Chapter VI loan program
Article 25 loan applications:
Borrowers need loans, it should be organised to banks or other institutions managing the bank applications.
Borrowers should be filled out, including the amount of borrowing, the borrower uses, the repayment of outstanding ability and means, such as the main content of "borrowing applications" and provide the following information:
First, the borrower and the guarantor of basic conditions;
Second, the financial departments or accounting (audit) firms on the approval of the annual financial report, and for a borrower before the financial report;
Third, the original use of unreasonable loans to rectify the situation;
4, collateral, the quality of the list and agreed to dispose of collateral, the pledge proved to be the guarantor and agreed to ensure that the relevant documents;
5, project proposals and feasibility report;
6, the lender that the need to provide other relevant information.
Article 26 of the borrower's credit rating assessment:
Should be based on the borrower's leader in quality, economic strength, capital structure, performance, operational efficiency and development prospects and other factors, assessing the borrower's credit rating. Rating by the independent lender, internal control, may also be entitled to approval of the assessment agencies.
Article 27 of loan investigation:
Loan borrowers who accepted an application, should be on the borrower's credit rating and the legitimacy of borrowing, safety, profitability, and other cases to investigate and verify collateral, the quality of, the guarantor, the risk of loans.
Article 28 of loan approval:
Borrowers should be established Shendai separation, classification of loan approval management system. Review of staff should be provided to the investigating officer to verify the information, assessment, re-testing of credit risks, views, in accordance with the regulations authority approval.
Article 29 signed loan contracts:
It should be all loans from lenders and borrowers signed loan contracts. Loan contract should be agreed by the borrower type, the borrower uses the amount, interest rates, borrowing period, repayment, by, the loan-to-the two sides of the rights, duties, responsibilities and breach of contract the two sides agreed on the need of other matters.
Guaranteed loans and loan guarantees should be signed guaranteed contracts, or the guarantor of the loan contract and set out on the consensus of the loans were guaranteed provisions, and with corporate sponsors of the official seals, and the guarantor of the legal representative or its authorized agents to sign name. Mortgage, pledge mortgage loans should be from people, quality people who signed mortgages with loan contracts, pledge contract, the need for registration, in accordance with the law should be registered.
Article 30 loans for:
Loan borrowers were in accordance with the terms of the contract arranging loans. Loans were not paid the contractual arranging the loans, the default should be paid. The borrower is not in accordance with the contract, and should be the default payment.
Article 31 after the credit check:
After issuing loans, loans to borrowers who should be the implementation of loan contracts and the borrower's business to track and inspect.
Article 32 of the return of loans:
Borrowers should be in accordance with the provisions of loan contracts on time and in full return of principal and interest loans.
Loans in the short-term loans due one week before the long-term loans due one month before, it should be sent to the borrower debt-servicing notice, the borrower should be timely preparation of funds, debt service on time.
The loans were overdue loans to the timely collection notice issued, overdue loans to the collection of principal and interest.
Loans by borrowers who are unable to return the contract period of the loan, it should be in accordance with the regulations and impunity interest not to return or can not implement the debt-servicing issues, it should be urged to return or prosecute in accordance with the law.
The early return of loans, and loans should be in consultation.
Chapter VII of supervision of non-performing loans
Article 33 of the lender should establish and improve loan quality control system, the non-performing loan classification, registration, examination and collection.
Article 34 refers to the amounts of bad loans, loans, sluggish loans, overdue loans.
The amounts of loans, according to the Ministry of Finance means the relevant provisions of the loans classified as non-performing loans.
Doubtful loans, means according to the Ministry of Finance, late (including the extension after the expiration) has not yet exceeded the stipulated period over the return of the loans, or not yet overdue or late dissatisfied with the provisions of life but production has been terminated, the project has been to stop the construction loan (Excluding the amounts of loans).
Overdue loans, means the loan contract agreement expires (including the extension after the expiration) did not return the loans (excluding loans and bad debts sluggish loan).
Article 35 of the registration of non-performing loans:
Non-performing loans from the accounting, credit data provided by the auditing departments responsible for vetting and provides access finds that the lender should be reported quarterly non-performing loans table. At the higher level in line at the same time, should be reported to the local People's Bank of China branches.
