Existing without Equity: is the floating charge a successful importation in China?

Lei Zhang discusses China’s efforts to develop a coherent and comprehensive financial system corresponding to the worldwide financial boom, considering the potential role of the floating charge as a security mechanism in financial system regulation and insolvency process, enabling creditors to contr...

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Main Author: Lei Zhang
Format: Article
Language:English
Published: University of London 2018-09-01
Series:IALS Student Law Review
Online Access:https://journals.sas.ac.uk/index.php/lawreview/article/view/4900
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author Lei Zhang
author_facet Lei Zhang
author_sort Lei Zhang
collection DOAJ
description Lei Zhang discusses China’s efforts to develop a coherent and comprehensive financial system corresponding to the worldwide financial boom, considering the potential role of the floating charge as a security mechanism in financial system regulation and insolvency process, enabling creditors to control loan risks and consequently lowers the cost of credit to debtors. The importation of the floating charge was contemplated to improve the financing ability of companies and therefore accelerate the financial liquidity in the Chinese market economy. It was expected to facilitate the development of privately-owned small and medium enterprises under “policy-lending” context, where the Chinese government controlled bank lending mainly towards state-owned enterprises. However, those conceptual advantages can only be achieved if the floating charge can operate in the host legal environment efficiently and harmoniously. The author explains that since the floating charge is a product of equity, there are many problems faced by Chinese legislators.
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spelling doaj.art-0b7162ca9d1c412b9554ba9c2e03419f2022-12-21T19:10:32ZengUniversity of LondonIALS Student Law Review2053-76462018-09-01212910.14296/islr.v5i2.49004900Existing without Equity: is the floating charge a successful importation in China?Lei ZhangLei Zhang discusses China’s efforts to develop a coherent and comprehensive financial system corresponding to the worldwide financial boom, considering the potential role of the floating charge as a security mechanism in financial system regulation and insolvency process, enabling creditors to control loan risks and consequently lowers the cost of credit to debtors. The importation of the floating charge was contemplated to improve the financing ability of companies and therefore accelerate the financial liquidity in the Chinese market economy. It was expected to facilitate the development of privately-owned small and medium enterprises under “policy-lending” context, where the Chinese government controlled bank lending mainly towards state-owned enterprises. However, those conceptual advantages can only be achieved if the floating charge can operate in the host legal environment efficiently and harmoniously. The author explains that since the floating charge is a product of equity, there are many problems faced by Chinese legislators.https://journals.sas.ac.uk/index.php/lawreview/article/view/4900
spellingShingle Lei Zhang
Existing without Equity: is the floating charge a successful importation in China?
IALS Student Law Review
title Existing without Equity: is the floating charge a successful importation in China?
title_full Existing without Equity: is the floating charge a successful importation in China?
title_fullStr Existing without Equity: is the floating charge a successful importation in China?
title_full_unstemmed Existing without Equity: is the floating charge a successful importation in China?
title_short Existing without Equity: is the floating charge a successful importation in China?
title_sort existing without equity is the floating charge a successful importation in china
url https://journals.sas.ac.uk/index.php/lawreview/article/view/4900
work_keys_str_mv AT leizhang existingwithoutequityisthefloatingchargeasuccessfulimportationinchina