Financial disputes turn on contract wording, security perfection, limitation periods and enforcement strategy. Chen Bo advises banks, NPL investors and corporate borrowers on the following under P.R.C. law.
Principal, interest and penalty recovery on corporate and personal loans.
Validity, scope and enforcement of guarantor and mortgage/pledge security.
Non-performing loan transfer, auction and debtor negotiation.
Judgment enforcement, asset tracing and preservation measures.
Debt restructuring, settlement and workout arrangements.
Conduct, disclosure and regulatory response for financial institutions.
Generally three years under the P.R.C. Civil Code, running from when the right to claim accrues; interruption/ suspension rules apply. Act before the period expires.
For most mortgaged property, the mortgage right is created upon registration; an unregistered mortgage may not be enforceable against the asset. Perfection timing matters.
Depends on the guarantee type (general vs. joint-and-several) and any conditions in the contract. Joint-and-several guarantors can usually be pursued without first exhausting the borrower.
Enforcement strategy (preservation, third-party claims, restructuring) depends on the facts; early asset tracing improves recovery odds.