IFC Advises on New Chapter of Chinese Property Law: New Legislation Improves Access to Finance for Small and Medium Enterprises and Farmers
In Washington, DC
Christine Bowers
Phone: + 1 (202) 458-8472
Email: cbowers@worldbank.org
In Hong Kong
Andrew Mak
Phone: + (852) 2509-8110
Email: amak@ifc.org
In Beijing
Helen Ni
Phone: + (86) 10 5860-3262
Email: hni@ifc.org
Washington D.C., March 19 2007 —
The National People’s Congress of China has approved the country’s new
Property Law, which includes a chapter on secured transactions. Developed
with support from IFC, the private sector arm of the World Bank Group,
the chapter significantly improves the legal framework for secured financing
in the country, potentially putting in circulation over $2 trillion of
movable assets mostly held by small and medium enterprises and farmers
in China.
In most developed economies, movable assets such as accounts receivables,
inventory, and equipment play a major role in securing financing for businesses.
For example, in North America, about 70 percent of small-business financing
is secured by movable property. A key feature of the chapter on secured
transactions is the new inventory and accounts receivable financing, which
was not previously possible due to legal restrictions. The new Property
Law now allows debtors to access secured credit by providing their present
and future-acquired assets, raw materials, finished goods, and accounts
receivables as collateral. Currently, these assets cannot be fully used
to secure loans, and businesses rely mainly on their retained earnings
or informal sources of finance.
The Chinese and international financial institutions both welcome these
changes, as 98 percent of banks would like to do bulk-receivables financing,
according to a survey conducted by IFC and the People’s Bank of China
in 2005. “This law is a quantum leap in access to finance, particularly
for millions of small businesses and farmers in China that hold inventory
and receivables as their primary assets,” said Pierre Guislain, General
Manager of FIAS, the World Bank Group’s Investment Climate Advisory Service.
IFC Advisory Services has been working with key Chinese stakeholders for
the past three years to improve China’s legal and institutional framework
for secured lending. “The Chinese government has put in a tremendous effort
into this law and has considered practices in both developed and emerging
economies,” said Mario Fischel, General Manager of IFC PEP-China. Over
the last decade, a number of countries in emerging markets, including Bosnia,
Cambodia, Romania, Slovakia, and Vietnam have reformed their secured transactions
laws. While the new Chinese law provides significant improvement to the
existing lending environment, experiences from other reformers suggest
that the legal provisions need to be backed with broader institutional
reforms and assistance in implementation to maximize the impact.
About IFC
IFC, the private sector arm of the World Bank Group, promotes open and
competitive markets in developing countries. IFC supports sustainable
private sector companies and other partners in generating productive jobs
and delivering basic services, so that people have opportunities to escape
poverty and improve their lives. Through FY06, IFC Financial Products has
committed more than $56 billion in funding for private sector investments
and mobilized an additional $25 billion in syndications for 3,531 companies
in 140 developing countries. IFC Advisory Services and donor partners have
provided more than $1 billion in program support to build small enterprises,
to accelerate private participation in infrastructure, to improve the business
enabling environment, to increase access to finance, and to strengthen
environmental and social sustainability. For more information, please visit
www.ifc.org.
IFC in China
China is IFC’s fifth-largest country portfolio and one of our fastest-growing
client countries. One of IFC's strategies in helping the country’s
financial sector is to improve access to finance, especially for small
and medium enterprises. In FY06, IFC committed $639 million in 24
projects in China. Since its first investment in 1985, and as of
December 31, 2006, IFC has provided $3.16 billion for 123 projects in China.
IFC PEP-China is the Advisory Services facility managed by IFC and cofunded
by the governments of Australia and the United Kingdom. The facility supports
the sustainable development of small and medium enterprises in China. It
focuses on less-developed regions of the country with the goal of bridging
growing income gaps.
About FIAS
FIAS is a multidonor service of the IFC, the private sector arm of the
World Bank Group; the Multilateral Investment Guarantee Agency; and the
World Bank. FIAS advises governments of developing and transition countries
on how to improve their investment climate for domestic and foreign investors,
focusing on four main areas: investment climate diagnostics, investment
laws and promotion, administrative barriers solutions, and industry competitiveness.
Since its establishment in 1985, FIAS has assisted over 130 countries in
increasing the level and impact of private investments through more than
680 projects. For more information, visit www.fias.net.
|