Article 36 of the evaluation of non-performing loans:
The non-performing loans loans loans, sluggish loans, overdue loans shall not exceed the proportion of the People's Bank of provisions. Borrowers should be issued to respective branches and loan appraisal bad debts, doubtful loans and overdue loans of the indicators.
Article 37 of the collection of non-performing loans and bad debts written off loans:
Credit department is responsible for the collection of non-performing loans, the audit department is responsible for the inspection of the collection. Lender shall, in accordance with relevant regulations of the state from the reserve non-performing loans and bad debts written off in accordance with the conditions and procedures for loan write-off bad debts.
Without the approval of the State Council, the lender may not be exempt loans. In addition to approval by the State Council, no unit or individual is allowed to compel the lender exempt loans.
Chapter VIII of loan management accountability
Article 38 loan administration implemented presidents (managers, directors, the same below) is responsible for the system.
Loan classification practice management, the governor should be empowered at all levels within the framework of the loans issued and the resumption of full responsibility. President or vice president could authorize the loan administration department is responsible for approving loans, or loans, vice president of the management department is responsible for the president who should be responsible.
Article 39 of the lender institutions at all levels should establish a president or vice-presidents (managers, directors, the same below) and the responsible officials of relevant departments to participate in the loan review committee (Group), responsible for loan review.
Article 40 of the establishment of Shendai separation system:
Lending Survey assessment of loan officers responsible for investigation and assessment, survey errors and commitment to inaccurate assessment of the responsibility of loan officers responsible for the review of the review of loan risks, assume responsibility for mistakes in the review; loans for loan officers responsible for the inspection and clearance to take inspection failures, the Qing Or ineffective responsibility.
Article 41 approved the establishment of loan classification system:
Borrowers should be based on business size, risk management and loan branches at all levels in determining the approval authority, authority over approving the loan should be reported to higher-level approval. Branches at all levels should be based on type of loan, the borrower's credit rating and collateral, the quality of, such as guarantor of a loan for each degree of risk.
Article 42 established a sound credit and job responsibility:
Loan administration departments at all levels should manage the loans every step of the implementation of management responsibilities to departments and positions, individuals, strict credit at all levels of staff duties.
Article 43 loans to large borrowers who Mill Xindai Yuan set up the system.
Article 44 of separation established audit system:
Loans transferred out of the original managers in the workplace, should be in their office during and within the competence of the risk of loans granted by the audit.
Chapter IX loan debt and liquidity management of protection
Article 45 of the borrowers are not allowed to violate the law, through mergers, bankruptcy or joint-stock reform, and other ways to evade bank debt, misappropriation of credit funds; shall not, by contracting, leasing, and other ways to evade the loans outstanding loans and credit supervision of the principal and interest obligations.
Article 46 lenders the right to participate in a merger, bankruptcy or in the course of the shareholding system, such as the borrower's debt restructuring, the borrower should be required to implement the loan servicing matters.
Article 47 lenders should be required to implement contracting, leasing business of the borrower, in contracting, leasing contracts clearly the implementation of the original loan debt repayment responsibilities.
Article 48 of the lender to implementing the shareholding system reform of the borrower, should be required to re-signed loan contracts, clearly the original loan debt settlement responsibility.
On the implementation of the shareholding system reform of the borrower, it should be clear of their outstanding loans from the debt of the company after all the commitment to the implementation of the shareholding system reform of the borrower, should be required to transform the shares after the company occupied by the borrower's capital or assets ratio Commitment to the original borrower's loan debt.
Article 49 of the lenders after the formation of a new joint venture of corporate borrowers, should be occupied by the request based on the assets or capital in proportion to the loan debt into the new corporate entities.
Article 50 of the lender to the merger (merger) of the borrower, should be required in the merger (merger) before the liquidation of the debt or provide loan guarantees.
The borrower does not discharge the debt loans or provide guarantees, the lenders should be required to consolidation (mergers) or the combined enterprise newly established corporate borrowers returned to the original loan obligations and re-signed with the contract or agreement.
Article 51 of the lenders and foreign joint-venture (cooperation) of the borrower, should be required to continue to assume its joint venture (cooperation) of the loan before the return of responsibilities and requirements of its priority will be the return of the proceeds of loans. Borrowers have been used as a mortgage loan, pledge of property and foreign joint-venture (cooperation) when the consent must be sought loans.
