1. Conditions for the establishment of the pledge:
1. Chattel pledge
The movable pledge is established when the pledger delivers the pledged property.
2. Pledge of rights
(1) Securities rights
Pledged by bills of exchange, checks, promissory notes, bonds, deposit receipts, warehouse receipts, and bills of lading , the pledge right is established when the rights certificate is delivered to the pledgee; if there is no rights certificate, the pledge right is established when the relevant department handles the pledge registration.
(2) Fund shares and equity
If fund shares or equity registered with the securities registration and clearing agency are pledged, the pledge right is established when the securities registration and clearing agency handles the pledge registration; If other equity is pledged, the right to pledge shall be established when the industrial and commercial administrative department handles the pledge registration.
(3) Intellectual property rights
If property rights in intellectual property rights such as registered trademark rights, patent rights, copyrights, etc. are pledged, the pledge rights shall be registered with the relevant competent authorities when the pledge is registered. set up.
(4) Accounts receivable
If accounts receivable are pledged, the right to pledge is established when the credit reporting agency handles the pledge registration. The Credit Reference Center of the People's Bank of China is the registration agency for the pledge of accounts receivable.
2. Conditions for the validity of the pledge:
It is set that the possession of the pledge must be transferred.
According to the Civil Code, the conditions for the establishment and effectiveness of pledges of different rights are:
(1) With bills of exchange, promissory notes, checks, bonds, deposit certificates, warehouse If a bill or bill of lading is pledged, the certificate of rights shall be delivered to the pledgee within the time limit specified in the contract, and the pledge contract shall take effect from the date of delivery of the certificate of rights; if a pledge is made by a bill of exchange, check, or promissory note, the pledger and the pledgee If the word "pledge" is not endorsed and recorded, the bill cannot be pledged against a bona fide third party; if a corporate bond is pledged, and the pledger and the pledgee do not endorse and record the word "pledge", the bond cannot be pledged against the company and a third party. Three persons;
(2) If stocks that are transferable in accordance with the law are pledged, the pledger and the pledgee shall enter into a written contract and register the pledge with the securities registration agency. The pledge contract shall be registered from the date of registration. If the shares of a joint-stock company are pledged, the provisions of the Company Law on share transfer shall apply; if the shares of a listed company are pledged, the pledge contract shall be effective from the date when the shares are pledged and registered with the securities registration agency. Effective from the date of pledge; if the shares of an unlisted company are pledged, the pledge contract shall take effect from the date when the shares are pledged and recorded in the shareholder register; if the shares of a limited company are pledged, the relevant provisions of the Company Law on share transfer shall apply, and the pledge contract shall be effective from the date the shares are pledged. The pledge shall take effect from the date when the pledge is recorded in the shareholder list;
(3) If the property rights in trademarks, patents, and copyrights that are transferable in accordance with the law are pledged, the pledger and the pledgee shall enter into a A written contract must be submitted to the management department for pledge registration. The pledge contract shall take effect from the date of registration.
Finally, regarding the pledge of rights, the pledger and the pledgee must go to the relevant department to register the pledge, otherwise the pledge right will not take effect. When the rights pledge is completed, the pledger cannot use the pledge power, and the pledge power belongs to the Owned by the hostage.
Legal basis:
Article 426 of the Civil Code: Chattels prohibited from transfer by laws or administrative regulations shall not be pledged.
Article 427 of the Civil Code: To establish a right of pledge, the parties shall enter into a pledge contract in writing.