艺术品“银行”在夹缝中起舞 法律空白身份尴尬
中华名人在线 2021-12-03 22:38:12 作者:zhhmrzx 来源:


楚和艺术品“银行”内,蒋斌认真鉴定客户送来的古代陶器。湖南日报记者 刘尚文摄 

  4月7日上午,耒阳的一个收藏爱好者,带着3枚1988年中国人民银行发行的1元纪念币,来到长沙大麓珍宝古玩城的楚和艺术品“银行”抵押贷款。经过鉴定评估及双方协商,最终贷款8000元,解决了资金燃眉之急。

  开展艺术品抵押贷款服务的艺术品“银行”,起源于欧美,近年来这股风潮进入中国。由于是新兴事物,我国的相关法律法规相对滞后,加上国内对艺术品的鉴定评估还不完善,目前的艺术品“银行”,可谓在夹缝中发展。

  艺术品“银行”登陆中国

  艺术品抵押贷款是借款人以拥有的艺术品为抵押物获得贷款,在国外早已不是什么新鲜事。美国银行业很早就开办了“艺术品质押融资”业务,一些客户对用艺术品获得贷款的需求十分强烈。发放贷款的对象除了画廊业主,还包括一些著名的收藏家。上世纪90年代的日本,艺术品抵押贷款是各大银行的大项目,在艺术市场疯狂时,艺术品抵押贷款能达到保单价值的50%。 

  近几年,艺术品“银行”风潮吹向亚洲,尤其是中国。亚洲第一家艺术品抵押贷款的非银行金融机构,于2007年在香港出现。这家集画廊和拍卖业务为一体的机构名为抱趣堂,是香港唯一拥有特区政府发牌经营的以艺术品作为抵押贷款业务的艺术品“银行”。 

  2010年,国内艺术品抵押贷款开始进入公众视野,深圳市同源南岭文化创意园有限公司以苏绣大师任慧闲的一批艺术珍品作为担保,成功获得建设银行深圳分行的3000万元贷款。这一以艺术品抵押作为银行贷款的融资模式,在全国属于首创。此后,民生银行、招商银行、农业银行等对艺术品抵押贷款业务也有所尝试,但规模都不大。2011年12月,中国收藏家俱乐部文化艺术品研究院与上海东方典当有限公司合作,采用“60%科学规范流程手册+20%仪器鉴定+20%专家经验”的流程进行艺术品质押融资试点。在湖南长沙,2006年诞生了第一家专营艺术品抵押贷款的店铺。 

  艺术品抵押贷款有需求

  2005年,在长沙清水塘古玩市场做古玩生意的常德人蒋斌,开始兼营艺术品抵押贷款业务。一年后,他更加深刻地认识到其中的潜力,便放弃古玩业务,开设了楚和艺术品“银行”,成为湖南首家专营艺术品抵押贷款的店铺。6年来,楚和艺术品“银行”业务逐渐壮大,目前每月的营业额约50万元。

  蒋斌告诉记者,楚和艺术品“银行”能生存发展,主要原因在于艺术品如果拍卖、交易,需要比较长的时间,而在他的艺术品“银行”,只要3分钟就可以把钱送到客户手中。不论古代的或现代的艺术品,不管是书画还是瓷器,只要有价值,都可以抵押贷款。“甚至高仿的艺术品和赝品,虽比原作有云泥之别,但多少有一定价值,也可以抵押贷款,只是额度小。” 

  目前,与蒋斌有业务关系的客户有30多个,其中6个打了资产包,即有多件艺术品一起在“楚和”抵押贷款。在已成交的业务中,单笔放贷额度最高达30多万元。“由于艺术品抵押贷款风险巨大,贷款利息是银行利率的4倍以上,尽管如此,还是有一定的市场需求。”蒋斌介绍,玉器和杂件,一般以评估价的50%放贷;字画、瓷器类,明清及以前的基本按评估价的40%放贷,清代至近现代为20%-30%。近现代艺术品的价格起伏大,故而放贷额度较低。

  法律空白 身份尴尬

  业内人士介绍,艺术品“银行”在国外有一整套健全的机制,但在国内还是新兴事物,我国现行法律法规中没有相关规定,可以说处于“合法和非法的中间地带”。

  对于艺术品“银行”的身份,蒋斌坦言“很尴尬”,政策和法律的滞后,是最现实的问题,因为没有法律约束,全靠行业自律,风险也随之而来。他先后到文化、工商、银监、民政等部门,希望能登记注册,但均未获批准。

  记者了解到,艺术品“银行”和典当行同样采取抵押贷款的形式开展业务,但由于艺术品的鉴定和评估有相当的技术性,典当行主要以房产、汽车业务为主,只有极少数兼营字画、瓷器等艺术品抵押业务。前几年,长沙还有一家典当行、一家银行和一家文化公司做过艺术品抵押贷款,亏本后,现已不涉足这一业务。 

  业内人士表示,艺术品抵押贷款中,鉴定评估是最难攻克的一关,但解决问题的核心并不在方法论上。很多人认为艺术品评估鉴定的难题在于没有权威专家,或者艺术品难有鉴定标准,事实并非如此。专家心里对真伪非常清楚,由于牵涉到利益问题,往往不愿意说实话。

On the morning of April 7, a collection lover of leiyang, with 3 1 yuan commemorative COINS issued by the people's bank of China in 1988, came to changsha to borrow money from the bank for the chu he artworks in the treasure antique city. After appraisal and assessment and negotiation between both parties, the final loan of 8,000 yuan, to solve the urgent need of funds.