Article 52 of the separation of the lender borrowers, should be required before their separation in the liquidation of the debt or provide loan guarantees.
The borrower does not discharge the debt loans or provide guarantees, the lenders should be required after the separation of the various enterprises, in accordance with the separation of the share capital or assets, or the proportion of the agreement, the borrower owed on the original loan commitment liquidity responsibility. The establishment of subsidiaries of the borrower, should be required by its subsidiaries from the ratio of capital or assets to repay the parent company and assume the corresponding loan debt.
53 of the loans were paid on the transfer of property rights or for the dissolution of the borrower, should be required to transfer their property rights or loans must be implemented before the dissolution of the liquidation of the debt.
Article 54 of the lender shall, in accordance with relevant laws to participate in the estate of the borrower finds that the disposal of the debt with creditors, the bankruptcy of borrowers has set property mortgage, pledge or other loans secured creditors, lenders have priority for repayment of the law; No claims of property loans secured by due process and the ratio of debt service.
Chapter 10 special provisions for loan management
Article 55 established by Bank loan system:
The borrower should be provided with the People's Bank of China to open basic accounts of loans by Bank loans to establish relations.
The separation of corporate borrowers, the shareholding system reform and building of major projects involving the use of credit funds and the safety of major economic activities, should be consulted prior to the views of host. A borrower can only have a loan organised trip, sponsored trip should be as basic account changes and changes.
Will not host package funds, but should be in accordance with the regulations systematically borrowers to offer loans for the borrowers to provide the necessary information consultation, agents and other financial services.
Loan Bank system and by the approach for implementation by the People's Bank of China provided otherwise.
Article 56 of syndicated loans are loans should establish a lead line and signed syndicated loan agreement, the loan clearly the rights and obligations, common assessment loans. Lead to an agreement should be determined by the ratio of supervision and loan repayment. Management of syndicated loans provided separately by the People's Bank of China.
Article 57 of a particular loan management:
State-owned commercial banks should be paid by the State Council regulations and management of specific loans.
Specific management measures in accordance with the loan.
Article 58 non-bank financial institutions lending the type of object, scope, the People's Bank of China should be provided.
Article 59 of remote loan lender, or accept remote deposits should be reported to the local People's Bank of China branch record.
Article 60 of credit funds shall not be used for financial expenditure.
61 administrative departments at all levels and enterprises, supply and marketing cooperatives and other cooperative economic organizations, rural cooperative foundations and other foundations, such as deposits and loans may not be operating financial business. Between enterprises are not allowed to violate state regulations for loans or loan financing business in disguise.
Chapter 11 penalties
Breach of Article 62 of loan management of assets and liabilities of the relevant provisions of the loans, should be in accordance with the "People's Republic of China Commercial Bank Law" Article 75, by the People's Bank of China ordered corrective action and impose fines, if there is any illegal income confiscated, And should be in accordance with article 76 of the direct responsibility of the competent personnel and others directly responsible for punishment.
Article 63 provides loans to the breach of relations between the people of credit loans or loan guarantees of the conditions better than other borrowers similar loan conditions, it should be in accordance with the "People's Republic of China Commercial Bank Law" Article 74 punishment, and should be made in accordance with 76 pairs of the people directly responsible for punishment.
Article 64 of the lender's staff ordered the units or individuals of their loans or provide guarantees had not been rejected, it should be in accordance with the "People's Republic of China Commercial Bank Law" Article 85 will be given disciplinary sanctions, should bear the damage caused by the corresponding Liability.
Article 65 of the loan officers responsible for violations of the relevant provisions of the General Clauses, should be given disciplinary sanctions and fines; serious or repeated violations, it should be transferred out of the workplace, abolish the qualification; causing serious economic losses or other economic crimes constitute the , In accordance with the relevant provisions of the law should be held criminally responsible.
Article 66 loans were one of the following circumstances, ordered by the People's Bank of China correction; overdue correction of the People's Bank of China could be sentenced to five thousand dollars more than 10,000 yuan fine the following:
1, operated by the loan were not disclosed the type, duration and interest rates;
Second, did not disclose loans and the issuance of loans to review the content;
Third, did not reply within the prescribed period of the borrower's loan applications.
