In future, if you bank loans, you will find that, in the past often the guarantee for loans, mortgages or loans pledged disappeared, it has been classified by the "People's Republic of China guarantees" under the guarantee, mortgage or pledge form The scope for issuing loans, and to remove the self-employed loans, entrusted loans, specific loans and bills discounted; you'll find that if you want to modify loan period, the bank will loan you the use of funds, assets and the conversion cycle, and so on You consultation, and the extension of the loan application, prepayments, loan and the interest rate level of income statements, loan waiver and stopped, cut interest rates, income and ease the interest-free areas, there are many new changes…… the new "loan General Clauses ( The draft) "and highlighted a new variable.
The borrower's rights and obligations
And the current "loans General Clauses" compared to the new "loan General Clauses (draft)" Chapter III of the borrower to modify the conditions of the borrower, to delete the limited liability companies and foreign equity interest of the Company accumulated amount of investment Its total net assets of more than 50 percent of the restriction, borrowers add a natural one, and the identity of the borrower provided. If it is prepared to carry out some of the borrower may have a greater impact on the normal reimbursement of the investment activities, the borrower is the timely provision of operational changes, such as obligations, or else the lender and therefore caused direct economic losses, the borrower must bear legal responsibility. Revised also require borrowers to have advance written notice of the loan obligations involved in the event of litigation, and other major matters, the borrower shall occur on the date of three working days written notice to the lender; In addition, the new "loans General Clauses (soliciting Draft) "on loan were also re-use restrictions, clearly defined, people should not be referred to loan funds for equity investment, shall not be registered capital, or capital increase registered capital verification Kuogu and shall not engage in stock, futures, financial Derivatives investments, shall not be used for budget and balance of payments, and so on.
Loans, the rights and obligations
The new "loan General Clauses (draft)" in chapter IV of the new loans, the rights and obligations of borrowers independent review and decision loans, the right to reject any legal persons, natural persons or other organizations ordered their release loan approval And instructions; as a borrower, failing to fulfil their obligations under the loan contract, the lender can pay for the contract to stop issuing loans, until the early resumption of the disarmament of all loans or loan contracts; loans are entitled to in accordance with the law or provisions of the contract, to take Loan losses from the measures.
Loans are significant changes in risk control
The new "loan General Clauses (draft)" risk control of the loans have also made significant changes to simplify the procedures for applying for loans, but also a substantial increase in the lender's risk control content. In the borrower to apply for loans at the abolition of the "project proposals and feasibility reports, the original use of unreasonable loans to rectify the situation", an increase of "natural person must provide a valid proof of identity and credit status that" the past will be on borrowers The credit rating assessment, survey loans, loan approval, signed loan contracts, issuing loans, loan-to-after inspection, such as the return of classified loans, "received a loan application, the lender should also examine the following one or more"; Add the "lender of credit management should be carefully implemented effective authorization system"; loan borrowers should be based on risk loans will be divided into normal conditions, concerns, secondary, suspicious and losses category. Borrowers should be timely collection of overdue loans. Of the project loans and corporate loans in accordance with overdue loans will be divided into several days overdue 90 days, 180 days, 270 days, 360 days and 360 days over five grades of statistics and the quality of loans classified as an important reference. On retail loans shall be those of the above provisions on the number of days overdue for more detailed classification of the borrower can not be in accordance with the contractual agreement to return or unable to implement the loan principal and interest on the debt service, lenders should be timely claims of protection, if necessary in accordance with the law in the news The media or to take legal measures such as litigation; loans were made non-monetary assets should be carefully followed the principle of timely disposal; lenders should establish and improve risk warning system of loan quality monitoring system and the classification of non-performing loans, finds that the registration, Assessment and collection; lender should be the Ministry of Finance and the State Council Banking Regulatory bodies of the relevant provisions from loan loss reserves, loans should be in accordance with the relevant provisions of the Ministry of Finance, in accordance with the law to write off bad loans, "the new provisions.
In addition, the new "loan General Clauses" also made it clear the loan and the borrower's legal liability, which is the current "loans General Clauses" in the negative.
The borrower's rights and obligations
And the current "loans General Clauses" compared to the new "loan General Clauses (draft)" Chapter III of the borrower to modify the conditions of the borrower, to delete the limited liability companies and foreign equity interest of the Company accumulated amount of investment Its total net assets of more than 50 percent of the restriction, borrowers add a natural one, and the identity of the borrower provided. If it is prepared to carry out some of the borrower may have a greater impact on the normal reimbursement of the investment activities, the borrower is the timely provision of operational changes, such as obligations, or else the lender and therefore caused direct economic losses, the borrower must bear legal responsibility. Revised also require borrowers to have advance written notice of the loan obligations involved in the event of litigation, and other major matters, the borrower shall occur on the date of three working days written notice to the lender; In addition, the new "loans General Clauses (soliciting Draft) "on loan were also re-use restrictions, clearly defined, people should not be referred to loan funds for equity investment, shall not be registered capital, or capital increase registered capital verification Kuogu and shall not engage in stock, futures, financial Derivatives investments, shall not be used for budget and balance of payments, and so on.
Loans, the rights and obligations
The new "loan General Clauses (draft)" in chapter IV of the new loans, the rights and obligations of borrowers independent review and decision loans, the right to reject any legal persons, natural persons or other organizations ordered their release loan approval And instructions; as a borrower, failing to fulfil their obligations under the loan contract, the lender can pay for the contract to stop issuing loans, until the early resumption of the disarmament of all loans or loan contracts; loans are entitled to in accordance with the law or provisions of the contract, to take Loan losses from the measures.
Loans are significant changes in risk control
The new "loan General Clauses (draft)" risk control of the loans have also made significant changes to simplify the procedures for applying for loans, but also a substantial increase in the lender's risk control content. In the borrower to apply for loans at the abolition of the "project proposals and feasibility reports, the original use of unreasonable loans to rectify the situation", an increase of "natural person must provide a valid proof of identity and credit status that" the past will be on borrowers The credit rating assessment, survey loans, loan approval, signed loan contracts, issuing loans, loan-to-after inspection, such as the return of classified loans, "received a loan application, the lender should also examine the following one or more"; Add the "lender of credit management should be carefully implemented effective authorization system"; loan borrowers should be based on risk loans will be divided into normal conditions, concerns, secondary, suspicious and losses category. Borrowers should be timely collection of overdue loans. Of the project loans and corporate loans in accordance with overdue loans will be divided into several days overdue 90 days, 180 days, 270 days, 360 days and 360 days over five grades of statistics and the quality of loans classified as an important reference. On retail loans shall be those of the above provisions on the number of days overdue for more detailed classification of the borrower can not be in accordance with the contractual agreement to return or unable to implement the loan principal and interest on the debt service, lenders should be timely claims of protection, if necessary in accordance with the law in the news The media or to take legal measures such as litigation; loans were made non-monetary assets should be carefully followed the principle of timely disposal; lenders should establish and improve risk warning system of loan quality monitoring system and the classification of non-performing loans, finds that the registration, Assessment and collection; lender should be the Ministry of Finance and the State Council Banking Regulatory bodies of the relevant provisions from loan loss reserves, loans should be in accordance with the relevant provisions of the Ministry of Finance, in accordance with the law to write off bad loans, "the new provisions.
In addition, the new "loan General Clauses" also made it clear the loan and the borrower's legal liability, which is the current "loans General Clauses" in the negative.
No comments:
Post a Comment