Chapter I. General Provisions
The first loan in order to regulate behavior, and safeguarding the legitimate rights and interests of both loans and ensure the security of credit assets and improve the overall effectiveness of the use of loans to promote the sustainable socio-economic development, according to "People's Republic of China People's Bank of China Law," "The People's Republic of China business Banking Act "and other relevant legal provisions, the enactment of this General Clauses.
Article 2 of the General Clauses alleged loans, means in the Chinese territory in accordance with the law setting up the business loan business-funded financial institutions.
The General Clauses alleged borrower, means the operating loans from the Chinese-funded financial institutions to obtain loans of legal persons, other economic organizations and individual industrial and commercial households and individuals.
The General Clauses in the alleged loan means the lender to the borrower and the interest rate and duration of the agreement for debt-servicing money.
The General Clauses currency loans in RMB and foreign currencies, including.
The third loan of the distribution and use should be consistent with national laws, administrative regulations, and administrative regulations issued by the People's Bank of China, should observe the efficiency, security and mobility of principle.
Article 4 of the borrower and the lender's lending activities should be followed equality, voluntary, fair and honest credit principle.
Article 5 of the lender for loans, should follow fair competition, and close collaboration with the principles and shall not engage in unfair competition.
Article 6 of People's Bank of China and its branches is to implement "General Clauses loans," the regulatory authorities.
Chapter II types of loans
Article 7 of self-loans, entrusted loans and specific loan:
Self-loans, means the loans were legitimate ways to raise funds independently of the loans, their risk by the lender commitment by the lender to recover the principal and interest.
Commissioned by the loans, means by government departments, enterprises and individual clients, such as financing, loans from (or trustee) in accordance with the established client loans, use, the amount of the period, interest rates, and so took the payment, and to assist in monitoring the use of To recover the loans. Loans (the trustees) only charges, loans do not bear the risk.
Specific loans, means approval of the State Council and the possible loan losses to take remedial measures instructed state-owned commercial banks issuing loans.
Article 8 of short-term loans, medium-term loans and long-term loans:
Short-term loans, means the loan within the period of one year (including one year) loans.
Medium-term loans, means the loan period in more than one year (excluding 1) 5 years (including five years) loan.
Long-term loans, means the loan period of five years (excluding five years) over the loan.
Article 9 of credit loans, secured loans and bills discounted:
Credit, refers to the credibility of the borrower's loan.
Secured loans, means a guarantee for loans, mortgages, pledge loans.
Guaranteed loans, means by "the People's Republic of security" under way to ensure that a third person committed the borrower repayment of loans, guaranteed by general agreement bear the responsibility jointly and severally liable, or release, on the loans.
Mortgage loans, means by "the People's Republic of the security law" approach to the provisions of the mortgage borrower or a third person's property as collateral for issuing loans.
Pledge loans, means by "the People's Republic of the security law" provisions of the pledge approach to the borrower or a third person as the personal property or rights of payment of the loan.
Factoring means the lender to the borrower to purchase outstanding commercial paper of the way the loan.
In addition to Article 10 commissioned loan, the lender of loans, the borrower should provide security. People should be the guarantor of the loan repayment ability, collateral, the quality of ownership and value of collateral and the realization of the right, the right of the feasibility of a rigorous review.
The loan review, assess and confirm the borrower credit good, it can repay the loan, they can not provide security.
Chapter III loan period and interest rates
Article 11 of loan period:
Loan deadline under the borrower's production cycle, and the ability to repay the loan by borrowing money supply capacity after the two sides to discuss identified and contained in the loan contract.
The longest period of self-loans generally should not exceed 10, more than 10 should be reported to the People's Bank of the record.
Factoring in the discount period should not be longer than six months, the discount period from the date of discount notes due date.
Article 12 of loans extended:
Arranging the loans can not return, the borrower should be in before the maturity of the loan to the lender for loans extended. Whether the loans were extended by the decision. For guaranteed loans, mortgage, pledge loans extended, it should be by the sponsor, mortgage people, quality people that produce a written agreement. Have been agreed, in accordance with the agreement implementation.
Total short-term loans extended period shall not exceed the original loan period; medium-term loan extension for a total period of not more than half of the original loan; cumulative long-term loans extended period not exceeding three years. States except as otherwise provided. Borrowers did not apply for renewal or extension of the application was not approved, the loan from the day following the date of maturity, overdue loans into account.
Article 13 of determining lending rates:
Borrowers should be in accordance with the provisions of the People's Bank of China on the floor lending rate, set each loan interest rates and loan contracts contained in the.
