Business applications mortgage notes and templates

State
National Student Loan borrowers to write applications for points
1, name
2, for reasons
3, for the amount
4, after borrowing guarantee Lu
To the obligations
5, Luokuan

National Student Loan applications to write Fan
Li Wen 1:
I XX X classes of secondary schools XX, I lived in a remote hill village. There are six people at home, the home of the labor force only father and mother, but they have been sick in the body. Because there is no culture, no capital, but with hard labour Duangong living, more than 10 years has been living a poor life. When I was small, home with four children to study, so that we can all parents to go to school, day and night all hard work trouble, but they are hard-earned money is not enough for the school fees we can only think by relatives. At that time is really too difficult, the eldest sister has not graduated from junior high school dropouts to return home to help; Erjie and join me in junior high school graduates, also would like to read high school, but at home we really can not shoulder the fees, so Erjie have the opportunity to high school Let me go home to help their own.
My house is only 1.5 mu of paddy fields around each of all the rice harvest barely able to provide home. My home, the only source of income to rely on that little star anise and cassava. So the whole family's annual income is only around 2,000 yuan, excluding debt payments, daily expenses, leaving it a little. Therefore, tuition has been troubling us. However, in order to the future, I need to study, go to college.
In order to complete my studies, round my college dream, I want your help, I will fight hard efforts to realize my dream. Thank you!
Sincerely
Salute
Applicants: XX

Li Wen 2:
Bank of China XX XX Branch:

I was 200 X, XX XXXX Yuekao into the College of XXXX XXXX XXXX professional classes who are X students, identity card numbers for XXXX, graduation time for the XX XXXX on. Because of family financial difficulties, difficult to pay my tuition at school during the , In order to successfully complete their education, special visit to your country for student loans, loan 200 X to 200 X XXXX that the tuition fees RMB yuan whole (XXXX yuan), 200 X to 200 X XXXX that the tuition fees RMB yuan whole (XXXX million), 200X to 200 X XXXX that the tuition fees RMB yuan whole (XXXX yuan), 200 X to 200 X XXXX that the tuition fees RMB yuan whole (XXXX yuan), 200 X to 200 X XXXX that the tuition fees RMB yuan whole (XXXX million), the above total of RMB yuan XXXX The whole (XXXX million). Loan period from 200 X, XX, to 200 X, XX, no later than six years after graduation.
I promise: access to national student loans, to study hard and positive progress, the better to complete their studies. And keep its promises, in XXXX XX, XX, recently repaid loans after graduation timely work units or detailed contact information Inform your line, do a word used in contemporary college students.
My home is the contact details of XXXX XXXX in the town of XXXX XXXX XXXX County village
ZIP code is: XXXXXX contact telephone number is: XXXXXXXX

Applicants: XXXX
XXXX XX, XX, in

Approving loan applications filled out forms attention

To be provided by:

Housing - affordable housing:
1, "housing (combinations) loan application form," one of the original four.
2, the borrower and the spouse ID card accounts thin and four copies of the original.
3, to provide a marriage certificate married, unmarried single that provided the original and four copies.
4, proof of income borrowers Two Original (centre format and the format of a bank).
5, Jiao Fangkuan have an official receipt (at least 30 percent of the total Fangkuan) Original and four copies.
6, legally purchase the original, and four copies.
7, other requirements to provide proof or material.
(Note: The above material copy of a centre, the three banks)
The housing reform: 1-7 In addition to the above items should provide materials, plus contributions houses do notice, the sale of public housing units table, the housing reform copy of the approval Two.
The second-hand: In addition to the above should provide the material, 1-7, Jiaqi about, the assessment report, issued by the Stock Exchange of bank accounts that the exchanges to provide contributions to purchase 40% of people copy of the statement Two.

Approving loan applications filled out forms attention

To be provided by:

Housing - affordable housing:
1, "housing (combinations) loan application form," one of the original four.
2, the borrower and the spouse ID card accounts thin and four copies of the original.
3, to provide a marriage certificate married, unmarried single that provided the original and four copies.
4, proof of income borrowers Two Original (centre format and the format of a bank).
5, Jiao Fangkuan have an official receipt (at least 30 percent of the total Fangkuan) Original and four copies.
6, legally purchase the original, and four copies.
7, other requirements to provide proof or material.
(Note: The above material copy of a centre, the three banks)
The housing reform: 1-7 In addition to the above items should provide materials, plus contributions houses do notice, the sale of public housing units table, the housing reform copy of the approval Two.
The second-hand: In addition to the above should provide the material, 1-7, Jiaqi about, the assessment report, issued by the Stock Exchange of bank accounts that the exchanges to provide contributions to purchase 40% of people copy of the statement Two.

Commercial buildings and loans flow chart of what information should be submitted

Borrowers apply for loans of commercial space, should fill out the "commercial space loan application form," the lender to submit the following information:

1, loan applications, including: Overview of borrowers, operational and financial situation, the reasons for borrowing, use, the amount and duration, loans and repayment plans;

2, identity documents (identity card or other account of the effective residence documents) and a copy of the original;

3, issued by the industrial and commercial administration departments and copies of copies of business licenses, tax authorities issued the tax registration and a copy of a copy;

4, the financial sector or accounting firm approved by borrowing the previous year's financial reports, borrowing the previous quarter's financial statements;

5, issued by the departments authorized loans of borrowers or the solvency of that income;

6, in line with the provisions of the purchase of commercial space contracts, agreements or other valid documents;

7, collateral or quality of the list, ownership is proved that there are powers agree that the mortgage or pledge and collateral valuation;

8, the sponsor agreed to provide a written guarantee that document and its credit;

9, seeks to provide loans to other documents or information.