Article 67 loans were one of the following circumstances, ordered by the People's Bank of China correction; if there is any, the confiscation of illegal income in addition to 1 times the illegal income of more than three times the fine, no illegal income, and sentenced to more than 50,000 yuan Following a fine of 300,000 yuan; constitute a crime, shall be held criminally accountable:
First, the lender violation of the regulations Daidian commissioned loan funds;
Second, the People's Bank of China without the approval of natural persons of foreign currency loans;
Third, breach of the People's Bank provides loans, or loans to the self-specific loans in the collection of interest from any other fees, or loans on commission in charge of admission fees from any other charges.
Article 68 All units and individuals forced the bank loans or provide guarantees, it should be in accordance with the "People's Republic of China Commercial Bank Law" article 85, on the direct responsibility of the competent staff and other personnel or individuals directly responsible for disciplinary action; Causing economic losses, bear all or part of the liability.
Article 69 of the borrower to take fraudulent means defrauding loans, which constitute a crime, should be in accordance with the "People's Republic of China Commercial Bank Law" Article 80, and other legal provisions imposing fines and be held criminally responsible.
Article 70 borrowers violation of the General Clauses provisions of Article 42 of Chapter IX, deliberately through mergers, bankruptcy or joint-stock reform, and other means of misappropriation of credit funds, it should be based on relevant provisions of the law bear the corresponding part of the liability and a fine of lenders In major economic loss, in accordance with the relevant provisions of the law should be held directly responsible for the criminal responsibility.
Borrowers violation of the General Clauses other provisions of Chapter IX, which dashed loan debt from lenders to stop issuing new loans and advance payment to recover the original loan. Causing the loss of credit assets, the borrower and its executive officers or other individuals, should bear some or all of the liability. Liability in non-compliance before any other lender shall not grant loans.
71 borrowers one of the following circumstances, the lender some or all of its loans subject to interest the situation was especially serious, people stop paying loans from the borrower has not yet use the loans and advance loans to recover some or all of:
First, do not use the loan contract provides loans for use.
Second, the use of loans for equity investment.
Third, with loans in securities, futures and so on the speculation business.
Fourth, 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.
5, the loan contract that provides for the settlement of the loan principal and interest.
6, the taking of making illegal loans each other lending income.
Article 72 borrowers one of the following circumstances, the lender ordered to correct. The situation was especially serious or overdue correction, people stop paying loans from the borrower has not yet use the loans and advance loans to recover some or all of:
First, to provide loans or hiding important facts and false balance sheets, profit and loss account and other information;
Second, do not truthfully to provide loans to all accounts, deposit accounts and the balance of loans and other information;
Third, the lender refused to accept their use of credit funds and related production and management, supervision of financial activities.
Article 73 administrative departments, enterprises, joint-stock cooperative economic organizations, supply and marketing cooperatives, rural cooperative foundations and other foundations of the unauthorized loans; enterprises without authorization for the borrowing or lending in disguise, by the People's Bank of Lender According to a violation punishable by income more than tripled to 5 times the fine, banned by the People's Bank of China.
Article 74 of the parties to the penalty decision against the People's Bank of China, can be "means the People's Bank of administrative reconsideration (Trial)" provides for reconsideration, the review will continue during the implementation of the original punishment.
Chapter 12 Supplementary Provisions
Article 75 of state policy banks, foreign financial institutions (including foreign investment, Sino-foreign joint ventures, branches of foreign financial institutions, etc.) of the loan management methods, to be enacted separately by the People's Bank of China.
Article 76 of the foreign government loans, export credit, foreign discount interest loans, export credit guarantees under the external loans and with the support of international commercial loans to the management, separate from the People's Bank of China.
77 loans under the General Clauses can develop the implementation details, reported the People's Bank of the record.
78 of the General Clauses since the implementation date, the People's Bank of China and various loans in the previous formulation of various regulations, inconsistent with the General Clauses, to the General Clauses prevail.
Article 79 of the General Clauses by the People's Bank of China is responsible for the interpretation.
Article 80 of the General Clauses since August 1, 1996 will go into effect.