Article 14 of the loan interest to:
Lenders and borrowers should be on loan contracts and interest-bearing provisions of the People's Bank of China Regular admission or delivery of interest.
The loan period extended with the original deadline to reach a new level of interest rates period, extended from the date of loan interest by the new deadline for resumption of the interest rate level.
In accordance with the regulations of overdue loans at Faxi.
Article 15 of the discount interest loans:
According to national policies, in order to promote some industries and regional economic development, the relevant departments can subsidize interest rates on loans.
The relevant departments of discount loans, the contractor should be independent review of the banks, and in accordance with relevant provisions of the General Clauses strict management.
Article 16 cease loans, cut interest rates, income and interest-free ease:
In addition to the State Council decided, and no unit or individual the right decision to cease, cut interest rates, income and interest-free ease. Borrowers should be based on the State Council decided, in accordance with specific responsibility for the competence of cease, cut interest rates, income and interest-free ease.
Chapter IV of the borrower
Article 17 of the borrower should be the industrial and commercial administrative organs (or authorities) approved the registration rate (thing) corporate sector and other economic organizations and individual industrial and commercial households, or with the People's Republic of China nationality of the full civil capacity of natural persons.
Borrowers apply for loans, should have the products have a market, production and operation cost-effective, not misappropriated credit funds and abide by the basic conditions, such as credit, and should meet the following requirements:
1, arranging debt-servicing capacity, to meet the original loan interest and maturity loans liquidated without the settlement, has already done a person's approval of the loan repayment plan.
Second, in addition to natural and industrial and commercial sector does not need the approval of the cause of registration of legal persons, should be the business sector for the annual inspection procedures.
Third, the basic account has been opened or general deposit accounts.
4, with the exception of the State Council regulations, limited liability companies and foreign equity interest of the Company accumulated amount of investment exceeds its total net assets of 50%.
5, the borrower's assets and liabilities of the borrower's request.
6, for the medium-term and long-term loans, new projects and corporate rights and interests of owners required a total investment of no less than the proportion of investment projects under the country's capital ratio.
Article 18 of the borrower's rights:
First, to be independent by banks or other institutions managing the bank loan application and, if the conditions to obtain loans;
Second, the contractual right to extract and use of all loans;
Third, the right to refuse to loan contracts outside the conditions attached;
Fourth, people have the right to loans and the People's Bank of China reflects the higher level of reporting of the situation;
5, with the consent of the lender agreement, the right to transfer debt to a third person.
Article 19 of the borrower's obligations:
First, the lender should truthfully provide the information requested (the law can not be provided unless), should be truthful to the lender to provide all accounts, deposit accounts and the balance of loans, loans with the investigation, review and inspection;
Second, people should accept their use of credit loans and funds related to production and management, financial monitoring activities;
Third, it should be by borrowing the contract for the use of loans;
Fourth, the loan contract should be agreed by the timely settlement of loan principal and interest;
5, all or part of the debt will be transferred to a third person, should get the consent of the lender;
6, the lender claims endanger the security situation, should promptly notify the lender, and to take protective measures.
Article 20 of the borrower's limit:
First, a lender may not be in the same area of two or more branch offices to obtain loans at the same level.
Second, the loans were not allowed to provide false or hiding important facts and the balance sheet, income statement, and so on.
Third, the loan shall not be used in equity investment, the country except as otherwise provided.
4, shall not be used in the loan portfolio, futures and so on speculation business.
5, with the exception of the real estate business in accordance with the law made eligible borrowers, the loans may not be used by operators of real estate business; operating in accordance with the law for real estate borrowers, loans may not be used in real estate speculation.
6, may not be able to obtain loans for illegal lending income.
7, are not allowed to violate the state's foreign exchange management of the use of foreign currency loans.
8, may not take a loan fraud fraud.
Chapter 5 lender
Article 21 The loans must be approved by the People's Bank of China business loan business, holders of People's Bank of China issued the "legal permits financial institutions" or "financial institutions operating permit", and the Administration for Industry and Commerce approved the registration.
Article 22 of the rights of loans:
According to loan conditions and procedures for independent review of loans and loan decisions, in addition to the specific loan approved by the State Council, the right to reject any units and individuals forced their loans or provide guarantees.
