28 Jul 2008

"General Clauses loans," the "retirement"

Popular controversial "loans General Clauses" may be abolished, the industry revealed that because the "loans General Clauses" for the promulgation and implementation began in 1996, most of the terms with commercial banks currently incompatible with the actual operation, Jian Guanceng may consider revocation "loans General Clauses. "

This reporter has learned that the bank's day-to-day business activities, the bank has basically not in accordance with the "loans General Clauses" in the implementation of the provisions.

If the credit in the real estate industry, "General Clauses loans" on the strict provisions of Article 71, the borrower one of the following circumstances, the lender some or all of its loans subject to interest the situation was especially serious, by the lender Stop paying the borrower has not yet use the loans and advance to recover some or all loans. Which included: not operating in accordance with the law for real estate loans of borrowers with operating real estate business; operating in accordance with the law for real estate borrowers, with loans for real estate speculation.

In practice the process of commercial banks to the real estate industry of credit has not strictly enforced in accordance with the above rules, in order to meet the mortgage loan business, win more share of mortgage loans, commercial bank loans to real estate developers have showed a rising tendency , Real estate developers will be whether the funds for real estate speculation is not concerned.

For instance, "General Clauses loans", loans were operating in foreign currency loans must hold a State Administration of Foreign Exchange issued by the "management of foreign exchange business licence", but the People's Bank has to operate RMB business and foreign currency business cards-one double, with the exception of Foreign exchange settlement and sales business other than the foreign currency business from People's Bank of China approval.

The development of a deep internal told reporters, "loans General Clauses" some of the provisions have not quite close to reality, the commercial banks operating environment, regulatory environment has been compared with 1996 with great changes in the actual operation of the banks already in the process Humane, will not be fully in accordance with the "General Clauses loans" to implement the provisions.

Minsheng Bank (14.90,0.17,1.15%) futures in preparation for a group of silver products on the internal cooperation that, "loans General Clauses" too restrictive, now on its own bank credit risk management capability has been greatly enhanced, in particular the completion of Listed after the reform, the banks control the risk of awareness and awareness of profit as strong.

In addition, "General Clauses loans" in the relevant provisions of more stringent restrictions, may also bound the development of the banking and financial innovation. Minsheng Bank above that, from the futures market, the bank's capital market restrictions will certainly be an offence to standards such as the pledge loans, financial management and use of financial futures trading category for non-integrated credit business have a great impact.

"We believe that the new regulations by the Futures Exchange, the market demand in this area and we hope that the old General Clauses pressing the relevant provisions can be amended as soon as possible, to meet the new opportunities of cooperation under the silver market development." The official said .

For "General Clauses loans" shall not be used for loans in the portfolio, futures and so on speculation the relevant provisions of business, the industry suggested that, instead of trying to control the uncontrollable capital flows, as appropriate choice of opening up, "change is blocked Shu ", but more conducive to the resolution of market risk. Can follow the example of U.S. loans to commercial banks issuing mortgage loans to make the bottom line requirements, such as the United States of "371 of the Code" in order to avoid the use of speculative lending, real estate loans provided the period of at least 60 months, in the specific proportion of loans There are clearly defined. So regulators for the commercial mortgage banking and capital flows without any restrictions, including access to the stock market.

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