1. What conditions do shareholders need to set up a pawnshop?
1. It has articles of association that comply with laws and regulations;
2. It has a registered capital that meets the minimum requirements (the minimum registered capital of a pawnshop is 3 million yuan; Engaged in real estate mortgage pawn business, the minimum registered capital is 5 million yuan; The minimum registered capital of those engaged in the property right pledge pawn business is100000 yuan. The minimum registered capital of a pawnshop is the paid-in monetary capital of shareholders, excluding the contribution of physical objects, industrial property rights, non-patented technology and land use rights);
3. Having a business place that meets the requirements and the necessary facilities for handling business;
4. Familiar with the management personnel and appraisers of pawn business;
5. There are more than two corporate shareholders, and legal person shares are relatively controlled;
6, in line with the "pawn management measures" ninth and tenth provisions of the security management requirements;
7, in line with the national requirements for the overall planning and rational layout of pawn shops.
Article 425 of the Civil Code (implemented since 2002 1,1) guarantees the performance of the debt, and the debtor or a third party pledges its output material to the creditor for possession, and the debtor fails to perform the due debt or the creditor has the right to be paid in priority for the movable property.
The debtor or the third party specified in the preceding paragraph is the pledger, the creditor is the pledgee, and the delivered movable property is the pledged property.
2. What business can a pawnshop run?
1, movable property pledge pawn business
2. Property pledge pawn business
3. Real estate mortgage (excluding real estate in other provinces, autonomous regions and municipalities directly under the Central Government or projects under construction without pre-sale permit for commercial housing).
4. Sales of restricted goods.
5. Identification, evaluation and consulting services
6. Other pawn businesses approved by the Ministry of Commerce according to law.
3. What is the social function of pawn shops?
1, financing function
In pawn practice, pawnbrokers can borrow money from pawn shops. Whether the pawnshop redeems the pawned property or not, the financing function of the pawn is obvious. The financing function of pawn can not only play a role independently, but also play a role together with other functions of pawn. The legal nature of the exchange of money and goods determines that the financing function is the primary social function of pawn.
2, pawn storage function
In pledge, the storage function of pawn (movable property, property right certificate or certificate) comes from the needs of both pawnbrokers to safeguard their rights and fulfill their obligations during redemption, and from the needs of pawnbrokers to make up for their own losses or realize profits at that time. Of course, in mortgage, the custody function of pawn is not reflected. The soldier's function of keeping items as soldiers can be used before or at the same time as other soldiers' functions.
3, pawn sales function
When the customer dies because he can't or won't redeem the pawn, the pawnshop can dispose of the pawn by selling, auctioning, discounting or directly owning it, which involves the sale of the pawn. The function of pawn sales is the last one, that is, it must play a role later than other functions of pawn.
To sum up, some people now open pawn shops. This kind of enterprise is special, and the threshold for registration and establishment is high. Among them, corporate shareholders is required to have more than two shareholders, and as corporate shareholders, the sum of capital contributions should exceed 50%. The promoters and shareholders shall have professionals, paid-in registered capital and a fixed business place.