First, require the borrower and the borrower to provide the relevant information;
Second, under the conditions of borrowers, loan-to-decision and not loans, loan amount, duration and interest rates;
Third, understanding of the borrower's production and business activities and financial activities;
4, depending on the contract from the borrower account designated to loan principal and interest;
5, the borrower fails to fulfil their obligations under the loan contract, the lender under the contractual right to request the early return of loans or stop paying the borrower has not yet use the loan;
6, the loan will be subject to or have suffered loss, they can based on the contract, to take loans from the loss of the measures.
Article 23 of the loan obligations:
First, the operation should be announced by the types of loans, duration and interest rates, borrowers and to provide advice.
Second, it should be open to review loans and the issuance of credit as the terms of lending.
Third, borrowers should consider the borrower's loan application and loan-to-answer time and not loans. Response time of short-term loans shall not exceed one month, medium-and long-term loans shall not exceed six months time to reply; countries except as otherwise provided.
Fourth, it should be on the borrower's debt, finance, production and operation of secrecy, but except for the law.
Article 24 of the restrictions on loans:
First, the release of loans to strictly implement the "PRC Law on Commercial Banks" Article 39 on the management of assets and liabilities of the relevant provisions of Article 40 on the relations are not allowed to distribute credit, to the relations between the people of the conditions may not be secured loans Better than other borrowers similar conditions of the loan.
Second, the borrower one of the following circumstances, shall not grant loans:
(A) does not have the General Clauses in Article 17 of Chapter IV of the eligibility requirements and conditions;
(B) production, operation or investment in the country expressly prohibited products, projects;
(C) in violation of national foreign exchange regulations;
(D) construction projects according to state regulations should be reported to relevant departments approved the document without approval;
(5) production and operation of investment projects or the lack of environmental protection department of the license;
(6) in the implementation of contracting, leasing, joint venture, the merger (merger), cooperation and separation, paid property rights transfer, joint-stock system, such as changes in the course of the original loans outstanding debt, the implementation of the original loan debt or provide guarantees;
(7) other serious illegal acts.
Third, the People's Bank of China without approval may not be the natural currency of foreign currency loans.
Fourth, self-specific loans and loan Except for the People's Bank of provisions of interest, not to collect any other fees; entrusted loans, Except provisions of the People's Bank of admission fees, not to collect any other fees.
5, may not advance funds to clients, the state except as otherwise provided.
6, and strictly control credit, actively promoting secured loans.
The first loan in order to regulate behavior, and safeguarding the legitimate rights and interests of both loans and ensure the security of credit assets and improve the overall effectiveness of the use of loans to promote the sustainable socio-economic development, according to "People's Republic of China People's Bank of China Law," "The People's Republic of China business Banking Act "and other relevant legal provisions, the enactment of this General Clauses.
Article 2 of the General Clauses alleged loans, means in the Chinese territory in accordance with the law setting up the business loan business-funded financial institutions.
The General Clauses alleged borrower, means the operating loans from the Chinese-funded financial institutions to obtain loans of legal persons, other economic organizations and individual industrial and commercial households and individuals.
The General Clauses in the alleged loan means the lender to the borrower and the interest rate and duration of the agreement for debt-servicing money.
The General Clauses currency loans in RMB and foreign currencies, including.
The third loan of the distribution and use should be consistent with national laws, administrative regulations, and administrative regulations issued by the People's Bank of China, should observe the efficiency, security and mobility of principle.
Article 4 of the borrower and the lender's lending activities should be followed equality, voluntary, fair and honest credit principle.
Article 5 of the lender for loans, should follow fair competition, and close collaboration with the principles and shall not engage in unfair competition.
Article 6 of People's Bank of China and its branches is to implement "General Clauses loans," the regulatory authorities.
Chapter II types of loans
Article 7 of self-loans, entrusted loans and specific loan:
Self-loans, means the loans were legitimate ways to raise funds independently of the loans, their risk by the lender commitment by the lender to recover the principal and interest.
Commissioned by the loans, means by government departments, enterprises and individual clients, such as financing, loans from (or trustee) in accordance with the established client loans, use, the amount of the period, interest rates, and so took the payment, and to assist in monitoring the use of To recover the loans. Loans (the trustees) only charges, loans do not bear the risk.
Specific loans, means approval of the State Council and the possible loan losses to take remedial measures instructed state-owned commercial banks issuing loans.
Article 8 of short-term loans, medium-term loans and long-term loans:
Short-term loans, means the loan within the period of one year (including one year) loans.
Medium-term loans, means the loan period in more than one year (excluding 1) 5 years (including five years) loan.
Long-term loans, means the loan period of five years (excluding five years) over the loan.
