Getting Credit
The following table summarize legal rights of borrowers and lenders, and the availability and legal framework of credit registries in China.
Legal Rights Index |
●Can any business use movable assets as collateral while keeping possession of the assets; and any financial institution accept such assets as collateral ? |
●Does the law allow businesses to grant a non possessory security right in a single category of revolving movable assets, without requiring a specific description of the secured assets ? |
●Does the law allow businesses to grant a non possessory security right in substantially all of its assets, without requiring a specific description of the secured assets ? |
●May a security right extend to future or after-acquired assets, and may it extend automatically to the products, proceeds or replacements of the original assets ? |
●Is a general description of debts and obligations permitted in collateral agreements, so that all types of obligations and debts can be secured by stating a maximum amount rather than a specific amount between the parties ? |
●Is a collateral registry in operation, that is unified geographically and by asset type, as well as indexed by the grantor's name of a security right ? |
●Do secured creditors have absolute priority to their collateral outside bankruptcy procedures? |
●Do secured creditors have absolute priority to their collateral in bankruptcy procedures? |
●During reorganization, are secured creditors' claims exempt from an automatic stay on enforcement? |
●Does the law authorize parties to agree on out of court enforcement? |