What are the terms generally included in the pledge contract?

Equity pledge, also known as equity pledge, refers to the pledge established by the pledgee with the equity it owns as the subject matter of the pledge. To establish a pledge, the parties shall enter into a pledge contract in writing. The pledge contract generally includes the following clauses:

1) the type and amount of the secured claim; (2) the time limit for the debtor to perform the debt; (3) The name, quantity, quality, and condition of the pledged property; (4) the scope of the guarantee; (5) The time of delivery of the pledged property.

1) the type and amount of the secured claim; (2) the time limit for the debtor to perform the debt; (3) The name, quantity, quality, and condition of the pledged property;

(4) the scope of the guarantee;

(5) The time of delivery of the pledged property.

According to different pledges, pledges can be divided into movable property pledges and rights pledges, and China's security law only stipulates movable property pledges and rights pledges.

The property is called a pledge, the person who provides the property is called the pledgee, and the person who has the pledge is called the pledgee. A written contract shall be signed for the pledge guarantee, and the pledge contract shall take effect upon its establishment (different from the previous view that the pledge contract is a practical contract, and the new view that the pledge contract should also be a promise contract), and the content of the pledge contract is basically the same as that of the mortgage contract.

There are two types of pledges: movable property pledge and right pledge. A pledge of movable property refers to a pledge of something that is movable and therefore does not impair its utility; A pledge of rights refers to a pledge with a transferable right as the subject matter.

If the pledgee of movable property pledge loses or damages the pledge due to poor custody of the pledge, it shall bear civil liability, and when the pledge may cause loss or damage to the pledge, the pledgee may require the pledgee to deposit the pledge or pay off the debt in advance and return the pledge, and the pledgee may require the pledgee to provide the corresponding security, and if the pledge does not provide, the pledgee may auction or sell the pledge for priority compensation or deposit with the third party agreed with the pledgee.

If the pledgee pledges the rights and indicates the date of redemption or the date of delivery, the date of the pledgee is earlier than the period of debt performance, it may cash or take delivery of the goods before the expiration of the debt performance period, and agree with the pledgor to use the cashed price or the goods withdrawn for the purpose of paying off the debt in advance or depositing with the third party agreed with the pledgor. If the property right in the trademark or trademark that can be transferred in accordance with the law is pledged, the pledgor and the pledgee shall register the pledge with the registration agency or its management department after signing the written contract, and the pledge contract shall take effect from the date of registration.

Since the specific law is not indicated, I will explain it roughly. In law, the duration refers to the period during which a contract or right is legally valid or an agreement is valid.

Legal analysis: types and amounts of secured claims; the time limit for the debtor to perform the debt judgment and judgment; the name and quantity of the pledged property; the scope of the guarantee; The time and manner of delivery of the pledged property.

Legal basis: Article 427 of the Civil Code of the People's Republic of China The parties shall enter into a pledge contract in writing.

The pledge contract generally includes the following clauses:

1) the type and amount of the secured claim;

(2) the time limit for the debtor to perform the debt;

3) The name and quantity of the pledged property;

(4) the scope of the guarantee;

5) The time and manner of delivery of the pledged property.

The terms of the pledge contract include: the type and amount of the secured claim; the time limit for the debtor to perform the debt; the name, quantity, quality, and condition of the pledged property; the scope of the guarantee; The time of delivery of the pledged property. To establish a pledge, the parties need to enter into a pledge contract in writing.

1. The content of the mortgage contract of the guarantee company.

1. The type and amount of the main creditor's right to be insured2, the time limit for the debtor to perform the debt3, the method of guarantee4, the scope of the guarantee5, the period of the guarantee6, the mortgage contract should also include the name, quantity, quality, location, ownership or use right of the collateral 7, the pledge contract should also include the name, quantity, quality, condition, location, ownership or timing of the transfer of the right of use 8, and other matters that the parties consider necessary to agree.

Where the guarantee contract does not fully meet the content provided for in the preceding paragraph, it may be supplemented and corrected.

2. What information is required for the mortgage of the real estate certificate.

The Civil Code of China stipulates that to establish a mortgage, the parties shall enter into a mortgage contract in writing. The mortgage contract generally includes the following clauses: (1) the type and amount of the secured claim; (2) the time limit for the debtor to perform the debt; (3) The name and quantity of the mortgaged property; (4) the scope of the guarantee;

3. The general time of the equity pledge period.

The term of the equity pledge is agreed upon by the parties through negotiation, and there is no time limit itself. The pledge takes effect from the date of delivery of the pledge. The parties to the pledge contract may agree on the security period of the pledge, and if the guarantee period is exceeded or the secured claim has been extinguished, the pledge security shall be discharged, and the pledgee may require the pledgee to return the pledge.

Article 427 of the Civil Code of the People's Republic of China.

To establish a pledge, the parties shall enter into a pledge contract in writing.