Article 9 of credit loans, secured loans and bills discounted:
Credit, refers to the credibility of the borrower's loan.
Secured loans, means a guarantee for loans, mortgages, pledge loans.
Guaranteed loans, means by "the People's Republic of security" under way to ensure that a third person committed the borrower repayment of loans, guaranteed by general agreement bear the responsibility jointly and severally liable, or release, on the loans.
Mortgage loans, means by "the People's Republic of the security law" approach to the provisions of the mortgage borrower or a third person's property as collateral for issuing loans.
Pledge loans, means by "the People's Republic of the security law" provisions of the pledge approach to the borrower or a third person as the personal property or rights of payment of the loan.
Factoring means the lender to the borrower to purchase outstanding commercial paper of the way the loan.
In addition to Article 10 commissioned loan, the lender of loans, the borrower should provide security. People should be the guarantor of the loan repayment ability, collateral, the quality of ownership and value of collateral and the realization of the right, the right of the feasibility of a rigorous review.
The loan review, assess and confirm the borrower credit good, it can repay the loan, they can not provide security.
Chapter III loan period and interest rates
Article 11 of loan period:
Loan deadline under the borrower's production cycle, and the ability to repay the loan by borrowing money supply capacity after the two sides to discuss identified and contained in the loan contract.
The longest period of self-loans generally should not exceed 10, more than 10 should be reported to the People's Bank of the record.
Factoring in the discount period should not be longer than six months, the discount period from the date of discount notes due date.
Article 12 of loans extended:
Arranging the loans can not return, the borrower should be in before the maturity of the loan to the lender for loans extended. Whether the loans were extended by the decision. For guaranteed loans, mortgage, pledge loans extended, it should be by the sponsor, mortgage people, quality people that produce a written agreement. Have been agreed, in accordance with the agreement implementation.
Total short-term loans extended period shall not exceed the original loan period; medium-term loan extension for a total period of not more than half of the original loan; cumulative long-term loans extended period not exceeding three years. States except as otherwise provided. Borrowers did not apply for renewal or extension of the application was not approved, the loan from the day following the date of maturity, overdue loans into account.
Article 13 of determining lending rates:
Borrowers should be in accordance with the provisions of the People's Bank of China on the floor lending rate, set each loan interest rates and loan contracts contained in the.
Article 14 of the loan interest to:
Lenders and borrowers should be on loan contracts and interest-bearing provisions of the People's Bank of China Regular admission or delivery of interest.
The loan period extended with the original deadline to reach a new level of interest rates period, extended from the date of loan interest by the new deadline for resumption of the interest rate level.
In accordance with the regulations of overdue loans at Faxi.
Article 15 of the discount interest loans:
According to national policies, in order to promote some industries and regional economic development, the relevant departments can subsidize interest rates on loans.
The relevant departments of discount loans, the contractor should be independent review of the banks, and in accordance with relevant provisions of the General Clauses strict management.
Article 16 cease loans, cut interest rates, income and interest-free ease:
In addition to the State Council decided, and no unit or individual the right decision to cease, cut interest rates, income and interest-free ease. Borrowers should be based on the State Council decided, in accordance with specific responsibility for the competence of cease, cut interest rates, income and interest-free ease.
Chapter IV of the borrower
Article 17 of the borrower should be the industrial and commercial administrative organs (or authorities) approved the registration rate (thing) corporate sector and other economic organizations and individual industrial and commercial households, or with the People's Republic of China nationality of the full civil capacity of natural persons.
Borrowers apply for loans, should have the products have a market, production and operation cost-effective, not misappropriated credit funds and abide by the basic conditions, such as credit, and should meet the following requirements:
1, arranging debt-servicing capacity, to meet the original loan interest and maturity loans liquidated without the settlement, has already done a person's approval of the loan repayment plan.
Second, in addition to natural and industrial and commercial sector does not need the approval of the cause of registration of legal persons, should be the business sector for the annual inspection procedures.
Third, the basic account has been opened or general deposit accounts.
4, with the exception of the State Council regulations, limited liability companies and foreign equity interest of the Company accumulated amount of investment exceeds its total net assets of 50%.
5, the borrower's assets and liabilities of the borrower's request.
6, for the medium-term and long-term loans, new projects and corporate rights and interests of owners required a total investment of no less than the proportion of investment projects under the country's capital ratio.