Article 25 loan applications:
Borrowers need loans, it should be organised to banks or other institutions managing the bank applications.
Borrowers should be filled out, including the amount of borrowing, the borrower uses, the repayment of outstanding ability and means, such as the main content of "borrowing applications" and provide the following information:
First, the borrower and the guarantor of basic conditions;
Second, the financial departments or accounting (audit) firms on the approval of the annual financial report, and for a borrower before the financial report;
Third, the original use of unreasonable loans to rectify the situation;
4, collateral, the quality of the list and agreed to dispose of collateral, the pledge proved to be the guarantor and agreed to ensure that the relevant documents;
5, project proposals and feasibility report;
6, the lender that the need to provide other relevant information.
Article 26 of the borrower's credit rating assessment:
Should be based on the borrower's leader in quality, economic strength, capital structure, performance, operational efficiency and development prospects and other factors, assessing the borrower's credit rating. Rating by the independent lender, internal control, may also be entitled to approval of the assessment agencies.
Article 27 of loan investigation:
Loan borrowers who accepted an application, should be on the borrower's credit rating and the legitimacy of borrowing, safety, profitability, and other cases to investigate and verify collateral, the quality of, the guarantor, the risk of loans.
Article 28 of loan approval:
Borrowers should be established Shendai separation, classification of loan approval management system. Review of staff should be provided to the investigating officer to verify the information, assessment, re-testing of credit risks, views, in accordance with the regulations authority approval.
Article 29 signed loan contracts:
It should be all loans from lenders and borrowers signed loan contracts. Loan contract should be agreed by the borrower type, the borrower uses the amount, interest rates, borrowing period, repayment, by, the loan-to-the two sides of the rights, duties, responsibilities and breach of contract the two sides agreed on the need of other matters.
Guaranteed loans and loan guarantees should be signed guaranteed contracts, or the guarantor of the loan contract and set out on the consensus of the loans were guaranteed provisions, and with corporate sponsors of the official seals, and the guarantor of the legal representative or its authorized agents to sign name. Mortgage, pledge mortgage loans should be from people, quality people who signed mortgages with loan contracts, pledge contract, the need for registration, in accordance with the law should be registered.
Article 30 loans for:
Loan borrowers were in accordance with the terms of the contract arranging loans. Loans were not paid the contractual arranging the loans, the default should be paid. The borrower is not in accordance with the contract, and should be the default payment.
Article 31 after the credit check:
After issuing loans, loans to borrowers who should be the implementation of loan contracts and the borrower's business to track and inspect.
Article 32 of the return of loans:
Borrowers should be in accordance with the provisions of loan contracts on time and in full return of principal and interest loans.
Loans in the short-term loans due one week before the long-term loans due one month before, it should be sent to the borrower debt-servicing notice, the borrower should be timely preparation of funds, debt service on time.
The loans were overdue loans to the timely collection notice issued, overdue loans to the collection of principal and interest.
Loans by borrowers who are unable to return the contract period of the loan, it should be in accordance with the regulations and impunity interest not to return or can not implement the debt-servicing issues, it should be urged to return or prosecute in accordance with the law.
The early return of loans, and loans should be in consultation.
Chapter VII of supervision of non-performing loans
Article 33 of the lender should establish and improve loan quality control system, the non-performing loan classification, registration, examination and collection.
Article 34 refers to the amounts of bad loans, loans, sluggish loans, overdue loans.
The amounts of loans, according to the Ministry of Finance means the relevant provisions of the loans classified as non-performing loans.
Doubtful loans, means according to the Ministry of Finance, late (including the extension after the expiration) has not yet exceeded the stipulated period over the return of the loans, or not yet overdue or late dissatisfied with the provisions of life but production has been terminated, the project has been to stop the construction loan (Excluding the amounts of loans).
Overdue loans, means the loan contract agreement expires (including the extension after the expiration) did not return the loans (excluding loans and bad debts sluggish loan).
Article 35 of the registration of non-performing loans:
Non-performing loans from the accounting, credit data provided by the auditing departments responsible for vetting and provides access finds that the lender should be reported quarterly non-performing loans table. At the higher level in line at the same time, should be reported to the local People's Bank of China branches.
