スペイン政府は、自営業や中小企業が、資金調達のために、仕事などの動産を銀行からの借金の抵当にできるように法律改正案
Autónomos y empresas podrán hipotecar sus propios negocios
La garantía mobiliaria, nuevo modelo de financiación
El Gobierno prepara nuevas fórmulas para inyectar liquidez a las pymes
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David M. Pérez
03-02-2014 12:41
Freelancers and companies may mortgage their own businesses
The security, new funding model
The government is preparing new ways to inject liquidity to SMEs
.
David M. Pérez
03/02/2014 12:41
The government is working on a package of measures to unclog the financing channels for SMEs and freelancers. Getting a mortgage has become an almost impossible task for small and medium enterprises. One of the new ways being explored is to order and clarify the regulation on movable collateral . The ultimate goal is to enable , for example , an entrepreneur from agriculture to mortgage their future crops to a bank for a loan.
The chattel mortgage is not a new figure. Is regulated by law in 1954 and is a common practice in the financing of large vessels. In such large operations , ship building also functions as a guarantee to the financial institution that puts money in advance. The Government's intention is to update and harmonize this legislation to extend its use. From the Ministries of Economy , Justice and Industry are now finalizing the details of a draft law on secured transactions with more than 100 items. According to sources close to the negotiations , this regulation would parallel the Finance Act , an umbrella standard that includes various measures to improve funding and expected to be ready by the end of March.
"The current legislation is very scattered. The Association of Registrars has long advocated a law that brings secured transactions and unify the regulatory dispersion , and also provides for the update and adjust new figures , "says Ana del Valle, a member of the commercial register of the College Registrar . In addition to aircraft , the mortgage is often used for industrial machinery and commercial establishments . This applies, for example, pharmaceutical or taxi drivers who bring own license as collateral for your business financing. There are other tools where the object finance functions both as collateral.
So with the reservation of title or garment . The first formula is very common to raise credit cars and motor vehicles . The second is used primarily for intangibles. "It may be subject to any chattel security interest that is sufficiently specific or identifiable by its own characteristics and is alienable ," says Del Valle.
One problem is valuation . In principle , it seems easier to value a property or an intangible property right such as future crops of a farmer . Experts agree , however , that if equity is always possible pricing. Less stable , albeit with more risk , which in turn will be reflected in a differential greater interest in credit.
It is, in short, to generalize the categories that have emerged and, above all , reassure creditors in ways that ensure the implementation of security in case of default or be recognized a privileged position in a hypothetical bankruptcy process . The goal is to win the perception that body chattel mortgage is as effective as the security .
You lose the business but preserves the house
Among the virtues defending champions of the security , the protection they would get out property of the employer or self . That is, by shifting the burden of traditional mortgage the house to own commercial property or future income , the employer achieved limit liability if the business goes under.
This applies, for example, the taxi driver to put up as collateral the license. If a default occurs , the result would be the implementation of the guarantee by the bank . Therefore, the license to alienate and will release another taxi. This measure is in line with one of the new features included in the Law on Entrepreneurs. The figure of limited liability companies . The self that is discharged as limited liability companies can save the car and the house of attachable assets with limits.
Fearing that banks closing further tap the credit for the lack of guarantees for the recovery , the proposed registrars happen through strengthening guarantees for transferable securities, such as giving more prominence to register property furniture. " A modern and robust system of security interests is a key factor of financing revival . The ability to provide collateral securities has not been used enough and registration is key here , "they add .
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