Civil Code: Pledge over Rights


(These clauses are selected from The Civil Code of the People’s Republic of China translated and authored by Steve Li and Robert Zhang, international arbitration lawyers registered in Shanghai, China, and published by Kindle Unlimited. No reproduction is allowed unless authorized by the authors.)
 
Section 2 Pledge over Rights
Article 440 Any of the following rights which the obligor or any third party is entitled to dispose of may be pledged as collateral:
(1) bills of exchange, promissory notes, and cheques;
(2) bonds and certificates of deposit;
(3) warehouse receipts and bills of lading;
(4) transferable fund assets and equities;
(5) exclusive rights to use transferable registered trademarks, patents, and property rights in copyrights and other intellectual property rights;
(6) existing and future accounts receivable; and
(7) other property rights which may be pledged as collateral in accordance with laws and administrative regulations.
Article 441 Where a bill of exchange, promissory note, cheque, bond, certificate of deposit, warehouse receipt, or bill of lading is pledged as collateral, the pledge shall be created upon the delivery of such an ownership certificate to the pledgee, or upon the registration of the pledge in the absence of an ownership certificate, unless otherwise specified by law.
Article 442 Where the date of payment or delivery under the bill of exchange, promissory note, cheque, bond, deposit receipt, warehouse receipt, or bill of lading is earlier than the due date of the pledged claim, the pledgee may accept the payment for or the delivery of the cargo, and reach an agreement with the pledgor that the payment taken or the cargo delivered shall be applied to satisfy the claim in advance or placed in escrow.
Article 443 Where any fund asset or equity is pledged as collateral, the pledge shall be created upon the registration of the pledge.
Any fund asset or equity pledged as collateral shall not be transferred unless agreed upon by the pledgor and the pledgee through negotiation. The proceeds from the pledgor's transfer of any fund asset or equity pledged as collateral shall be applied to pay off its debt to the pledgee in advance or placed in escrow.
Article 444 Where the exclusive right to use a transferable registered trademark, a patent, or the property right in a copyright or any other intellectual property rights is pledged as collateral, the pledge shall be created upon its registration.
The pledgor shall not transfer or license any third party to use the property right in any intellectual property rights pledged as collateral unless agreed upon by the pledgor and the pledgee through negotiation. The proceeds from the pledgor's transfer of, or licensing any third party to use, the property right in any intellectual property rights pledged as collateral shall be applied to pay off its debt to the pledgee in advance or placed in escrow.
Article 445 Where an account receivable is pledged as collateral, the pledge shall be created upon the registration of the pledge.
An account receivable pledged as collateral shall not be transferred unless agreed upon by the pledgor and the pledgee through negotiation. The proceeds from the pledgor's transfer of an account receivable pledged as collateral shall be applied to pay off its debt to the pledgee in advance or placed in escrow.
Article 446 In addition to this Section 2, pledge over rights shall also be governed by the provisions of Section 1 of this Chapter XVIII.

Practising lawyers

Robert Zhang

An international lawyer registered in Shanghai, China. Master's degreePublish…

Steve Li

An international lawyer registered in Shanghai, China. Master's degreePublish…

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