Law

Three departments in Guangdong jointly issue opinions on promoting carbon emission quota guarantee

2025-08-20   

Recently, Guangdong Provincial High People's Court, Guangdong Provincial Department of Ecological Environment and Guangdong Branch of the People's Bank of China jointly issued Several Opinions on Promoting Carbon Emission Quota Guarantee to Promote the Development of Green Finance, providing systematic judicial guarantee for carbon emission quota pledge financing for the first time in the country. Throughout the years, there has been a lack of clear rules on how to register carbon emission quota pledges and how to handle defaults, resulting in financial institutions being "afraid to lend" and enterprises being "unable to lend". The "Opinions" issued this time put forward thirteen specific regulations from various aspects such as dispute resolution, emission reduction incentives, evaluation and supervision, and guarantee innovation, effectively breaking through key bottlenecks such as scattered rules and weak risk control, and systematically opening up the bottlenecks of carbon asset financialization. This innovative measure marks a crucial step for Guangdong in building a unified and active carbon finance market, which will further promote the development of green finance in Guangdong and help achieve the "dual carbon" goal. The Opinion aims to reduce the risk of disputes over carbon emission quota pledge financing, clarify that carbon emission quotas are legal pledge targets, and have legal effect after registration on provincial trading platforms. To plug the pledge loophole, the "Opinions" clarify the dual registration mode of "People's Bank of China's unified registration and publicity system for movable property financing+provincial trading platform", and prevent asset transfer risks through the real-time freezing function of the trading platform. The Opinion also points out that it is necessary to strengthen judicial services and guarantees, maximize the effectiveness of carbon emission quota pledge contracts in accordance with the law, strictly determine the invalidity of contracts, and provide a mechanism for safeguarding rights through "pre litigation negotiation priority and judicial litigation support". If negotiation fails, the court will support the parties to realize their rights through litigation in accordance with the law. (New Society)

Edit:Wang Shu Ying Responsible editor:Li Jie

Source:PEOPLE'S COURT DAILY

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