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Pawn and consignment are two different concepts in meaning and laws and regulations currently promulgated in China. Pawn is a licensed currency transaction, and the establishment or operation of a pawn company has a prerequisite, that is, it must be adjusted and restricted by the "Pawn Management Measures" promulgated by the state. Consignment is a general transaction of goods, that is, the process of settlement and payment after the owner puts the goods in the consignment bank and the consignment bank sells the goods is called consignment. However, in real life, people are used to misunderstanding that the consignment bank is a pawnshop and the pawnshop is a pawnshop.

Immediately, the word "pawn" appeared in the local market, and a large number of consignment banks engaged in pawn business appeared. Some consignment banks don't even talk about their business scope, regardless of whether the procedures are complete or not, and regardless of the source of the stolen goods. Some of them use the name of consignment bank to make huge profits and usury, which provides soil and space for criminals to grow up, thus causing the instability that motorcycles and private houses are often stolen by citizens.

It can be seen that identifying and distinguishing the meanings of pawn and consignment sales is related to China's social stability and economic development, to the people's living and working in peace and contentment, and even to our re-understanding of the urgent need to rectify the pawn and consignment sales market.

On the basis of my pawning practice in recent years, I will talk about pawning and consignment, and by the way, I will make some suggestions for the reference of leaders at all levels and colleagues from all walks of life.

One. Pawn and pawn company

1, Pawn-refers to a pawn shop that pledges or mortgages its own real estate as its movable property and property rights, pays a certain percentage of fees, obtains pawn money, pays the interest of the pawn shop, and repays and redeems the pawn shop within the agreed time limit.

2. Pawn companies (or pawn shops) must apply for the approval of the Ministry of Commerce, and have special trade licenses issued by the Ministry of Commerce and business licenses issued by the industrial and commercial departments. According to Article 8 of Chapter II of the Pawn Management Measures: "The minimum registered capital of a pawnshop is 3 million yuan; The minimum registered capital for engaging in real estate mortgage pawn business is 5 million yuan; Engaged in property rights pledge pawn business (securities, stocks, etc.). ), the minimum registered capital is 6,543,800 yuan.

Two. Consignment banks and adjustment companies

Consignment (or company adjustment) is a kind of trade method of agency sales. According to the conditions stipulated in the consignment agreement, the consignor replaces the consignor, and after the goods are sold, the consignor and the consignor settle the payment.

Third, the difference between pawn companies and consignment banks (swap companies)

1, the nature of enterprises and businesses is different. Although both are commercial activities, the business activities of the consignment bank are to store and sell second-hand small commodities, which belong to general commercial activities; Pawnshop is a special industrial and commercial enterprise with capital lending as its business activity. Consignment business is a trust trade business, and pawn business is a special financial business.

2. Different ways of making profits. Consignment banks use the procedure of collecting goods after consignment as a means of profit; Pawnshops make a profit by issuing loans and charging interest and fees.

3. Different business objects. Consignment banks deal in second-hand goods and small commodities, and the characteristics of the business process are the flow of small commodities; The object of pawnshop management is money, and the operation process is manifested as the movement of monetary funds.

4. The nature and ways of commodity sales are different. The consignment bank has no ownership of the goods it sells, but is entrusted by the customer to exercise the consignment right, and the ownership of the goods belongs to the customer, and the sales method is single and limited to the counter; The purpose of pawn sales in pawn shops is to pay off the creditor's rights and debts of pawn loans. Because the customer pawns, the ownership of the goods has been transferred to the pawnshop in whole or in part, and the sales method can be realized not only at the counter, but also through discount sales and auction.

5. The enterprise scale and establishment procedures are different. The registered capital of consignment banks generally ranges from tens of thousands to hundreds of thousands of yuan, and the scale is small. It can be directly established by registering with the industrial and commercial departments without prior approval. The minimum registered capital of a pawnshop is RMB 3 million and the maximum is RMB10 million. As a state-controlled franchise industry, they have a special department in charge. Before their establishment, they need to be examined and approved by the competent department and the public security special industry department at all levels, and then they can be registered in the industrial and commercial department after obtaining the business license.

Four, the bank (or agency) in accordance with the relevant laws and regulations are not allowed to operate.

1. Trading in gold and platinum is not allowed. According to Article 22 of the Regulations on the Administration of Gold and Silver in People's Republic of China (PRC): "Entrusting and consignment shops shall not purchase or consign gold and silver products and gold and silver equipment". Chapter VI Rewards and Punishment Paragraph 4 of Article 3 1: "Whoever violates the provisions of Article 22 of these regulations by operating without approval, or changing the business scope without authorization, purchasing, misappropriating or deducting the remaining silver, shall be fined or confiscated by the administrative department for industry and commerce. If the circumstances are serious, the business license may be revoked and ordered to suspend business. "

2. It is not allowed to operate motor vehicles and real estate. According to Article 4 1 and Article 42 of the Guarantee Law of People's Republic of China (PRC) (hereinafter referred to as "Guarantee Law"), motor vehicles and real estate mortgaged items shall be registered as collateral; If the vehicle is mortgaged, it shall be the vehicle registration department; According to Article 6 1 of People's Republic of China (PRC) Urban Real Estate Management Law: "When real estate is mortgaged, it shall be registered with the department specified by the local people's government at or above the county level"; According to Article 3 of the Measures for the Administration of Urban House Ownership Registration: "The house ownership registration mentioned in this Law refers to the act of the real estate administrative department on behalf of the government to register the house ownership and other house rights such as mortgage rights arising from the above rights, and to confirm the ownership relationship of the house property rights according to law". In this regard, the motor vehicle and real estate registration department has confirmed that the consignment bank's business behavior does not belong to the licensing category of assisting in registration.

3. Trading in securities or stocks is not allowed. According to the Measures for the Administration of Pawn, an enterprise that is allowed to deal in securities or stocks must be a pawn company officially approved by the Ministry of Commerce, the public security department and the administrative department for industry and commerce, with a pawn business license issued by the Ministry of Commerce, a special trade license issued by the municipal public security department and a business license issued by the industrial and commercial department, and its registered capital must reach more than 6,543,800 yuan.

4. It is not allowed to operate with the word "pawn". According to Article 5 of the Pawn Management Measures: "Other business organizations and institutions shall not contain the word" pawn "in their names, and shall not engage in pawn business or engage in pawn business in disguised form". According to Article 58 of the Pawn Management Measures: "Those who illegally set up pawn shops, promotion agencies or engage in pawn business in other ways shall be punished in accordance with the Measures for the Investigation and Banning of Unlicensed Business in the State Council".

Five, to strengthen the rectification of local consignment banks and adjustment banks.

In a word, with the deepening of market economy reform in China, it is difficult for financial departments to approve loans, while the procedures for approving interim reports of pawn companies are very strict, and it is easy to apply for consignment banks. There is no responsible department, and some idle people of black forces in society exploit policy loopholes. In recent years, they have been engaged in gold, platinum, motor vehicles, real estate, white bars, securities, usury and other businesses for a long time under the guise of handling consignment and adjustment business, which is beyond the scope and illegal. In this regard, in order to standardize pawn shops' behaviors, strengthen supervision and management, crack down on illegal business practices and promote the healthy and orderly development of the pawn industry, it is suggested that relevant departments at all levels, such as the Administration for Industry and Commerce, the Public Security Bureau, the Bureau of Commerce and so on, should rectify them in accordance with relevant laws and regulations such as the Pawn Management Measures, the People's Republic of China (PRC) Guarantee Law, the People's Republic of China (PRC) Contract Law, and the Measures for Investigating and Banning Unlicensed Business!