of transaction forms with the nature of guarantee, which are set by the parties on chattels and rights through agreement and provided for paying off debts or performing debts in other ways, including but not limited to financial leasing, margin financing and securities lending pledge, inventory and warehouse receipt pledge, unless otherwise stipulated by laws and regulations.
Article 36 The People's Bank of China shall be responsible for the interpretation of these Measures.
Article 37 These Measures shall come into force on June 1 day, 2020. The Measures for the Registration of Accounts Receivable Pledge (Order No.3 of the People's Bank of China [20 17]) shall be abolished at the same time.