The Pledge voucher It is the security or financial document that certifies the relationship or the presence of a pledge on the goods or merchandise indicated in a certificate of deposit, to which said bond is attached.
The bonds issued may be attached to the certificate or separated from it. The certificate guarantees the ownership of the deposited products that are in a deposit warehouse.
These two documents are produced by a depository warehouse. This is considered in the legal statute as a financial institution supervised and duly authorized by the Superintendency of Banks..
Being able to negotiate with pledge bonds through the stock market empowers the productive sector to use its inventories of finished products or raw materials as a source of financing.
There are two possible forms of payment for the pledge voucher. The first, with the pledge debtor, whose financial strength and moral quality were assessed before making the investment. The second, through the auction of the products that make up the guarantee of the title.
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The pledge voucher and the certificate of deposit are created with the purpose that the depositor can place or sell a merchandise that is in a warehouse without having to remove it. I could also pawn it without having to move it.
The pledge bond has been an attached title, because it is issued based on the certificate of deposit.
For individually designated merchandise, only one voucher will be issued. If it refers to generically designated goods, a voucher will be issued attached to the certificate of deposit.
In any case, the stores will issue the vouchers by detaching them from checkbooks. There the same data of the issued certificates will be registered.
The pledge bond can only be negotiated for the first time, separately from the certificate of deposit, with the interposition of the warehouse that issued these documents. Otherwise, with the interposition of a credit institution.
Negotiating the pledge bond represents how to apply for a loan, delivering the pledge bond as collateral for it. This in order for the borrower to hold the pledge on the goods insured by the bond..
The actions against the endorsers and their guarantors, to be carried out by the holder of the pledge bond, expire for the following reasons:
- By the holder not having requested the sale of the stored products.
- Not having claimed the bonus in the terms established by law.
- For not having executed an action in the following three months after the date of sale of the deposited merchandise, or the day when the warehouse communicates to the bondholder that such sale cannot be made, or the day when the warehouse opposes to grant the amounts indicated by law.
Even if the actions against the endorsers and their guarantors expire, the holder of the pledge bond may maintain his action towards the person who negotiated the bond for the first time apart from the certificate, and against their guarantors..
The actions from the certificate of deposit to withdraw the goods prescribe in three years, from the expiration of the period indicated in the certificate for the deposit.
The shares from the pledge bond also prescribe in three years, from the expiration of the bond.
The pledge voucher is used to evidence the establishment of a pledge credit on the goods or merchandise mentioned in the corresponding certificate of deposit..
This certificate of deposit endorses the possession of the goods or merchandise protected in the depository warehouse that issued said certificate.
On the other hand, the pledge voucher confirms that there is a pledge credit, composed of the merchandise or goods listed in the certificate of deposit to which it is attached. The pledge voucher itself grants the privileges and rights of the pledge.
When merchandise is deposited in a general warehouse and the depositor requests that pledge bonds be issued together with the certificate, this will be detached from the check book that the warehouse has for that purpose..
In addition, it will deliver blank forms of pledge bonds so that, when the depositor so wishes, they are used to give the merchandise that they receive as collateral..
From the moment they are delivered, the depositor will have the option of "encumbering" their merchandise by filling in and delivering the pledge bonds for it. You can also not do it and wait for the term of the deposit to end to collect your goods.
In the event that the depositor requires any assistance that, in order to obtain it, a guarantee is requested, he / she may offer it by physically delivering the duly filled pledge bonds. Briefly, the procedure is as follows:
The pledge bond can be negotiated by several people and on different occasions. However, the first time it is negotiated, it must be done with the interposition of the warehouse where the merchandise is deposited. Failing that, with the filing of a credit agency.
During the negotiation act, the voucher form issued by the warehouse for this must be filled out. The data must be filled in accurately both by the warehouse and by the certificate holder. They will be responsible for any inaccuracies or omissions incurred..
When the lender receives the duly filled pledge bond, it becomes the exchange creditor of the person who paid it in their favor..
The holder of the certificate that offered the bond to the lender, must fulfill its payment commitment in the term indicated in the bond.
Failure to do so will result in a delinquent debtor. Therefore, the creditor may ask the warehouse to execute the merchandise added to the bond..
The financial documents (certificate of deposit and pledge bond), as shown in the following image, must contain the following:
- The allusion of being a pledge bond and certificate of deposit.
- The designation and authorized signature of the warehouse.
- The title number.
- The description of the goods or merchandise deposited.
- The date of issue of the title.
- The term indicated for the deposit.
- The mention that the deposit has been established with generic or individual designation of the respective effects or merchandise.
- The mention that the merchandise or goods that are part of the warehouse are or are not subject to the payment of duties.
- The place of the deposit.
- Fiscal or tax responsibilities, which should be the same for the relative pledge bond or bonds and for the certificate of deposit.
- Mention of fees or debits in favor of the store, or. the reference of no such debits.
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