F NA CODDOND ES NEEDONN NEWBER U U illiniini DI II I=15号 el T E m r II 11 M III ■ III 《意见》首次在省级层面明确碳排放配额属于合法质押标的，当事人依法签订的碳排放配额担保合同，只要不违反法律、行政法规的强制性规定，人民 法院依法认定其有效，为市场主体提供了稳定的法律预期。 在质押登记环节，针对碳资产权属争议风险，创新建立"人民银行动产融资统一登记公示系统+省级交易平台"双登记模式，化解可能出现的权属争议和 重复质押风险。同时，通过交易平台实时冻结功能防止资产转移风险，彻底堵住重复质押漏洞，为金融机构提供双重保障。 《意见》明确加强司法服务与保障，依法最大限度维护碳排放配额质押合同效力，从严认定合同无效情形，规定了"诉前协商优先，司法诉讼托底"的维 权机制，协商不成的，法院将依法支持当事人通过诉讼实现权利，为市场主体提供高效便捷的纠纷解决通道。 在违约处置环节，《意见》创新设置交易平台竞价、价款代收代付机制，保障金融机构作为质权人的优先受偿权，给质权人吃下"定心丸"，打消了银行 等金融机构"不敢贷"的顾虑。 日前，广东省高级人 ...

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]

Core Viewpoint - The introduction of systematic judicial guarantees for carbon emission quota pledge financing in Guangdong marks a significant step towards developing a unified and active carbon financial market, facilitating green finance and supporting the achievement of carbon neutrality goals [1][2]. Group 1: Regulatory Framework - The new guidelines clarify that carbon emission quotas are legitimate pledge assets, gaining legal effect upon registration on provincial trading platforms [2]. - A dual registration model involving the People's Bank of China and provincial trading platforms is established to mitigate pledge loopholes and prevent asset transfer risks [2]. - The guidelines emphasize the importance of judicial services to uphold the validity of carbon emission quota pledge contracts, with a mechanism prioritizing pre-litigation negotiation and supporting litigation as a fallback [2]. Group 2: Financial Institution Encouragement - Financial institutions are encouraged to lend more confidently to projects that meet carbon reduction criteria, promoting a culture of "daring to lend" and "lending more" [2]. - Innovative mechanisms for handling debtor defaults are introduced, including auctioning on trading platforms and a payment collection mechanism to ensure priority repayment for financial institutions [2]. - The guidelines advocate for financial institutions to actively seek carbon reduction support tools, providing low-cost funding for eligible green loans and offering policy support for institutions excelling in green finance [2].

Core Viewpoint - The recent issuance of the "Opinions" by the Guangdong Provincial High People's Court, the Guangdong Provincial Department of Ecology and Environment, and the People's Bank of China Guangdong Branch provides systematic judicial guarantees for carbon emission quota pledge financing, enhancing the institutional support for the monetization of carbon indicators held by enterprises in Guangdong [3][4]. Summary by Sections Judicial and Financial Innovation - The "Opinions" aim to activate the carbon financial market in Guangdong through a dual approach of judicial guarantees and financial innovation, offering a replicable "Guangdong experience" for national carbon financial development and promoting green finance to achieve carbon neutrality goals [3][5]. Risk Mitigation and Legal Framework - To reduce disputes in carbon emission quota pledge financing, the "Opinions" clarify that carbon emission quotas are legitimate pledge subjects, generating legal effect upon registration on provincial trading platforms [4][5]. - A dual registration model involving the "People's Bank of China movable property financing unified registration system + provincial trading platform" is established to prevent asset transfer risks through real-time freezing functions [5]. Encouragement for Financial Institutions - The "Opinions" encourage financial institutions to lend more confidently to projects that meet carbon reduction support criteria, with innovative mechanisms for handling debtor defaults, including competitive bidding on trading platforms and payment collection mechanisms to ensure priority repayment for creditors [5]. - Financial institutions are urged to actively apply for carbon reduction support tools to provide low-cost funding for eligible green loans and receive policy support for outstanding performance in green finance [5]. Diversified Financing Scenarios - The "Opinions" promote the expansion of diversified financing scenarios by developing annual pre-allocated quota pledge financing, carbon sink future revenue rights pledges, carbon emission quota-backed bonds, and carbon asset securitization products to meet the multi-layered financing needs of enterprises [5].

