What Property Can Be Used For Collateral?

The 180th debtor or the third party has the right to punish the following property Yes? mortgage :

(1) buildings and other land attachments;

(two) the right to use construction land;

(three) land contract and management rights such as wilderness, such as bidding, auction and public consultation;

(four) production equipment, raw materials, semi-finished products and products;

(five) buildings, ships and aircraft under construction;

(six) traffic and transportation tools;

(seven) other property that is not prohibited by law or administrative regulations.

The mortgagor may mortgage the property listed in the preceding paragraph together.

This provision is about the scope of mortgaged property. According to the provisions of this article, mortgage of property must conform to two conditions: first, the debtor or third party has the right to dispose of mortgage property; and second, the property that can be mortgaged under this article.

The debtor or the third party shall have the right to dispose of the mortgaged property, including:

(1) the debtor or the third party is the owner of the mortgaged property.

(2) the debtor or the third party has the usufructuary right to the mortgaged property, and the law stipulates that the usufructuary right can be mortgaged. For example, the thirty-first provision of the urban real estate management law stipulates that when the real estate is transferred or mortgaged, the right to the use of the land in the occupied area will be transferred and mortgaged at the same time. The forty-seventh provision stipulates that the ownership of the house acquired according to law and the right to use the land within the occupied area of the house may be mortgaged. "The right to the use of land obtained by way of granting may be mortgaged. "

(3) the debtor or the third person may, in accordance with the provisions of the law or administrative law or with the approval of the competent government department, mortgage the property that he owns or uses. For example, the fifteenth provision of the "Regulations on the transformation of operating mechanism of industrial enterprises owned by the whole people" stipulates that state owned enterprises can independently decide whether to lease or to pay for the general fixed assets in accordance with the needs of production and operation. For key equipment, complete sets of equipment or important buildings approved by the competent government departments, they can also be mortgaged or paid for transfer. {page_break}

　　 Property that can be mortgaged under the property law includes:

1. buildings and other land attachments. Buildings include residential buildings, gymnasium and so on. Other land attachments refer to buildings other than houses outside the land, including bridges, tunnels, dams, roads and other structures, as well as trees, crops and so on.

2. the right to use construction land. The right to use construction land is the right of the right subject to possess, use and gain the land owned by the state according to law.

3. land contract and management rights such as wilderness, such as bidding, auction and open consultation. The contracting of wasteland through bidding, auctioning and public consultation, whether the contractor is a member of the collective economic organization or the units and individuals outside the collective economic organization, can legally mortgage the contracted management right of wasteland.

4. production equipment, raw materials, semi-finished products and products. The production equipment includes: all kinds of machine tools, computers, chemical experiment equipment, instruments and meters, communication equipment, seaports, terminals, loading and unloading machinery of the stations, tractors, harvesters, threshing machines and other agricultural machinery. Raw materials refer to raw materials and materials used for making products, such as iron ore used for steelmaking, pulp for paper making, timber for furniture, wheat for making flour, bricks, tiles, sand and stone for construction. Semi finished products refer to products not yet fully produced, such as cars that have not yet been assembled, garments that have not yet been stitched, and immature crops. Products refer to things produced. Such as vehicles, ships and other means of transport, instruments, instruments, machine tools and other production equipment, televisions, refrigerators, rice, white noodles and other daily necessities.

5. buildings, ships and aircraft under construction. The guaranty law does not specify that buildings, ships and aircraft under construction can be mortgaged. In practice, construction projects tend to have a long cycle and large capital gaps. Building structures, ships and aircrafts are used as guarantees, which play an important role in solving the financing difficulties of builders and ensuring the smooth completion of construction projects.

6. means of transport. The means of transportation include aircraft, ships, trains, various kinds of motor vehicles, etc.

7. other property that is not prohibited by law or administrative regulations. This is a stipulation to meet the changing needs of economic life.

This provision indicates that there must be two conditions for the mortgage of other property other than the previous six provisions: (1) it is not the property prohibited by law or administrative regulations, and (2) the debtor or the third person has the right to dispose of the property.

The enterprise can guarantee the chattels, immovable property and certain rights of the enterprise as a whole, for example, the assets of the plant, machinery and equipment, inventory finished products, industrial property and so on shall be mortgaged to the bank as the total assets. However, when the property is mortgaged together, the quantity, quality, status and value of the property should be clear.