Announcement of the State Administration for Market Regulation on Seeking Public Comments on the Measures for the Registration of Mortgages on Movable Property (Draft Revision)

Announcement of the State Administration for Market Regulation on Seeking Public Comments on the Measures for the Registration of Mortgages on Movable Property (Draft Revision)
Announcement of the State Administration for Market Regulation on Seeking Public Comments on the Measures for the Registration of Mortgages on Movable Property (Draft Revision)

February 22, 2019

To standardize the registration of mortgages on moveable property, the State Administration for Market Regulation has drafted the Measures for the Registration of Mortgages on Movable Property (Revised Version) (see the appendix), which is hereby published for public comment. Relevant units and individuals are welcome to provide opinions and suggestions by sending an e-mail to wjshtc0629@163.com by March 8, 2019.

Measures for the Registration of Mortgages on Movable Property (Draft Revision)

Article 1 In order to standardize the registration of mortgages on movable property, ensure transaction security and boost financing, these Measures are hereby promulgated in accordance with the Guarantee Law of the People's Republic of China, the Real Rights Law of the People's Republic of China, the Interim Regulations on the Disclosure of Enterprise Information and other laws and regulations.

Article 2 Where enterprises, individual businesses and agricultural production operators take out mortgages on movable property under Item 4, Paragraph 1 of Article 180 and Article 181 of the Real Rights Law of the People's Republic of China, they shall apply for registration with the market regulation authority at the county level (the "Registration Authorities") in the place where the mortgagor is located. The right to mortgage shall be established upon the execution of a mortgage contract.
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