1. Applicable Codes: Property Law of the People’s Republic of china, GuangZhou Municipal Provisions on Urban Real Estate Registration, Guangdong Provincial Regulations on Urban Real Estate Ownership Registration, and Guangzhou Municipal Administrative Regulations on the Registration of Property Mortgages.
2. Applicability: Mortgagers who are property owners providing their properties as a security for their debts to their creditors without transferring their properties shall apply for the registration of their mortgages by producing their property ownership certificates. Major scenarios include:
(1) A property owner provides his property as a security for his debts or other obligations;
(2) A guarantor provides a guarantee for the debts of a property owner and the property owner uses his property as a security for his obligations to his guarantor;
(3) A property owner has failed to perform his tax obligations, and the tax authorities take his property as a security for the performance of his tax obligations.
3. Documents Required:
| No. | Name of Document | Name of Document | Number of Copies | Original or Photocopy | Conditions | Remarks |
| 1 | Application Letter | Guangzhou Municipal Application for Registration of Other Property Rights | 1 | Original | ||
| 2 | Approval of application for transfer (mortgage) of allocated land use rights, ground structures and annexes | 1 | Original | Applicable to mortgage of allocated land use rights, ground structures and annexes | ||
| 3 | ID Paper | Entity and Individual ID Paper | 1 | Photocopy | ||
| 4 | Property Ownership Certificate | Property Ownership Certificate and Property Co-ownership Certificate | 1 | Original | ||
| 5 | Main Creditor’s Rights Contract for Security Guarantee and Mortgage Contract | Primary Contract and Mortgage Contract | 1 | Original | ||
| 6 | Maxium-amount Mortgage Contract | 1 | Original | Applicable to mortgages with the maximum amount | ||
| 7 | Contract on Creditor’s Rights Occurring Continuously within a Certain Period | 1 | Original | Applicable to mortgages with the maximum amount | ||
| 8 | Property Value Appraisal Documents | Price Negotiation Agreement | Applicable to unappraised mortgages | |||
| 9 | Appraisal Report | 1 | Original | Applicable to appraised mortgages | ||
| 10 | Drawings | Property Survey Drawings | Applicants + 1 | Original | Applicable to property ownership certificates which have been issued according to owners’ self-statements | |
| 11 | Other Documents | Certificate showing that the creditor’s rights do not exceed the balance of the mortgage value | 1 | Original | Applicable to re-mortgage | |
| 12 | Certificate showing that the relevant authority and the finance department at the same level have approved the mortgage | 1 | Original | Applicable to registration of mortgages on allocated land use rights, ground structures and annexes | ||
| 13 | Certificate showing that the state-assets management agency or authorized investment institution has approved the mortgage | 1 | Original | Applicable to cases where the mortgager is a state-owned enterprise or public institution | ||
| 14 | Certificate showing the employees conference or the relevant authority has approved the mortgage | 1 | Original | Applicable to cases where the mortgager is a collectively owned enterprise | ||
| 15 | Resolution showing the shareholders’ conference or the board of directors has approved the mortgage | 1 | Original | Applicable to cases where the mortgager is a limited liability company or joint venture | ||
| 16 | Certificate showing all partners have approved the mortgage | 1 | Original | Applicable to cases where the mortgager is a partnership | ||
| 17 | Certificate showing the seller’s employer has approved the mortgage | 1 | Original | Applicable to reformed military properties | ||
| 18 | Certificate showing the co-owner has approved the mortgage | 1 | Original | Applicable to cases where the mortgaged property is co-owned | ||
| 19 | Land transfer fee appraisal reply | 1 | Original | Applicable to cases where the property has not completed its compensation formalities | ||
| 20 | Guarantee Contract | 1 | Original | Applicable to cases with counter-guarantees |
4. Handling Agency: Department of Mortgage Registration, Guangzhou Municipal Real Estate Transaction Registration Centre.
5. Date of Completion: Within five workdays of case acceptance at the counter and issuance of the Real Estate Transaction Registration Processing Confirmation.
6. Authority of Review & Approval: Level 2 Review & Approval
7. Handling Process: Case accepted (one workday) — documents received & distributed — first review (two workdays) — second review (one workday) — documents received & distributed — certificate prepared & verified certificate issued (one workday) — filing
8. Fees Payable:
| Fee | Amount | Fee Basis |
| Stamp Duty on Ownership Certificate | RMB 5 per copy | The rate shall be in accordance with the relevant provisions in documents issued by finance and tax authorities. |
| Housing Registration Fee | Residential: RMB 80 per case for entities; RMB 50 per case for individuals. Non-residential: RMB 550 per case (50% concession for “Affordable Housing”) RMB 10 for each additional certificate. | Suijia [2008] No. 174 Yuejia [2008] No. 169 Fagai Jiage [2008] No. 924 Yuejia [2002] No. 116 Suijia [2003] No. 104 Suijia Circular [2003] No. 387 |