Article 36 of the evaluation of non-performing loans:
The non-performing loans loans loans, sluggish loans, overdue loans shall not exceed the proportion of the People's Bank of provisions. Borrowers should be issued to respective branches and loan appraisal bad debts, doubtful loans and overdue loans of the indicators.
Article 37 of the collection of non-performing loans and bad debts written off loans:
Credit department is responsible for the collection of non-performing loans, the audit department is responsible for the inspection of the collection. Lender shall, in accordance with relevant regulations of the state from the reserve non-performing loans and bad debts written off in accordance with the conditions and procedures for loan write-off bad debts.
Without the approval of the State Council, the lender may not be exempt loans. In addition to approval by the State Council, no unit or individual is allowed to compel the lender exempt loans.
Chapter VIII of loan management accountability
Article 38 loan administration implemented presidents (managers, directors, the same below) is responsible for the system.
Loan classification practice management, the governor should be empowered at all levels within the framework of the loans issued and the resumption of full responsibility. President or vice president could authorize the loan administration department is responsible for approving loans, or loans, vice president of the management department is responsible for the president who should be responsible.
Article 39 of the lender institutions at all levels should establish a president or vice-presidents (managers, directors, the same below) and the responsible officials of relevant departments to participate in the loan review committee (Group), responsible for loan review.
Article 40 of the establishment of Shendai separation system:
Lending Survey assessment of loan officers responsible for investigation and assessment, survey errors and commitment to inaccurate assessment of the responsibility of loan officers responsible for the review of the review of loan risks, assume responsibility for mistakes in the review; loans for loan officers responsible for the inspection and clearance to take inspection failures, the Qing Or ineffective responsibility.
Article 41 approved the establishment of loan classification system:
Borrowers should be based on business size, risk management and loan branches at all levels in determining the approval authority, authority over approving the loan should be reported to higher-level approval. Branches at all levels should be based on type of loan, the borrower's credit rating and collateral, the quality of, such as guarantor of a loan for each degree of risk.
Article 42 established a sound credit and job responsibility:
Loan administration departments at all levels should manage the loans every step of the implementation of management responsibilities to departments and positions, individuals, strict credit at all levels of staff duties.
Article 43 loans to large borrowers who Mill Xindai Yuan set up the system.
Article 44 of separation established audit system:
Loans transferred out of the original managers in the workplace, should be in their office during and within the competence of the risk of loans granted by the audit.
Chapter IX loan debt and liquidity management of protection
Article 45 of the borrowers are not allowed to violate the law, through mergers, bankruptcy or joint-stock reform, and other ways to evade bank debt, misappropriation of credit funds; shall not, by contracting, leasing, and other ways to evade the loans outstanding loans and credit supervision of the principal and interest obligations.
Article 46 lenders the right to participate in a merger, bankruptcy or in the course of the shareholding system, such as the borrower's debt restructuring, the borrower should be required to implement the loan servicing matters.
Article 47 lenders should be required to implement contracting, leasing business of the borrower, in contracting, leasing contracts clearly the implementation of the original loan debt repayment responsibilities.
Article 48 of the lender to implementing the shareholding system reform of the borrower, should be required to re-signed loan contracts, clearly the original loan debt settlement responsibility.
On the implementation of the shareholding system reform of the borrower, it should be clear of their outstanding loans from the debt of the company after all the commitment to the implementation of the shareholding system reform of the borrower, should be required to transform the shares after the company occupied by the borrower's capital or assets ratio Commitment to the original borrower's loan debt.
Article 49 of the lenders after the formation of a new joint venture of corporate borrowers, should be occupied by the request based on the assets or capital in proportion to the loan debt into the new corporate entities.
Article 50 of the lender to the merger (merger) of the borrower, should be required in the merger (merger) before the liquidation of the debt or provide loan guarantees.
The borrower does not discharge the debt loans or provide guarantees, the lenders should be required to consolidation (mergers) or the combined enterprise newly established corporate borrowers returned to the original loan obligations and re-signed with the contract or agreement.
Article 51 of the lenders and foreign joint-venture (cooperation) of the borrower, should be required to continue to assume its joint venture (cooperation) of the loan before the return of responsibilities and requirements of its priority will be the return of the proceeds of loans. Borrowers have been used as a mortgage loan, pledge of property and foreign joint-venture (cooperation) when the consent must be sought loans.
