How to understand the right to charge electricity
with the popularity of household photovoltaic market, more and more people begin to use their idle roofs to install household photovoltaic power stations. Photovoltaic investment and financing has also become a new trend. On the other hand, there are many household photovoltaic chaos and scams in the market. Then, how to better safeguard their own interests and avoid photovoltaic traps? We will start with the Q & A on the legal basis of PV + finance
in the asset securitization business of power station projects, the power charging right is the basic asset to build the trading structure of securitization products. The understanding of this concept will help us deeply understand the essence of securitization
From nothingpower charging right, as the name suggests, refers to the power generation enterprise's right to charge electricity from the power company or downstream users by selling the generated electricity to the power company or downstream users. The formation of the charging right depends on the following two conditions: (1) the competent power department approves and issues this kind of administrative license for the sample; According to the regulations on the administration of power business license 4. Background parameters of friction and wear testing machine: the background parameters of the manufacturer are set when leaving the factory. Until normal, power generation enterprises can officially carry out power sales after obtaining the power business license (power generation) and having the qualification to participate in power sales. (2) The enterprise carries out electricity sales business to obtain immediate or long-term electricity revenue. The right to charge electricity has both administrative licensing factors and property factors based on electricity revenue
the power business license is the license issued by the administrative organ to the power enterprises that meet the specific conditions to engage in the production and sales of electricity. It is neither property nor assignable
for asset securitization products, the focus is on the property rights of the charging right, which is manifested as the claim right of the power enterprise to the current and future income of the power company or downstream customers based on the power up sales contract. The claim right is based on the creditor's rights of the power sales contract, which is essentially creditor's rights; From the perspective of accounting, the claim can also be expressed as accounts receivable. This kind of creditor's right not only represents the creditor's right claim that has occurred, but also represents the creditor's right claim that will occur in the future; And the creditor's right is relatively independent and can be transferred. In some judicial practices, the court directly treats the power charge right as an account receivable of power generation sales revenue in its judgment. (reference can be made to the case of Xinda Financial Leasing Co., Ltd. v. Talon Power Group Co., Ltd. and other financial leasing contract disputes)
therefore, the power charging right has the aspect of administrative license, which can be used as one of the basis for judging the legal compliance of the underlying assets, and is not included in the assets of securitization transactions; It also has the property side, which is manifested in the creditor's rights of accounts receivable generated by power sales, including spot creditor's rights and future creditor's rights, which are the basic assets established by asset securitization products
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