What is an accounts receivable pledge contract and what is an accounts receivable pledge?

In law, accounts receivable is a creditor's right, and accounts receivable pledge is a pledge of rights. In terms of the types of rights that can be pledged recognized in Article 75 of the Security Law, bills of exchange, cheques, promissory notes, bonds, and certificates of deposit also represent a kind of creditor's rights. The difference between these claims and ordinary accounts receivable claims is that these claims have been characterized and fixed due to certain written documents as records, and have already taken on the nature of materialization to a certain extent.

However, because ordinary accounts receivable claims do not have similar certificates of rights as representations, there are still uncertainties in the publicity of rights, the term and amount of rights, and the method of payment, so there are certain deficiencies in the subject matter of pledges. However, the provision in paragraph 4 of Article 75 of the Security Law on "other rights that may be pledged in accordance with law" leaves room for the legality of the pledge of ordinary accounts receivable claims. From the perspective of foreign legislation, accounts receivable as an ordinary creditor's right to set up a pledge, but also by the legislation of many countries such as Germany, Switzerland and so on.

Legal analysis: Accounts receivable pledge is a kind of financing subordinate guarantee method, on the basis of accounts receivable pledge guarantee, it can carry out loans, bank acceptance bills, letters of credit, letters of guarantee and other bank financing business.

1) Bills of exchange, promissory notes, checks;

2) Bonds and certificates of deposit;

3) Warehouse receipts and bills of lading;

4) The ** share and equity that can be transferred;

5) Property rights in intellectual property rights such as the exclusive right to use registered trademarks, patent rights, and copyrights that can be transferred;

vi) existing and future accounts receivable;

Other property rights that may be pledged as provided for by laws and administrative regulations.

Accounts receivable can be pledged, which belongs to the law stipulates that the right to pledge can be carried out, and if the accounts receivable are pledged, the pledge right shall be established when the pledge is registered, and the accounts receivable shall not be transferred after the pledge, unless the pledgor and the pledge are agreed upon through consultation.

Article 445 of the Civil Code If the accounts receivable are pledged, the pledge shall be established when the pledge is registered. After the accounts receivable are pledged, they shall not be transferred, except for those agreed upon by the pledgor and the pledgee. For the price obtained by the pledgor from the transfer of accounts receivable, the pledgee shall pay off the debt or deposit it in advance to the pledgee.

Article 425:Where the debtor or a third party pledges its movable property to the creditor for the purpose of guaranteeing the performance of the debt, and the debtor fails to perform the due debt or the pledge is realized as agreed by the parties, the creditor has the right to receive priority in repayment of the movable property. The debtor or third party provided for in the preceding paragraph is the pledgee, the creditor is the pledgee, and the movable property delivered is the pledged property.