Share Pledges in China: Prospects under the New Property Law

June 02, 2007 | BY

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The PRC Property Law improves upon the existing vague legal provisions and inconsistent local authority practices regarding share pledges.

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By Wang Ling of Jun He Law Offices

The share pledge1 is a common practice in China and is frequently used by shareholders to provide security for their obligations or indebtedness, especially in transactions like borrowing. As the largest target country of foreign direct investment, China is attracting increasing numbers of multinational investors. Many multinational corporations who are seeking syndicate borrowings use a share pledge to secure their obligations. Meanwhile, domestic companies now recognize the role of the share pledge in lending and are using it as a financing instrument.