Do you need a loan for mining

2. Now mining is deceiving, we need to pull people to invest together, and we need to dig together!

3. Can be in the bank mortgage ah<

mortgage loan of mining right
I. Theoretical Basis of mining right
mineral resources refer to the natural resources formed by geological processes in solid, liquid and gaseous state with utilization price. Mineral resources are owned by the state, and the state ownership of surface or underground mineral resources shall not be changed e to the different land ownership or use rights attached to mineral resources
with the establishment and improvement of the socialist market economic system, great changes have taken place in China's mining policy and market, among which the graal development and improvement of the market for exploration rights and mining rights is a very prominent change
exploration right and mining right is a kind of property right, which is the property or assets of mining enterprises. It should be managed and operated according to the property or assets, so as to prevent it from being infringed and lost, and to maintain and increase the value, so as to maximize the economic benefits. Exploration right and mining right can be sold, priced and invested, cooperated (exploration and mining), leased and mortgaged, which is also a kind of asset management and capital operation. Mineral resources depend on the exploration right and mining right, that is to say, if you want to explore or develop a certain mineral resource, you must first have the exploration right and mining right. If you want to occupy resources, you must first have the exploration right and mining right
exploration right and mining right belong to usufructuary right, which are the right to occupy and use the physical property of mineral resources< Second, mining rights can be mortgaged according to law; Mining rights shall not be sold, leased or used as mortgage; The terms of the contract. And clearly defined & quot; The exploration right may be transferred to another person& quot; Article 27 of the regulations of Fujian Province on mineral resources stipulates: & quot; The exploration right holder may transfer the paid exploration right by means of selling, pricing and investment. The owner of the mining right may transfer the mining right obtained with compensation by means of selling, pricing and investment, or lease or mortgage the mining right obtained with compensation& quot; Regulations on the administration of mineral resources of Guangdong Province; If the exploration right or mining right is obtained through application or bidding and meets the requirements of relevant laws and regulations, it may be transferred, leased or mortgaged with approval according to law& quot; The mining law of China's neighboring countries also stipulates that the mining right can be mortgaged< Thirdly, the value of mining right can be determined by appraisal. The appraisal approaches or methods include income approach, cost approach and market approach, which vary with the degree of resource exploration attached to the mining right. For mining right and exploration right with high degree of exploration work, income evaluation method is generally adopted to estimate the future expected income of the mining right; The exploration right with lower exploration level generally adopts the cost approach, which is related to the exploration cost and the effectiveness of the geological and mineral information obtained from exploration; The market approach is generally implemented in the areas where the market of exploration right and mining right is relatively developed
a mining company in Dehua has a mining certificate approved by the Department of land and resources of Fujian Province, which is valid for 20 years. According to the evaluation of the company's mining right by an accounting firm in Quanzhou, the value of the mining right and its subsidiary development system is 61.38 million yuan< Fourth, the operability of mining right mortgage
in the international civil law, it is generally stipulated that mining right is regarded as real estate property, and the property of real estate property can be applied
Taiwan's & quot; Mining law & quot; It is explicitly stipulated that the mining right shall be regarded as the real right, except for the special provisions of this law, the provisions of the laws on real estate shall apply mutatis mutandis
according to the regulations of Fujian Province on mineral resources, if the mining right holder applies for the mortgage of the mining right, he shall submit the mining license and the report on the current situation of mine development and operation to the mortgagee. The mortgagor may consult the Department in charge of Geology and mineral resources. At the same time: & quot; A mortgage contract should be signed for the mortgage of mining right. The two parties to the mortgage shall, within 30 days from the date of signing the mortgage contract, go through the filing proceres for the mortgage of mining right with the competent department of Geology and mineral resources at the county level in the place where the mining area is located on the strength of the mining license and the mortgage contract. When the mining right is mortgaged, the mining facilities within the mining area will be mortgaged accordingly& quot; It is clear that if the mortgagor fails to pay off his debts when e or declares dissolution or bankruptcy ring the mortgage period, the mortgagee has the right to dispose of the mortgaged property in accordance with laws, regulations and the mortgage contract, and has the priority of compensation
credit review guidelines: & quot; The mortgage registration department of mining right is the Department in charge of Geology and mineral resources, which approves and issues prospecting and mining licenses
guidelines on legal review: & quot 1) Exploration right and mining right are collectively referred to as mining right, which is applicable to the adjustment principle of real estate laws and regulations 2) The leased mining right shall not be mortgaged 3) When the mining right is mortgaged, the mining right holder shall go through the examination and approval registration proceres at the original license issuing authority with the mortgage contract and the mining right license 4) The remedial measures after the mining right license is revoked should be stipulated in the mortgage contract& quot; This is the internal document of the bank that the mining right can be used as the loan mortgage
to sum up, the mortgage of mining right is feasible and legal, which not only has theoretical basis, but also has strong operability
a mining company in Dehua has a mining certificate approved by the Department of land and resources of Fujian Province, which is valid for 20 years. According to the appraisal of Beijing mining right appraisal company, the value of mining right and its subsidiary development system is 61.38 million yuan. The property right of the mortgaged property is clear, the market value of the mining right is large, and the liquidity is good. According to the regulations of mineral resources of Fujian Province, the mortgagor and the mortgagee have gone through the filing proceres of mining right mortgage (approved by the Provincial Department of land and resources) with the local department in charge of Geology and mineral resources (County Bureau of land and resources), and at the same time reported to the mine management office of the Provincial Department of land and resources for filing< 5. The legal basis for the mortgage of mining rights
1. Mineral resources law
2. Guarantee Law
3. Measures for the administration of mineral resources exploitation registration (article 241 of the State Council decree)
4. Detailed rules for the implementation of mineral resources
5. Measures for the administration of geological data
6. Measures for the administration of the transfer of exploration rights and mining rights
6 Mining right mortgage processing proceres (Department in charge of Geology and mineral resources)
1. The applicant puts forward an application
2. The examination and approval hall accepts the application, registration, acceptance and examination
3. The host office examines the application materials
4. The undertaker puts forward examination opinions
5. Examination and Review
6. The bureau leads the signing and approval
7. Issues a notice of approval for filing to the applicant
8 7. Application materials
1. Mortgage filing application
2. Certification materials of mining right without dispute issued by relevant departments in charge of Geology and mineral resources
3. Certification materials of mortgage applicant paying mining right use fee and mining right price according to regulations issued by mining registration authority
4. Raw certification materials of mineral resource compensation fee payment issued by mineral resource compensation fee collection and management authority
5 6. For the mining right in the mineral land funded by the state, the mineral right value certification materials issued by the geological and mineral administration department of the State Council in conjunction with the appraisal agency recognized by the state owned Assets Administration Department of the State Council
7. Documents approved by the state owned assets department for mortgage
8. Mortgage contract
9. Original of mining license