The pledge contract generally includes the following clauses:

1) the type and amount of the secured claim;

(2) the time limit for the debtor to perform the debt;

3) The name and quantity of the pledged property;

(4) the scope of the guarantee;

5) The time and manner of delivery of the pledged property.

The terms of the pledge contract do not include the guarantee time, and the legal norms clearly stipulate that the name of the pledged property and the scope of the guarantee must be included in any mortgage contract.

The requirements for the pledge contract to take effect are:

1. Contracts concluded in writing;

2. The pledged property cannot be immovable property;

3. The pledgor and the pledgee have the corresponding civil capacity;

4. The pledge contract is a voluntary expression of true intent;

5. There is no violation of legal prohibitions or public order and good customs.

5. There is no violation of legal prohibitions or public order and good customs.

According to Article 143 of the Civil Code implemented in 2021.

Civil juristic acts are valid under the following conditions:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

What are the terms of the pledge contract:

The pledge contract generally includes the following clauses:

1) the type and amount of the secured claim;

(2) the time limit for the debtor to perform the debt;

3) The name and quantity of the pledged property;

(4) the scope of the guarantee;

5) The time and manner of delivery of the pledged property.

The difference between staking and staking.

1. Mortgage refers to the property right in which the debtor or a third party does not transfer the possession of its specific property, but uses the property as security for the creditor's rights, and when the debtor fails to perform the debt, the creditor has the right to discount the property or give priority to the repayment of the auction or sale price in accordance with the law.

The property is called a mortgage, the debtor or a third party is called a mortgagor, and the creditor is called a mortgagee. There are two types of mortgage rights: statutory and conventional. Statutory or not, whether agreed or not, must be in accordance with the provisions; Where the law allows the parties to agree, it may be resolved through negotiation.

2. Pledge refers to the real right of the debtor or a third party to hand over its specific property to the creditor for possession as security for the creditor's rights, and when the debtor fails to perform the debt, the creditor has the right to be repaid in priority with the price of the property discounted or auctioned or sold in accordance with the law.

The property is called a pledge, the person who provides the property is called the limb pledgee, and the person who has the right to pledge the wheel is called the pledgee. A written contract shall be signed for the pledge guarantee, and the pledge contract shall take effect when the pledge or pledge is transferred to the possession of the pledgee, and the content of the pledge contract shall be basically the same as that of the mortgage contract.

Legal basis

Article 143 of the Civil Code.

Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 427 of the Civil Code.

To establish a pledge, the parties shall enter into a pledge contract in writing.

The terms that should be included in the pledge contract are: the basic information of the pledged property; the method of delivery of the pledged property; the scope of the guarantee; the type and amount of the secured claim; the time limit for the debtor to perform the debt, etc. The pledge contract is a written security contract reached between the pledgor and the pledgee on the pledge security matters based on the main debt contract, and shall be concluded in writing.

According to Article 427 of the Civil Code of the People's Republic of China, to establish a pledge right, the parties shall enter into a pledge contract in written form. The pledge contract generally includes the following clauses:

1) the type and amount of the secured claim;

2) the time limit for the performance of the obligations of the Tansen debtor;

3) The name and quantity of the pledged property;

(4) the scope of the guarantee;

5) The time and method of delivery of the pledged property.

1. Do I need to sign a contract for real estate mortgage?

A contract is required for the mortgage of the property. According to Article 388 of the Civil Code of the People's Republic of China implemented in 2021, a security contract shall be concluded in accordance with the provisions of this Law and other laws to establish a security interest. Guarantee contracts include mortgage contracts, pledge contracts and other contracts with security functions.

The guarantee contract is a subordinate contract of the main creditor's rights and debts. If the principal creditor's rights and debts contract is invalid, the guarantee contract shall be invalid, except as otherwise provided by law. After the guarantee contract is confirmed to be invalid, if the debtor, guarantor and creditor are at fault, they shall each bear the corresponding civil liability according to their fault.

Article 400 stipulates that in order to establish a mortgage, the parties shall conclude a mortgage contract in writing. The mortgage contract generally includes the following clauses, including the type and amount of the secured claim; the time limit for the debtor to perform the debt; The name and quantity of the mortgaged property and the scope of the security.

2. How to pledge equity.

The pledge contract shall be signed for the equity pledge, and the pledge shall be registered at the Industrial and Commercial Bureau.

According to Article 427 of the Civil Code, which came into effect in 2021, to establish a pledge, the parties shall enter into a pledge contract in writing.

The pledge contract generally includes the following clauses:

1) the type and amount of the secured claim;

(2) the time limit for the debtor to perform the debt;

3) The name and quantity of the pledged property;

(4) the scope of the guarantee;

5) The time and manner of delivery of the pledged property.

Article 443 stipulates that if the pledge is made with ** shares and equity, the pledge right shall be established when the pledge is registered.

**After the share and equity are pledged, they shall not be transferred, except for those agreed upon by the pledgor and the pledgee. The price obtained by the pledgor from the transfer of ** shares and equity shall be paid off or deposited in advance to the pledgee.