What does a pledge certificate of deposit mean, what does a deposit pledge mean

The pledge of the certificate of deposit refers to the borrower's pledge with the unexpired personal domestic and foreign currency fixed deposit certificates issued by the lending bank (there are also mortgage loans issued by the bank for certificates of deposit issued by other financial institutions that have signed a commitment agreement with the Bank).

As a natural person's creditor's right certificate, the certificate of deposit is a special property certificate of the obligee in reality, which gives the obligee (the owner of the certificate of deposit) the right to request payment of the amount contained in the certificate of deposit from the financial and savings institution that issued the certificate of deposit at any time, and once the request is made, the debtor must unconditionally pay the principal and interest of all the money of the obligee, unless the debtor provides valid evidence to prove the inauthenticity of the certificate of deposit or the seizure and freezing procedures of the judicial or administrative organs have been executed, there is no reason for defense. Based on this, in modern economic life, certificates of deposit are often used as a form of security for creditor's rights and debts, that is, the pledge of certificates of deposit.

To put it simply: if you need a loan, the bank will let you use real estate and other physical objects as security, which is called collateral; If currency, treasury bonds, etc. are valuable, ** is called collateral.

If you say that you have a 100w demand deposit, from the perspective of bank loans, it is not possible, because it is not easy to supervise, you must deposit the demand deposit into a fixed deposit, the fixed deposit will give you a fixed deposit certificate, this fixed deposit can be used as a guarantee for the bank loan, the loan will be handed over to the bank, if the loan is repaid on time, the fixed deposit certificate will be given to you, if the loan is not repaid, the bank will take this fixed deposit certificate to withdraw and repay the loan owed.

This fixed deposit is called a pledged certificate of deposit.

That is, the owner of the certificate of deposit hands over his fixed deposit certificate to the creditor (usually a bank) for possession, and uses the movable property as security for the creditor's right (such as a bank loan), and when the owner of the certificate of deposit fails to perform the debt, the creditor has the right to be repaid with the funds of the certificate of deposit in priority according to law.

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 does not impair its utility; A pledge of rights refers to a pledge with transferable rights as the subject matter.

A pledge is the transfer of possession of a property by the debtor or a third party to the creditor, and the latter takes possession of the property as security for the former to perform some obligation to pay money or perform the contract. When this obligation is fulfilled, the pledged property must be returned.

When the debtor fails to perform its obligations, the creditor has the right to discount or auction the pledge in accordance with the law, and to receive priority payment for the proceeds. The most common pledge is a transaction between a party and a pawnshop.

A deposit pledge is an unexpired fixed deposit certificate issued by the lender by the bank.

As collateral, the process of pledging to the bank to obtain a loan is a kind of lending behavior. The lender applies to the bank for a loan with the unexpired certificate of deposit, because there is a high-quality asset such as a certificate of deposit as collateral, the lender's loan application can generally be approved, and after the loan is issued, the lender needs to repay the principal and interest according to the agreed conditions.

Further information: Deposit pledge loan (certificate of deposit pledge loan) refers to a credit business in which the borrower sets up a pledge with an unexpired personal domestic and foreign currency fixed deposit certificate issued by the bank and other banks, obtains a certain amount of loan from the bank, and repays the principal and interest of the loan on time.

1. Measures for Loans Pledged by Individual Fixed Deposit Receipts.

Article 1 In order to strengthen the management of loans pledged by personal certificates of deposit, in accordance with the Commercial Bank Law of the People's Republic of China.

Guarantee Law of the People's Republic of China.

and other relevant laws and administrative regulations.

These measures are formulated.

Article 2 Personal Certificates of Deposit Pledge Loan (hereinafter collectively referred to as "Deposit Receipt Pledge Loan") refers to the loan business in which the borrower obtains a certain amount of RMB loan from a commercial bank (hereinafter referred to as the lender) with the unexpired personal certificate of deposit as pledge, and the borrower repays the principal and interest at maturity.

Article 3 The term "borrower" as used in these Measures refers to the corresponding civil capacity within the territory of the People's Republic of China.

Natural persons, legal persons and other organizations.

Foreigners, stateless persons, and residents of Hong Kong, Macao and Taiwan who are borrowers shall have resided in the People's Republic of China for at least one year and have a fixed residence and occupation.

Article 4 Certificates of deposit that are used as collateral include certificates of right in the nature of fixed deposits, such as unexpired lump sum deposits, principal deposits and interest withdrawals, and certificates of deposit of foreign currency fixed savings deposits.

Certificates of deposit whose ownership is disputed, secured, reported as lost, invalid or whose payment has been suspended in accordance with law shall not be used as collateral.

Article 5 Where a borrower pledges a small loan (hereinafter referred to as a loan pledged by a certificate of deposit) with a fixed deposit certificate in his or her own name, the bank where the certificate of deposit is opened may authorize the business outlets that handle the savings business to directly accept and issue the loans.

Legal analysis: It is a fixed deposit, if you need a loan, use the bank demand deposit, the bank will deposit the demand deposit into a fixed deposit, and the fixed deposit will give a fixed deposit certificate, which can be used as a guarantee for the bank loan, and the loan will be handed over to the bank, if the loan is repaid on time, the fixed deposit certificate will be given to you.

Legal basis: Civil Code of the People's Republic of China

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.

Article 427:To establish a pledge, the parties shall conclude a pledge contract in writing. The pledge contract generally includes the following provisions: (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 434: Where the pledgee transfers the pledge without the consent of the pledgor during the period of the pledge, causing damage to the pledged property or the loss of suspicion, he shall be liable for compensation.

Article 440 The following rights that the debtor or a third party has the right to dispose of may be pledged: (1) bills of exchange, promissory notes or checks; (2) Bonds and certificates of deposit; (3) Warehouse receipts and bills of lading; (4) The first 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; (6) existing and future accounts receivable; (7) Other property rights that laws and administrative regulations provide may be pledged.

Pledged certificate of deposit means that the borrower pledges the personal domestic and foreign currency fixed deposit certificate issued by the lending bank that has not yet matured, and the certificate of deposit is used as a natural person's creditor's right certificate, and the owner of the certificate of deposit has the right to pay the amount stated therein to the bank that issued the certificate of deposit at any time. Take the bend.

Legal basis] Article 11 of the Measures for the Administration of RMB Unit Deposits.

Depository units can only transfer deposits to their basic deposit accounts by way of transfer, and may not use time deposits for settlement or cash withdrawals from time deposit accounts. When withdrawing a fixed deposit, it is necessary to issue a certificate and provide a reserved seal, and the financial institution where the deposit is located shall go through the withdrawal procedures for it after verifying that it is correct, and at the same time withdraw the certificate.

Article 10. Financial institutions implement account management for corporate fixed deposits (except for large-amount transferable time deposits). When depositing, the unit must submit the application for opening an account, the original business license, etc., and reserve a seal.

The seal shall include the special financial seal of the unit, the seal of the legal representative of the unit (or the seal of the main person in charge) and the seal of the financial and accounting personnel. The deposit-taking financial institution shall issue a "Certificate of Opening a Fixed Deposit Account of a Unit" (hereinafter referred to as the "Certificate") to the depository unit, and the certificate shall only confirm the opening of the account of the depository unit, and shall not be used as a certificate of right to dispel boredom as a pledge.