4. Legal consultation: the enterprise takes the mining right as the mortgage to make a loan to the bank. Does this loan belong to the pledge loan or the mortgage loan? Lawyer of Zhonggu legal website: the mortgage of mining right is a pledge loan, because there is no transaction center to knock the mortgage certificate on the mine, and its value definition is generally designated by the head office for evaluation, but those are basically bullshit, because the scale of the mine is generally stated on the mining right. Because the amount of the mortgage of mining right is generally large, it is generally approved by the provincial branch, Head office evaluation related legal knowledge: the difference between pledge and mortgage 1. Pledge is a kind of security interest. The biggest difference between mortgage and pledge is that mortgage does not transfer the mortgaged property, while pledge must transfer the possession of the mortgaged property, otherwise it is not pledge but mortgage. The second big difference is that pledge cannot pledge real estate (such as real estate), because the transfer of real estate is not possession, but registration. 2. Mortgage and pledge are two common ways of guarantee in economic activities. But in practice, some people often confuse the two, for example, it is a pledge, but it is written as mortgage in the contract. We should know that mortgage and pledge are two different ways of guarantee, and their legal consequences are different. So what's the difference between the two 1) Mortgage refers to the real right that the debtor or the third party does not transfer the possession of his specific property and takes the property as the guarantee for the creditor's right. When the debtor fails to perform the debt, the creditor has the right to discount the property or have priority to be paid with the price of auction or sale according to law. The property is called collateral, the debtor or the third person is called mortgagor, and the creditor is called mortgagee. There are two kinds of mortgage: legal and agreed. Statutory, whether agreed or not, must be in accordance with the provisions; If the law allows the parties to agree, it may be settled through consultation. The mortgaged property must be the property owned by the mortgagor, which can be transferred. The property which is prohibited by law or not enjoyed by the parties shall not be used as the mortgaged property. A written contract shall be signed for mortgage guarantee, which also includes the type and amount of the principal debt to be guaranteed, the time limit for the debtor to perform the debt, the name, quantity, location, ownership, mortgage scope of the mortgaged property, etc. According to the law, the mortgage guarantee shall be registered, and the mortgage contract shall come into effect from the date of registration. The acceptance authority of mortgage registration shall be the administrative authority of the property, for example, the mortgage registration of land use right shall be the land administrative authority, the mortgage registration authority of ships and vehicles shall be the registration authority of means of transport, etc 2) Pledge refers to the real right that the debtor or a third party transfers its specific property to the creditor for possession as the guarantee of the creditor's right. When the debtor fails to perform the debt, the creditor has the right to discount the property or auction or sell off the property according to law. The property is called the pledge, the person who provides the property is called the pledgor, and the person who enjoys the pledge is called the pledgee. A written contract shall be signed for the pledge guarantee. The pledge contract takes effect when the pledge or the pledge right is transferred to the pledgee. The content of the pledge contract is basically the same as that of the mortgage contract.

