Measures for the Unified Registration of Movable Property and Rights Guarantees
Measures for the Unified Registration of Movable Property and Rights Guarantees
Measures for the Unified Registration of Movable Property and Rights Guarantees
Order of the People's Bank of China [2021] No.7
December 28, 2021
The Measures for the Unified Registration of Movable Property and Rights Guarantees, which were adopted upon deliberation at the 11th executive meeting of the People's Bank of China in 2021 on November 18, 2021, are hereby promulgated for implementation as of February 1, 2022.
Yi Gang, Governor
Measures for the Unified Registration of Movable Property and Rights Guarantees
Chapter I General Provisions
Article 1 The Measures for the Unified Registration of Movable Property and Rights Guarantees (hereinafter referred to as the "Measures") are formulated in accordance with the Civil Code of the People's Republic of China, the Regulations on Optimizing the Business Environment, the Decision of the State Council on Implementing the Unified Registration of Movable Property and Rights Guarantees (Guo Fa [2020] No.18), and other relevant laws and regulations to standardize the unified registration of movable property and rights guarantees and protect the legitimate rights and interests of the parties concerned in regard to guarantees and the interested parties.
Article 2 The types of guarantees included in the scope of the unified registration of movable property and rights guarantees include the following:
1. mortgage of production equipment, raw materials, semi-finished products, and products;
2. pledge of accounts receivable;
3. pledge of certificates of deposit, warehouse receipts, and bills of lading;
4. finance lease;
5. factoring;
6. retention of title; and
7. other movable property and rights guarantees that can be registered, except for the mortgage of motor vehicles, ships, and aircraft and the pledge of bonds, fund units, equity, and property rights in regard to intellectual property rights.
Article 3 For the purpose of the Measures, the term "accounts receivable" shall refer to the right obtained by the creditor of accounts receivable to request payments from the debtor of accounts receivable and the right enjoyed by such creditor according to the law to seek other payments as a result of its/his/her provision of certain goods, services, or facilities, including current and future monetary claims, but excluding the rights to request payments that arise from negotiable instruments or other negotiable securities or shall not be transferred as stipulated in laws and administrative regulations.
For the purpose of the Measures, the term "accounts receivable" includes the following rights:
1. claims arising from sales or leasing, including sales of goods, supply of water, electricity, gas, and heat, the licensed use of intellectual property rights, and the leasing of movable property or real property;
2.
......
Order of the People's Bank of China [2021] No.7
December 28, 2021
The Measures for the Unified Registration of Movable Property and Rights Guarantees, which were adopted upon deliberation at the 11th executive meeting of the People's Bank of China in 2021 on November 18, 2021, are hereby promulgated for implementation as of February 1, 2022.
Yi Gang, Governor
Measures for the Unified Registration of Movable Property and Rights Guarantees
Chapter I General Provisions
Article 1 The Measures for the Unified Registration of Movable Property and Rights Guarantees (hereinafter referred to as the "Measures") are formulated in accordance with the Civil Code of the People's Republic of China, the Regulations on Optimizing the Business Environment, the Decision of the State Council on Implementing the Unified Registration of Movable Property and Rights Guarantees (Guo Fa [2020] No.18), and other relevant laws and regulations to standardize the unified registration of movable property and rights guarantees and protect the legitimate rights and interests of the parties concerned in regard to guarantees and the interested parties.
Article 2 The types of guarantees included in the scope of the unified registration of movable property and rights guarantees include the following:
1. mortgage of production equipment, raw materials, semi-finished products, and products;
2. pledge of accounts receivable;
3. pledge of certificates of deposit, warehouse receipts, and bills of lading;
4. finance lease;
5. factoring;
6. retention of title; and
7. other movable property and rights guarantees that can be registered, except for the mortgage of motor vehicles, ships, and aircraft and the pledge of bonds, fund units, equity, and property rights in regard to intellectual property rights.
Article 3 For the purpose of the Measures, the term "accounts receivable" shall refer to the right obtained by the creditor of accounts receivable to request payments from the debtor of accounts receivable and the right enjoyed by such creditor according to the law to seek other payments as a result of its/his/her provision of certain goods, services, or facilities, including current and future monetary claims, but excluding the rights to request payments that arise from negotiable instruments or other negotiable securities or shall not be transferred as stipulated in laws and administrative regulations.
For the purpose of the Measures, the term "accounts receivable" includes the following rights:
1. claims arising from sales or leasing, including sales of goods, supply of water, electricity, gas, and heat, the licensed use of intellectual property rights, and the leasing of movable property or real property;
2.
......