Equipment can be pledged. With the written consent of the parties concerned, enterprises, individual industrial and commercial households and agricultural producers and operators may mortgage existing and future production equipment, raw materials, semi-finished products and products. If the debtor fails to perform the due debt or realize the mortgage according to the agreement of the parties, the creditor has the right to be paid in priority for the movable property when the mortgage is realized. So the production equipment can be mortgaged.
Second, the types of pledge
Pledge can be divided into chattel pledge and right pledge.
(1) chattel pledge: refers to the debtor or a third party handing over his chattel to the creditor for possession, and taking the chattel as the guarantee of creditor's rights.
(2) Pledge of rights: generally speaking, it is the guarantee to deliver the certificate of rights to the pledgor. The rights that can be pledged include:
1, bills of exchange, checks, promissory notes, bonds, certificates of deposit, warehouse receipts and bills of lading;
2. Shares and stocks that can be transferred according to law;
3. Property guarantee in trademark exclusive right, patent right and copyright that can be transferred according to law.
4. Other rights that can be pledged according to law.
Third, the difference between pledge and mortgage.
(1) pledge is one of the security interests. The biggest difference between mortgage and pledge is that mortgage does not transfer collateral, but pledge must transfer the possession of pledged goods, otherwise it is not pledge but mortgage. The second big difference is that pledge cannot pledge real estate (such as real estate), because the transfer of real estate is not possession, but registration.
(2) Mortgage and pledge are two common guarantee methods in economic activities. But in practice, people often confuse the two, for example, this is a pledge, but it is written as a mortgage in the contract. We should know that mortgage and pledge are two different ways of guarantee, and their legal consequences are different.
1. Mortgage refers to the real right that the debtor or the third party does not transfer the possession of its specific property and takes the property as the guarantee of creditor's rights. When the debtor fails to perform the debt, the creditor has the right to discount or give priority to compensation by auction or sale of the property. Property is called collateral, the debtor or the third party is called mortgagor, and the creditor is called mortgagee. Mortgage can be divided into two types: legal and agreed. Statutory, whether agreed or not, must comply with the provisions; If the law allows the parties to agree, it can be settled through consultation.
The collateral must be the transferable property owned by the mortgagor, and anything prohibited by law or not enjoyed by the parties shall not be used as collateral. A written contract shall be signed for mortgage guarantee, and the contents of the contract shall also include the type and amount of the principal debt guaranteed, the time limit for the debtor to perform the debt, the name, quantity, location, ownership and mortgage scope of the collateral.
The mortgage guarantee shall be registered according to law, and the mortgage contract shall take effect from the date of registration. The acceptance organ of mortgage registration is the real estate management organ, such as the land use right mortgage registration as the land management organ, and the transportation department registration as the ship and vehicle registration organ.
2. Pledge refers to the real right that the debtor or a third party gives his specific property to the creditor for possession as a guarantee for the creditor's rights. When the debtor fails to perform the debt, the creditor has the right to be paid in priority by discounting or auctioning or selling the property.
Property is called pledge, the person who provides the property is called pledger, and the person who enjoys the pledge is called pledgee. A written contract shall be signed for the pledge guarantee, and the pledge contract shall take effect when the pledge or pledge is handed over to the pledgee, and the contents of the pledge contract are basically the same as those of the mortgage contract.
The above is a detailed answer to the question of whether the equipment can be pledged. In the process of our equipment pledge procedures, we can comprehensively handle it according to the actual choice and some matters needing attention, and also understand the scope of its pledge.