Core Viewpoint - The recent issuance of the "Opinions on Promoting Carbon Emission Quota Pledge Financing to Support Green Financial Development" 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 policy document at the provincial level for carbon emission quota pledge financing in China [1] Group 1: Legal Framework and Implementation - The "Opinions" clarify that carbon emission quotas are legally recognized as pledgeable assets, providing legal validity upon registration on provincial trading platforms [2] - The document outlines a clear process for handling defaults, including negotiation, bidding, and litigation, which aims to enhance the confidence of financial institutions in lending against carbon quotas [2] - A dual registration model combining the People's Bank of China’s unified movable property financing registration system with provincial trading platforms is introduced to prevent repeated pledging of the same carbon quota [3] Group 2: Financial Opportunities and Market Development - The "Opinions" encourage financial institutions to explore diversified financing scenarios, such as annual pre-allocated quota pledge financing, carbon sink future revenue rights pledges, and carbon asset securitization products [3] - The initiative aims to transform carbon emission rights from an abstract environmental concept into legally protected financial assets, thereby facilitating the realization of the principle that "green mountains and clear waters are invaluable assets" [4] - Despite existing challenges such as market volatility and the accuracy of carbon asset valuation, the "Opinions" demonstrate that with proper legal safeguards and inter-departmental cooperation, green finance can transition from vision to large-scale implementation [4]

Core Viewpoint - The joint 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 provides systematic judicial guarantees for carbon emission quota pledge financing, marking a significant step in developing a unified and active carbon financial market in Guangdong [1][2]. Group 1: Key Regulations and Innovations - The "Opinions" propose 13 specific regulations addressing issues such as dispute resolution, emission reduction incentives, assessment supervision, and guarantee innovations, effectively overcoming key bottlenecks like fragmented rules and weak risk control [1]. - Carbon emission quotas are recognized as legal pledge objects, and legal effectiveness is established upon registration on the provincial trading platform [2]. - A dual registration model involving the "People's Bank of China movable property financing unified registration public system + provincial trading platform" is established to prevent asset transfer risks through real-time freezing functions [1][2]. Group 2: Financial Support and Encouragement - Financial institutions are encouraged to lend more to projects that meet carbon reduction support criteria, with innovative mechanisms for handling debtor defaults, including auctioning on trading platforms and payment collection mechanisms to ensure priority repayment for pledge holders [2]. - Financial institutions are urged to actively apply for carbon reduction support tools to provide low-cost funding for eligible green loans, with policy support and incentives for institutions excelling in green finance [2][3]. Group 3: Market Activation and Future Prospects - The policy aims to activate the carbon financial market in Guangdong through a dual approach of judicial guarantees and financial innovations, providing a replicable "Guangdong experience" for national carbon financial development [3]. - Financial institutions are encouraged to explore diversified financing scenarios, including annual pre-allocated quota pledge financing, carbon sink future revenue rights pledge, carbon emission quota-backed bonds, and carbon asset securitization products to meet multi-level financing needs of enterprises [3].

Core Viewpoint - The introduction of systematic judicial guarantees for carbon emission quota pledge financing in Guangdong marks a significant step towards developing a unified and active carbon financial market, promoting green finance and aiding in achieving the "dual carbon" goals [1][3]. Group 1: Policy Implementation - The new policy clarifies that carbon emission quotas are legitimate pledge subjects, gaining legal effect upon registration on provincial trading platforms [2]. - A dual registration model involving the People's Bank of China and provincial trading platforms is established to prevent asset transfer risks [2]. - The policy emphasizes judicial support to maintain the effectiveness of carbon emission quota pledge contracts and introduces a mechanism prioritizing pre-litigation negotiation [2]. Group 2: Financial Institution Encouragement - Financial institutions are encouraged to lend more confidently to projects that meet carbon reduction support criteria [2]. - Innovative mechanisms for handling debtor defaults are introduced, ensuring priority repayment rights for financial institutions as pledgees [2]. - The policy promotes the application of carbon reduction support tools to provide low-cost funding for eligible green loans and offers incentives for financial institutions excelling in green finance [2]. Group 3: Financing Diversification - The policy encourages financial institutions to explore diverse financing scenarios, including annual pre-allocated quota pledge financing and carbon asset securitization products [2].