Floating charge is established when the mortgage contract comes into effect, and the way to realize floating charge is:

1. The subject of floating mortgage is limited to enterprises, individual industrial and commercial households and agricultural producers and operators;

2 floating mortgage property is limited to production equipment, raw materials, semi-finished products and products;

3. Floating charge must be a written agreement;

4. The condition for realizing the mortgage right is that the due debt is not fulfilled or the reasons agreed by the parties to realize the mortgage right appear.

Second, analysis

Floating charge refers to a new type of guarantee system in which an enterprise sets up a mortgage with all its assets, including all assets that can be obtained now and in the future. With the written consent of the parties concerned, enterprises, individual industrial and commercial households and agricultural producers and operators may mortgage existing and future production equipment, raw materials, semi-finished products and products. If the debtor fails to perform the due debt or realize the mortgage according to the agreement of the parties, the creditor has the right to be paid in priority for the movable property when the mortgage is realized.

3. What are the characteristics of chattel floating mortgage?

1, the specificity of the subject, the mortgagor is limited to enterprises, individual industrial and commercial households and agricultural producers and operators, and natural persons who are not engaged in production and operation cannot set up such mortgages;

2. Collection of secured property. The floating mortgage of movable property is based on the principle of one thing and one right. The mortgaged property is the collective movable property owned by the operator, including the production equipment, raw materials, semi-finished products and products that the operator already owns or will own;

3. Uncertainty of mortgaged property. At the beginning of the establishment of movable property floating mortgage, the mortgaged property was not specific, including existing property and future property. The mortgaged property is changeable, that is, the scope and value of the mortgaged property are constantly changing, and the mortgaged property is specific only when it appears according to the relevant provisions.