Article 52 of the separation of the lender borrowers, should be required before their separation in the liquidation of the debt or provide loan guarantees.
The borrower does not discharge the debt loans or provide guarantees, the lenders should be required after the separation of the various enterprises, in accordance with the separation of the share capital or assets, or the proportion of the agreement, the borrower owed on the original loan commitment liquidity responsibility. The establishment of subsidiaries of the borrower, should be required by its subsidiaries from the ratio of capital or assets to repay the parent company and assume the corresponding loan debt.
53 of the loans were paid on the transfer of property rights or for the dissolution of the borrower, should be required to transfer their property rights or loans must be implemented before the dissolution of the liquidation of the debt.
Article 54 of the lender shall, in accordance with relevant laws to participate in the estate of the borrower finds that the disposal of the debt with creditors, the bankruptcy of borrowers has set property mortgage, pledge or other loans secured creditors, lenders have priority for repayment of the law; No claims of property loans secured by due process and the ratio of debt service.
Chapter 10 special provisions for loan management
Article 55 established by Bank loan system:
The borrower should be provided with the People's Bank of China to open basic accounts of loans by Bank loans to establish relations.
The separation of corporate borrowers, the shareholding system reform and building of major projects involving the use of credit funds and the safety of major economic activities, should be consulted prior to the views of host. A borrower can only have a loan organised trip, sponsored trip should be as basic account changes and changes.
Will not host package funds, but should be in accordance with the regulations systematically borrowers to offer loans for the borrowers to provide the necessary information consultation, agents and other financial services.
Loan Bank system and by the approach for implementation by the People's Bank of China provided otherwise.
Article 56 of syndicated loans are loans should establish a lead line and signed syndicated loan agreement, the loan clearly the rights and obligations, common assessment loans. Lead to an agreement should be determined by the ratio of supervision and loan repayment. Management of syndicated loans provided separately by the People's Bank of China.
Article 57 of a particular loan management:
State-owned commercial banks should be paid by the State Council regulations and management of specific loans.
Specific management measures in accordance with the loan.
Article 58 non-bank financial institutions lending the type of object, scope, the People's Bank of China should be provided.
Article 59 of remote loan lender, or accept remote deposits should be reported to the local People's Bank of China branch record.
Article 60 of credit funds shall not be used for financial expenditure.
61 administrative departments at all levels and enterprises, supply and marketing cooperatives and other cooperative economic organizations, rural cooperative foundations and other foundations, such as deposits and loans may not be operating financial business. Between enterprises are not allowed to violate state regulations for loans or loan financing business in disguise.
Chapter 11 penalties
Breach of Article 62 of loan management of assets and liabilities of the relevant provisions of the loans, should be in accordance with the "People's Republic of China Commercial Bank Law" Article 75, by the People's Bank of China ordered corrective action and impose fines, if there is any illegal income confiscated, And should be in accordance with article 76 of the direct responsibility of the competent personnel and others directly responsible for punishment.
Article 63 provides loans to the breach of relations between the people of credit loans or loan guarantees of the conditions better than other borrowers similar loan conditions, it should be in accordance with the "People's Republic of China Commercial Bank Law" Article 74 punishment, and should be made in accordance with 76 pairs of the people directly responsible for punishment.
Article 64 of the lender's staff ordered the units or individuals of their loans or provide guarantees had not been rejected, it should be in accordance with the "People's Republic of China Commercial Bank Law" Article 85 will be given disciplinary sanctions, should bear the damage caused by the corresponding Liability.
Article 65 of the loan officers responsible for violations of the relevant provisions of the General Clauses, should be given disciplinary sanctions and fines; serious or repeated violations, it should be transferred out of the workplace, abolish the qualification; causing serious economic losses or other economic crimes constitute the , In accordance with the relevant provisions of the law should be held criminally responsible.
Article 66 loans were one of the following circumstances, ordered by the People's Bank of China correction; overdue correction of the People's Bank of China could be sentenced to five thousand dollars more than 10,000 yuan fine the following:
1, operated by the loan were not disclosed the type, duration and interest rates;
Second, did not disclose loans and the issuance of loans to review the content;
Third, did not reply within the prescribed period of the borrower's loan applications.
