Core Viewpoint - The issuance of the "Opinions" by the Guangdong Provincial High People's Court, the Guangdong Provincial Ecological Environment Department, and the People's Bank of China Guangdong Branch marks the first systematic judicial guarantee for carbon emission quota pledge financing at the provincial level in China, providing more institutional support for the monetization of "carbon indicators" held by enterprises in Guangdong [1] Group 1: Challenges and Solutions - Historically, the lack of clear regulations regarding the registration process and default handling for carbon emission quota pledges has led to a situation where financial institutions are hesitant to lend, and enterprises struggle to secure loans [2] - The "Opinions" address these pain points by proposing 13 specific regulations across various dimensions, effectively breaking through key bottlenecks in the financialization process of carbon assets [2] Group 2: Specific Measures - To reduce the dispute risk associated with carbon emission quota pledge financing, the "Opinions" legally define carbon emission quotas as legitimate pledge targets, which gain legal effect upon registration on the provincial trading platform [3] - A dual registration model combining the "People's Bank of China movable property financing unified registration public system" and the provincial trading platform is established to prevent asset transfer risks through real-time freezing functions [3] - The "Opinions" also emphasize judicial service and protection, ensuring the effectiveness of carbon emission quota pledge contracts, and establish a mechanism prioritizing pre-litigation negotiation, with judicial litigation as a fallback [3] Group 3: Encouragement for Financial Institutions - The "Opinions" encourage financial institutions to lend more actively to projects that meet carbon reduction support criteria, promoting a culture of "daring to lend" and "lending more" [3] - To address concerns regarding debtor default, innovative mechanisms such as competitive bidding on the trading platform and payment collection mechanisms are introduced to ensure priority repayment rights for financial institutions [3] - Financial institutions are encouraged to apply for carbon reduction support tools to provide low-cost funding for eligible green loans, with additional policy support and incentives for those excelling in green finance development [3] Group 4: Future Financing Opportunities - The "Opinions" aim not only to resolve current financing challenges but also to expand future financing avenues by encouraging financial institutions to explore diversified financing scenarios, including annual pre-allocated quota pledge financing, carbon sink future revenue rights pledges, carbon emission quota-backed bonds, and carbon asset securitization products [4] - The policy is expected to activate the carbon financial market in Guangdong, providing a replicable "Guangdong experience" for national carbon financial development and promoting green finance and the achievement of dual carbon goals [4]
全国首次!这一融资模式获得司法保障
Jin Rong Shi Bao·2025-08-17 04:19