5.

Yes, the mortgage loan of mining right refers to the mortgage loan with legal mining right as collateral

the mining right in the mortgage loan of mining right must comply with the relevant laws and regulations, so the mining right that can be mortgaged must meet the following conditions:

(1) the mining enterprise has been in mining proction for one year

(2) the ownership of mining right is not disputed

(3) in accordance with the relevant provisions of the state, the mining right use fee, mining right price, mineral resources compensation fee and resource tax have been paid

(4) other conditions stipulated by the Department in charge of Geology and mineral resources under the State Council

(5) the leased mining right shall not be mortgaged

(6) in principle, the mining right should not be partially mortgaged

According to Article 55, the mortgage of mining right refers to the act that the owner of mining right, as the debtor, provides guarantee to the creditor with the mining right under the premise of not transferring possession according to relevant laws

the debtor who takes the mining right as the mortgage is the mortgagor, the creditor is the mortgagee, and the mining right which provides the guarantee is the collateral. It can be seen that mining rights can be mortgaged. We should pay attention to the following items in the mortgage of exploration right and mining right:

1. It must comply with the relevant provisions of the guarantee law of the people's Republic of China, the mining license is within the period of validity, the ownership of mining right is not disputed, and other conditions stipulated by laws and regulations

2. If the creditor requires the mortgagor to provide the value of the mortgaged property, the mortgagor should entrust the evaluation agency to evaluate the mortgaged property

When the exploration right and mining right are mortgaged, the holders of the exploration right and mining right should go through the filing proceres at the original license issuing authority with the mortgage contract and the license of the exploration right and mining right. Within 20 days after the termination of the mortgage relationship between the exploration right and the mining right, the holders of the exploration right and the mining right shall inform the original license issuing authority in writing

When the license of mining right owner is revoked, the consequence will be borne by the debt

6. The mining of aluminum ore requires relevant examination, approval and license
mineral resources exploration registration and mining examination and approval

Article 12 the State implements a unified block registration management system for mineral resources exploration. The Department in charge of Geology and mineral resources under the State Council shall be responsible for the registration of mineral resources exploration; The registration of mineral resources exploration for specific minerals may be undertaken by the relevant competent departments authorized by the State Council. The administrative measures for the registration of mineral resource exploration blocks shall be formulated by the State Council

Article 13 the mineral reserves examination and approval authority under the State Council or the mineral reserves examination and approval authorities of provinces, autonomous regions and municipalities directly under the central government shall be responsible for examining and approving the exploration reports used for mine construction and design, and give an official reply to the submitting units within the prescribed time limit. Without approval, the exploration report shall not be used as the basis for mine construction and design

Article 14 the archival data of mineral resources exploration achievements and the statistical data of various mineral reserves shall be subject to a unified management system, and shall be remitted or filled in according to the provisions of the State Council< Article 15 the establishment of a mining enterprise must meet the qualification requirements prescribed by the state, and the examination and approval authority shall, in accordance with the relevant laws and regulations of the state, examine its mining area, mine design or mining plan, proction technical conditions, safety measures and environmental protection measures; Only those who pass the examination will be approved< Article 16 Mining of the following mineral resources shall be examined and approved by the Department in charge of Geology and mineral resources under the State Council, and a mining license shall be issued:

(1) mineral resources in mining areas planned by the state and of great value to the national economy< (2) mineral resources with large-scale or more mineral reserves available for exploitation outside the areas specified in the preceding paragraph< (3) specific minerals that are protected by the state< (4) mineral resources in the territorial sea and other sea areas under the jurisdiction of China< (5) other mineral resources stipulated by the State Council<

the exploitation of specific minerals such as oil, natural gas and radioactive minerals can be examined and approved by the relevant competent department authorized by the State Council, and a mining license can be issued< For the mining of mineral resources other than those specified in the first and second paragraphs, if the reserve scale of the mineral resources available for mining is medium-sized, the Department in charge of Geology and mineral resources of the people's Government of the province, autonomous region or municipality directly under the central government shall examine and approve and issue a mining license<