Article 67 loans were one of the following circumstances, ordered by the People's Bank of China correction; if there is any, the confiscation of illegal income in addition to 1 times the illegal income of more than three times the fine, no illegal income, and sentenced to more than 50,000 yuan Following a fine of 300,000 yuan; constitute a crime, shall be held criminally accountable:
First, the lender violation of the regulations Daidian commissioned loan funds;
Second, the People's Bank of China without the approval of natural persons of foreign currency loans;
Third, breach of the People's Bank provides loans, or loans to the self-specific loans in the collection of interest from any other fees, or loans on commission in charge of admission fees from any other charges.
Article 68 All units and individuals forced the bank loans or provide guarantees, it should be in accordance with the "People's Republic of China Commercial Bank Law" article 85, on the direct responsibility of the competent staff and other personnel or individuals directly responsible for disciplinary action; Causing economic losses, bear all or part of the liability.
Article 69 of the borrower to take fraudulent means defrauding loans, which constitute a crime, should be in accordance with the "People's Republic of China Commercial Bank Law" Article 80, and other legal provisions imposing fines and be held criminally responsible.
Article 70 borrowers violation of the General Clauses provisions of Article 42 of Chapter IX, deliberately through mergers, bankruptcy or joint-stock reform, and other means of misappropriation of credit funds, it should be based on relevant provisions of the law bear the corresponding part of the liability and a fine of lenders In major economic loss, in accordance with the relevant provisions of the law should be held directly responsible for the criminal responsibility.
Borrowers violation of the General Clauses other provisions of Chapter IX, which dashed loan debt from lenders to stop issuing new loans and advance payment to recover the original loan. Causing the loss of credit assets, the borrower and its executive officers or other individuals, should bear some or all of the liability. Liability in non-compliance before any other lender shall not grant loans.
71 borrowers one of the following circumstances, the lender some or all of its loans subject to interest the situation was especially serious, people stop paying loans from the borrower has not yet use the loans and advance loans to recover some or all of:
First, do not use the loan contract provides loans for use.
Second, the use of loans for equity investment.
Third, with loans in securities, futures and so on the speculation business.
Fourth, 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.
5, the loan contract that provides for the settlement of the loan principal and interest.
6, the taking of making illegal loans each other lending income.
Article 72 borrowers one of the following circumstances, the lender ordered to correct. The situation was especially serious or overdue correction, people stop paying loans from the borrower has not yet use the loans and advance loans to recover some or all of:
First, to provide loans or hiding important facts and false balance sheets, profit and loss account and other information;
Second, do not truthfully to provide loans to all accounts, deposit accounts and the balance of loans and other information;
Third, the lender refused to accept their use of credit funds and related production and management, supervision of financial activities.
Article 73 administrative departments, enterprises, joint-stock cooperative economic organizations, supply and marketing cooperatives, rural cooperative foundations and other foundations of the unauthorized loans; enterprises without authorization for the borrowing or lending in disguise, by the People's Bank of Lender According to a violation punishable by income more than tripled to 5 times the fine, banned by the People's Bank of China.
Article 74 of the parties to the penalty decision against the People's Bank of China, can be "means the People's Bank of administrative reconsideration (Trial)" provides for reconsideration, the review will continue during the implementation of the original punishment.
Chapter 12 Supplementary Provisions
Article 75 of state policy banks, foreign financial institutions (including foreign investment, Sino-foreign joint ventures, branches of foreign financial institutions, etc.) of the loan management methods, to be enacted separately by the People's Bank of China.
Article 76 of the foreign government loans, export credit, foreign discount interest loans, export credit guarantees under the external loans and with the support of international commercial loans to the management, separate from the People's Bank of China.
77 loans under the General Clauses can develop the implementation details, reported the People's Bank of the record.
78 of the General Clauses since the implementation date, the People's Bank of China and various loans in the previous formulation of various regulations, inconsistent with the General Clauses, to the General Clauses prevail.
Article 79 of the General Clauses by the People's Bank of China is responsible for the interpretation.
Article 80 of the General Clauses since August 1, 1996 will go into effect.
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