mineral resources

Mr. Li is the owner of a manganese mine in Guizhou. He recently signed a large order and needs working capital to purchase equipment. He remembered that he had a mining right certificate in his hand, with an estimated value of at least 50 million. I went to the bank and asked, and the bank said that I could mortgage it, but I had to go through "mortgage registration" first. #p#Paging title#e#

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"Mortgage registration? How to do it? Who should I contact? How long will it take?" Mr. Li was confused. #p#Paging title#e#

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The supporting policies of the newly implemented Mineral Resources Law in July 2025 provide a complete answer. Lawyer Liu Jingzhu from Beijing Yingting Law Firm will explain in detail the entire process of mineral rights mortgage registration. #p#Paging title#e#

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#p#Paging title#e#Step 1: Confirm the mortgagor and mortgagee#p#Page title#e##p#Paging title#e#

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Mineral rights mortgage is a transaction between the "mining rights holder" and the "financial institution". The mining right holder is the enterprise or individual holding the mining right certificate or the exploration right certificate; the mortgagee is usually a bank or other creditor who is willing to accept the mineral right mortgage. #p#Paging title#e#

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It should be noted that the mining rights must be within the validity period, undisputed, and unsealed. If the mining rights certificate has been revoked or expired and has not been renewed, there is an ownership dispute over the mineral rights, the mineral rights have been sealed up by the court or restricted from transfer by administrative departments, or the proceeds from the transfer of mining rights have not been paid, etc., the mortgage registration is likely to be unable to be processed. #p#Paging title#e#

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#p#Paging title#e#Step 2: Sign the main creditor’s rights contract and mortgage contract#p#Page title#e##p#Paging title#e#

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This is the core part of the entire process. Before lending, the bank will require verification of the authenticity and value of the mineral rights, conduct due diligence on the mine, confirm that it has actual mining conditions, and negotiate and determine core terms such as mortgage amount, interest rate, and term. #p#Paging title#e#

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#p#Paging title#e#Step 3: Prepare application materials#p#Paging title#e##p#Paging title#e#

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According to the "Temporary Service Guidelines for Registration of Mining Rights Mortgage" issued by the Ministry of Natural Resources in July 2025, it is necessary to submit an application for registration of mining rights mortgage rights, a copy of the business license, a mining rights certificate, a principal creditor's rights contract, a mortgage contract and other materials. #p#Paging title#e#

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#p#Paging title#e#Step 4: Submit application to the registration authority#p#Page title#e##p#Paging title#e#

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Depending on the level of mineral rights, registration authorities vary. Strategic minerals such as oil, natural gas, radioactive minerals, and rare earths are handled by the Ministry of Natural Resources; general minerals such as coal, iron, gold, and copper are handled by provincial natural resources authorities. After July 2025, a national unified mining rights registration platform will be launched. #p#Paging title#e#

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#p#Paging title#e#Step 5: Wait for review and receive registration certificate#p#Page title#e##p#Paging title#e#

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Within 20 working days after acceptance, the registration authority will complete the review. If the conditions are met, the mortgage information will be recorded on the mining rights certificate and a "Mining Rights Mortgage Registration Certificate" will be issued. #p#Paging title#e#

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#p#Paging title#e#Lawyer Ying Ting reminds: Don’t step on these pitfalls#p#page title#e##p#Paging title#e#

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Lawyer Liu Jingzhu specially reminded: Misunderstanding 1, thinking that everything will be fine after mortgage registration. In fact, mortgage registration only confirms the publicity effect of mortgage rights; Misunderstanding 2, underestimating the complexity of mineral rights evaluation; Misunderstanding 3, ignoring other rights burdens on mineral rights. #p#Paging title#e#

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Beijing Yingtong Law Firm has extensive experience in the field of mineral rights mortgage loans and can provide mining companies with full-process legal services from material preparation to registration. #p#Paging title#e#

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(This article is for reference only. Please consult a professional lawyer for specific questions. This content does not constitute legal advice.) #p#Page Title#e#

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