the administrative measures for mining mineral resources other than those specified in the first, second and third paragraphs shall be formulated by the standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the central government according to law< The departments in charge of Geology and mineral resources under the people's governments of provinces, autonomous regions and municipalities directly under the central government shall summarize and report to the Department in charge of Geology and mineral resources under the State Council for the record

the criteria for the classification of large and medium-sized mineral reserves shall be prescribed by the mineral reserves examination and approval authority under the State Council< Article 17 The State shall carry out planned mining for mining areas planned by the state, mining areas of great value to the national economy, and specific minerals for which protective mining is prescribed by the state; No unit or indivial may exploit coal without the approval of the relevant competent department of the State Council< Article 18 after the scope of mining areas planned by the state, the scope of mining areas of great value to the national economy, and the scope of mining areas of mining enterprises are demarcated according to law, the competent authority that demarcates the scope of mining areas shall notify the relevant people's governments at the county level to make an announcement

If a mining enterprise changes the scope of a mining area, it must report to the original examination and approval authority for approval, and report to the authority that originally issued the mining license for re issuance of the mining license< Article 19 local people's governments at all levels shall take measures to maintain normal order in the mining areas of state-owned mining enterprises and other mining enterprises within their respective administrative areas

No unit or indivial is allowed to enter the mining area of state-owned mining enterprises and other mining enterprises established by others according to law< Article 20 mineral resources shall not be mined in the following areas without the consent of the competent authorities authorized by the State Council:

(1) within the designated areas of ports, airports and national defense engineering facilities< (2) within a certain distance from important instrial areas, large-scale water conservancy engineering facilities and urban municipal engineering facilities< (3) within a certain distance on both sides of railway and important highway< (4) within a certain distance from both sides of important rivers and dams< (5) nature reserves and important scenic spots designated by the state, as well as places of historical and cultural relics and places of historic interest that cannot be moved and protected by the state< (6) other areas that are not allowed to exploit mineral resources according to state regulations< Article 21 when a mine is to be closed, it is necessary to submit a mine closure report and relevant data on mining and excavation projects, unsafe hidden dangers, land reclamation and utilization, and environmental protection, and submit it to the state for examination and approval< Article 22 rare geological phenomena and cultural relics of great scientific and cultural value discovered in the exploration and exploitation of mineral resources shall be protected and reported to the relevant departments in a timely manner< br />

7. Hello, I am a national registered land appraiser and real estate appraiser. As for the question you asked, according to the current laws and regulations,
according to Article 39 of the mineral resources law, if you want to mortgage with the mining certificate, you must register the mortgage with the issuing unit with the mining certificate
in accordance with the Interim Provisions on the administration of the transfer of mining rights, the following materials should be submitted when handling:
1
2. Original and plicate of mining license
3. The business license of the mining right owner, the ID card of the legal representative or the enterprise
investor and the partner in charge of partnership affairs
(if entrusted, the original power of attorney and the ID card of the operator shall also be submitted)< 4. Mining right mortgage contract and loan contract (original version); Certification materials issued by the Ministry of land resources management of the country where the mining enterprise is located that the mining ownership is not disputed and there is no illegal mining behavior
5. Effective mining right value evaluation report
6. Paid acquisition (disposal) certificate of mining right
the processing procere is to accept at the national soil resources window of the administrative service hall, review by the mineral development section, approve or issue by the leaders of the Bureau, issue the approval results, and collect at the national soil resources window of the administrative service hall. The processing time limit is 20 working days without charge
7. When the mining right is mortgaged, the mining right holder shall register with the registration authority with the mortgage contract and mining license. Within 20 days after the mortgage of mining right is released, the mining right holder shall inform the registration authority in writing. The mortgage of mining right established in violation of relevant laws and regulations is invalid
8. When the debtor fails to perform the debt, the creditor has the right to apply for the realization of the mortgage and be compensated according to law from the proceeds from the disposal of the mining right. The new mining right holder should meet the legal qualification conditions, and the parties concerned should go through the registration proceres for the transfer and change of mining right in accordance with the law. When the mining right holder's license is revoked, the debtor shall bear the same consequences
9. If the mining right is obtained free of charge from the state, the price of the mining right should be paid in accordance with the law before the mortgage is set, otherwise the mortgage will be invalid. Matters not covered, private letter contact, remember to choose as the best answer

8. At present, if the mining right cannot be mortgaged, CMB will accept commercial housing / commercial housing with clear procts and strong liquidity as collateral, and require that the property right certificate has been completed, that it can be listed and circulated, and that it can handle mortgage registration according to law, that there is no adverse liquidation such as property right dispute, and that whether the specific farmers' housing / demolition housing / self built housing / fund-raising housing / small property right housing can apply for loans, It is recommended to directly contact the personal loan department of local outlets for consultation.