The artwork "bank" that develops artwork mortgage loan service, originate in Europe and United States, this tide enters China in recent years. Because it is a new thing, China's relevant laws and regulations are relatively backward, coupled with the domestic art evaluation is not perfect, the current art "bank", it can be said that the development in the gap.

Art "bank" arrives in China

Artwork mortgage loan is borrower obtains loan with the artwork that owns as collateral, already is not new in abroad. Us Banks have long operated "art pledge financing", with some clients demanding loans from art. Loans were made not only to gallery owners but also to prominent collectors. In Japan in the 1990s, art mortgages were big business for big Banks, and at a time when the art market was in a frenzy, they could reach 50 per cent of the value of an insurance policy.  

In recent years, the art "banking" trend has spread to Asia, especially China. Asia's first non-bank financial institution to lend against art emerged in Hong Kong in 2007. The gallery and auction arm, called pontiac, is the only art 'bank' in Hong Kong licensed by the government to lend against art.  

In 2010, the domestic art mortgage began to enter the public eye, shenzhen tongtongnanling cultural and creative park co., LTD. With a batch of art treasures of suzhou embroidery master ren huixian as a guarantee, successfully obtained a loan of 30 million yuan from the shenzhen branch of China construction bank. This art collateral as a bank loan financing model, is the first in the country. Since then, China minsheng bank, China merchants bank, agricultural bank of China and others have also tried the art mortgage business, but the scale is not large. In December 2011, the Chinese collectors' club cultural art research institute cooperated with Shanghai Oriental pawn co., LTD., and carried out the art pledge financing pilot project by adopting the process of "60% scientific standard process manual + 20% instrument appraisal + 20% expert experience". In changsha, hunan province, the first shop specializing in art mortgage loans was born in 2006.  

There is demand for art mortgages

In 2005, jiang bin, a native of changde who was doing antique business at the qingshuitang antique market in changsha, started a mortgage business for artworks. A year later, more acutely aware of the potential, he abandoned the antique business and opened chu he art "bank", the first store in hunan to specialize in collateral loans for artworks. In the past six years, the business of chu he art "bank" has grown gradually, with a monthly turnover of about 500,000 yuan.

Jiang told reporters that chu he art "bank" can survive and develop, the main reason is that if the art auction, trading, it takes a long time, and in his art "bank", as long as 3 minutes to send money to customers. Ancient or modern works of art, whether paintings or calligraphy or porcelain, can be mortgaged as long as they have value. "Even high quality works of art and fakes, though different from the original ones, have a certain value and can be mortgaged, but only in a small amount."  

Mr. Jiang now has more than 30 clients with whom he has business relationships, and six of them have an asset portfolio, or multiple works of art together with mortgages on chu he. In the business that already clinched a deal, single loan quota reaches 300 thousand yuan most. "There is still some demand because art mortgages are so risky and the interest rate is more than four times the bank rate." Jiang bin introduced, jade and miscellaneous pieces, generally with evaluation of 50% of the loan; Calligraphy and painting, porcelain, Ming and qing dynasties and before the basic assessment of the 40% loan, qing dynasty to modern 20-30%. The price of modern and contemporary art fluctuates greatly, so the loan quota is low.

Legal limbo is embarrassing

The personage inside course of study introduces, artwork "bank" have a complete set of sound mechanism abroad, but still be emerging thing in domestic, our country does not have relevant provision in current law and regulation, can say to be in "legal and illegal intermediate zone".

For the identity of art "bank", jiang bin frankly "very embarrassed", policy and legal lag, is the most realistic problem, because there is no legal constraints, all rely on the industry self-discipline, the risk also follows. He has to culture, industry and commerce, banking supervision, civil affairs and other departments, hoping to register, but have not been approved.

The reporter understands, artwork "bank" and pawnshop take the form of pledge loan to carry out business likewise, but as a result of artwork appraisal and appraisal have quite technical, pawnshop basically give top place to with estate, car business, only a few hold concurrently business of artwork such as calligraphy and painting, porcelain pledge business. A few years ago, another pawn shop, a bank and a cultural company in changsha made loans against art, which they no longer do after losing money.  

Industry insiders say that appraisal is the most difficult part of the art mortgage, but the core of the problem is not methodology. Many people think that the problem with art appraisal is that there are no authoritative experts, or the art is difficult to have appraisal standards, which is not the case. Experts are very aware of the truth and are often reluctant to tell the truth because of the interest involved.
编辑 李顺萍