Article 18 of the borrower's rights:
First, to be independent by banks or other institutions managing the bank loan application and, if the conditions to obtain loans;
Second, the contractual right to extract and use of all loans;
Third, the right to refuse to loan contracts outside the conditions attached;
Fourth, people have the right to loans and the People's Bank of China reflects the higher level of reporting of the situation;
5, with the consent of the lender agreement, the right to transfer debt to a third person.
Article 19 of the borrower's obligations:
First, the lender should truthfully provide the information requested (the law can not be provided unless), should be truthful to the lender to provide all accounts, deposit accounts and the balance of loans, loans with the investigation, review and inspection;
Second, people should accept their use of credit loans and funds related to production and management, financial monitoring activities;
Third, it should be by borrowing the contract for the use of loans;
Fourth, the loan contract should be agreed by the timely settlement of loan principal and interest;
5, all or part of the debt will be transferred to a third person, should get the consent of the lender;
6, the lender claims endanger the security situation, should promptly notify the lender, and to take protective measures.
Article 20 of the borrower's limit:
First, a lender may not be in the same area of two or more branch offices to obtain loans at the same level.
Second, the loans were not allowed to provide false or hiding important facts and the balance sheet, income statement, and so on.
Third, the loan shall not be used in equity investment, the country except as otherwise provided.
4, shall not be used in the loan portfolio, futures and so on speculation business.
5, with the exception of the real estate business in accordance with the law made eligible borrowers, the loans may not be used by operators of real estate business; operating in accordance with the law for real estate borrowers, loans may not be used in real estate speculation.
6, may not be able to obtain loans for illegal lending income.
7, are not allowed to violate the state's foreign exchange management of the use of foreign currency loans.
8, may not take a loan fraud fraud.
Chapter 5 lender
Article 21 The loans must be approved by the People's Bank of China business loan business, holders of People's Bank of China issued the "legal permits financial institutions" or "financial institutions operating permit", and the Administration for Industry and Commerce approved the registration.
Article 22 of the rights of loans:
According to loan conditions and procedures for independent review of loans and loan decisions, in addition to the specific loan approved by the State Council, the right to reject any units and individuals forced their loans or provide guarantees.
First, require the borrower and the borrower to provide the relevant information;
Second, under the conditions of borrowers, loan-to-decision and not loans, loan amount, duration and interest rates;
Third, understanding of the borrower's production and business activities and financial activities;
4, depending on the contract from the borrower account designated to loan principal and interest;
5, the borrower fails to fulfil their obligations under the loan contract, the lender under the contractual right to request the early return of loans or stop paying the borrower has not yet use the loan;
6, the loan will be subject to or have suffered loss, they can based on the contract, to take loans from the loss of the measures.
Article 23 of the loan obligations:
First, the operation should be announced by the types of loans, duration and interest rates, borrowers and to provide advice.
Second, it should be open to review loans and the issuance of credit as the terms of lending.
Third, borrowers should consider the borrower's loan application and loan-to-answer time and not loans. Response time of short-term loans shall not exceed one month, medium-and long-term loans shall not exceed six months time to reply; countries except as otherwise provided.
Fourth, it should be on the borrower's debt, finance, production and operation of secrecy, but except for the law.
Article 24 of the restrictions on loans:
First, the release of loans to strictly implement the "PRC Law on Commercial Banks" Article 39 on the management of assets and liabilities of the relevant provisions of Article 40 on the relations are not allowed to distribute credit, to the relations between the people of the conditions may not be secured loans Better than other borrowers similar conditions of the loan.
Second, the borrower one of the following circumstances, shall not grant loans:
(A) does not have the General Clauses in Article 17 of Chapter IV of the eligibility requirements and conditions;
(B) production, operation or investment in the country expressly prohibited products, projects;
(C) in violation of national foreign exchange regulations;
(D) construction projects according to state regulations should be reported to relevant departments approved the document without approval;
(5) production and operation of investment projects or the lack of environmental protection department of the license;
(6) in the implementation of contracting, leasing, joint venture, the merger (merger), cooperation and separation, paid property rights transfer, joint-stock system, such as changes in the course of the original loans outstanding debt, the implementation of the original loan debt or provide guarantees;
(7) other serious illegal acts.
Third, the People's Bank of China without approval may not be the natural currency of foreign currency loans.
Fourth, self-specific loans and loan Except for the People's Bank of provisions of interest, not to collect any other fees; entrusted loans, Except provisions of the People's Bank of admission fees, not to collect any other fees.
5, may not advance funds to clients, the state except as otherwise provided.
6, and strictly control credit, actively promoting secured loans.
No comments:
Post a Comment