Shenzhen pawn shops have stopped approving news and will formulate real estate pawn mortgage policies in recent days,In response to the question "Why does Shenzhen not accept the registration of real estate mortgages in the business of pawn companies?",The person in charge of the relevant departments of Shenzhen Municipal Planning and Land Resources Commission gave a detailed reply to Shenzhen Commercial Daily:Currently this practice does not target pawn companies,However, all real estate mortgage registrations between enterprises and enterprises cannot be accepted.,The reason is that there are no relevant laws and regulations as a basis。
1125th of the month,Shenzhen Commercial Daily reported on the recovery of the city’s pawn industry this year。During the interview, the reporter discovered,Persons in charge of several pawn shops reported,The main collateral for small and medium-sized enterprise pawn financing is real estate.,Since the Shenzhen Real Estate Rights Registration Center has not yet accepted the registration of real estate mortgages in the business of pawn companies,,The development of this business is restricted。to some extent,It also limits the development of the pawn industry in Shenzhen.。
The reporter checked my country's "Pawn Management Measures" (hereinafter referred to as the "Measures") that came into effect on April 1, 2005 and found that,It allows the pawnbroker to mortgage his real estate to the pawnbroker,Pay a certain percentage of fees,Get deposit,and pay interest on the deposit within the agreed period、Repay the deposit、redemption pledge。Article 8 of the "Measures" at the same time
Require
,Pawn shops engaged in real estate mortgage pawn business,The registered capital limit is 5 million yuan。
And in Shenzhen,In line with this registered capital
Require
There are many pawn shops in, But why can’t we register real estate mortgage at this city’s real estate registration department so far? The relevant person in charge of the Shenzhen Real Estate Rights Registration Center under the Shenzhen Planning and Land Resources Commission gave a detailed answer to this yesterday。 The person in charge pointed out,Pawn companies that apply for mortgage registration due to real estate mortgage pawn should comply with corresponding laws and regulations.。
According to Article 30 of the "Pawn Management Measures",A pawn ticket is a loan contract between the pawn shop and the pawnbroker.,It is the payment voucher used by the pawnbroker to pay the pawn money to the pawnbroker.。therefore,There is a loan-lending relationship between the pawn shop and the pawnbroker.。According to my country's "Commercial Bank Law" and other relevant financial regulations,,Enterprises carry out loan business,Approval from relevant departments is required. 。
"The popular explanation is,Business-to-business lending,No legal support found yet。Relevant legal provisions of our country,General enterprises cannot engage in banking business such as taking deposits or granting loans.,This is not aimed at pawn companies,but for all businesses。
"The person in charge said, If loans are granted between businesses,For example, a company mortgages its property to a pawnbroker,The nature of its main contract is actually a loan contract,In the event of a dispute between the company and the pawn shop,The court also ruled that the loan contract between the enterprise and the pawn shop was invalid.,Then the mortgage registration handled by the land department based on this invalid contract will face legal risks.。
in recent years,Pawn companies and the Shenzhen Pawn Industry Association use various channels to,Continuous appeals on this issue,Departments in Shenzhen are also aware of the lag in relevant legislation.。The reporter learned,Shenzhen City has given instructions, and Shenzhen Economic, Trade and Information Technology Council will take the lead.,Formulate specific policies for developing real estate pawn mortgage business。Reporters learned yesterday,Specific documents are already being drafted。
Pawn shops can operate the following businesses::
- Chattel pledge and pawn business;
- Property pledge and pawn business;
- Real estate (other provinces、autonomous region、Mortgage and pawn business (excluding real estate in municipalities directly under the Central Government or projects under construction that have not obtained a commercial housing pre-sale license);
- Sale of absolutely suitable items within the limit;
- Appraisal, evaluation and consulting services;
- Other pawn businesses approved in accordance with the law。
The situation of the pawn shop proposed to be transferred is as follows::Registered address:Shenzhen registered capital:1000Wan established time:2025annual license:Pawn shop operating license、Special industry license business scope:Chattel pledge;Property pledge;real estate mortgage;Items must be sold within the limit;Appraisal, evaluation and consulting services;
Advantages
:Established for more than three years,Passed annual inspection with Class A consecutively。
The registered capital limit for pawn shops is 3 million yuan.;Engaged in real estate mortgage pawn business,The registered capital limit is 5 million yuan;Engaged in property pledge and pawn business,The registered capital limit is 10 million yuan。The registered capital limit of a pawn shop shall be the capital paid in by shareholders.,Not included in kind、industrial property、non-technical、Capital contributed as a price for land use rights。
Pawn shops should be established、Improve the following safety systems:
- Collect、Assignment、Redemption certificate (photo) system;
- Inspection of property、custody system;
- Wanted assistance investigation and verification system;
- suspicious reporting system;
- Equipped with security personnel system。Guangdong and Hong Kong license plates、Shenzhen Hazardous Chemicals Business License、Shenzhen labor dispatch licenseandShenzhen Charity Foundationapplication services,Assist customers to applyShenzhen travel agency business license、Shenzhen pawn shop business license、Shenzhen auction house license and other mainstream domestic financial licenses,Support enterprises to achieve compliance expansion of cross-border financial business。Also availableODI overseas investment registration、International travel agency registration and other services,Help enterprises expand their presence in international markets。Provide one-stop compliance solutions for enterprises。To learn more,Please contactHong Kong Information Communications Consultant。
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