Loan borrowers who accepted an application, the investigating whether the borrowers loan conditions and verify collateral, the quality of, the guarantor; corporate loans to purchase houses or commercial office space, according to the lender to the provisions of its Management, efficiency and repayment ability and other aspects of comprehensive assessment. Bank review of the relevant information, to review, on this basis, the loan approval.

Guidelines for National Student Loan

NO.1 application

Students need to apply for loans within the stipulated time of the school institutions to apply for "national student loan approval table" and other materials, and prepare relevant supporting materials should reach the national school student loan agencies.

What are the universities of the National Student Loan:
Public full-time college should actively implement the national student loan policy, and cooperation between the bank for college students from poor families for national student loans.
Need to submit applications for the material:
(1) National Student Loan approval sheet;
(2) my student ID card and a photocopy of identity cards (minors are required to provide effective legal guardian's proof of identity and apply for loans written consent of proof);
(3) of my family's economic difficulties;
(4) townships, towns, streets and county-level civil affairs departments of education-related executive departments on their family financial difficulties that
(5) the bank or the school requests for documents and other information. National Student loan interest rates:
National Student Loan repayment period:
Generally speaking, the borrower students should graduate within six years after the loan repaid principal and interest.
The state's financial how to conduct national student loan interest subsidies:
Borrowers in school students during the national student loan interest from all the state financial subsidies.


What is the National Student Loan »
What are the universities of the National Student Loan work »
Students per school year, the number of countries can apply for student loans »
National Student Loan for how the conditions under »
How to apply for National Student Loan »
National Student Loan repayment period is long »
National Student loan interest rate is the number of «
How the state's financial interest loans to subsidize »
Student loan borrowers do not need the half-way how to do »
Transfer students how to deal with the borrowing student loans »

NO.2 schools of First Instance

Audit principles: school institutions in the student loan management center issued the annual borrowing limit and control of proportion, organized students apply for loans, student loans and accept applications.

School of First Instance
School students to the institution of the National Student Loan application materials to review the qualifications of its integrity, authenticity and legality responsible for preliminary work in student loan applications received after 20 working days.
Upon completion of this work, school institutions for a five-day publicity and there are applications to correct the problem.
After the preliminary work correct, the school institutions in 10 working days, the review of qualified loan application with official seals to be confirmed, the results of the review will inform the students, and establishment of "national student loan students review the information sheet."
Who is to review and approval national student loan applications »
School students to submit the relevant departments in charge of the National Student Loan applications for review.

National Student Loan applications usually need to provide the students what materials »
Who is to review and approval of the National Student student loan applications »

NO.3 Bank approval


Bank approval
-- Bank in the school uniform to receive the loan contract and IOU after the 15 working days to sign, and in five working days to complete the signing of the loan contract agencies served schools. School institutions in the loan contract and received IOU after five days back to the borrower students in my custody.
Who is to review and approval national student loan applications »
School students to submit the relevant departments in charge of the National Student Loan applications for review.
Will the early repayment »
Student loan borrowers in the period, ahead of some or all of the repayment, it must be in writing in advance to the banking application.

Who is to review and approval of the National Student student loan applications »
Student loan repayment will advance »

NO.4 contract

Loan applications were approved, according to the school would provide the bank borrowing roster of students, in 10 working days organize the students filled out, signed loan contracts and IOU's work and had submitted bank.

And the bank signed a contract for
-- Bank in the school uniform to receive the loan contract and IOU after the 15 working days to sign, and in five working days to complete the signing of the loan contract agencies served schools.
-- How the National Student Loan Bank signed loan contracts »
Student loan applications through the school after review and approval banks, schools will weave the students filled out, signed loan contracts and IOU, and other text. School students should apply for loans or loan information promptly notify their parents or their legal guardians

Student loans - and how the National Student Loan Bank signed loan contracts »

NO.5 loans

The specific rules for issuing loans, the banks will be for each student for a debit card or demand deposits.

How to release National Student Loan »
Action should be in the bank loan contract signed on the date of 20 working days will be the first year of tuition fees, accommodation and subsistence loans included in the school designated accounts, and after the second year of the tuition fees, accommodation and living expenses loan…
Who is responsible for overseeing the use of loans »
School students responsible for overseeing the use of the loan, the bank had loans to the schools to understand the distribution and use.


NO.6 outstanding loans

The use of student loan borrowers students completed their studies, should attach importance to their credit, loans on time to return.
60 before leaving school graduates each year, schools will be organized students and borrowers would repay the banks to confirm procedures for handling bank will send someone on-site service for students on the repayment of the loans, student loans and to answer the consultation.

Graduation, the need for banks and what procedures »
1. Student loans before graduation, the school should be organized student loan repayment and the bank would confirm procedures.
2. To students enrolled in degree of borrowing, to the host school before graduation to apply for renewal.
When countries begin to repay student loans »
Student loans after graduation, his interest loans to be paid in full. -- Bank loans to allow students under the employment and income level, self-chosen 24 months after graduation in any month since the principal amount of outstanding loans.
Ways to repay student loans country »
Banks are usually designed for the student loan repayment of two ways: matching the principal and interest payments and principal repayments equal.
Should bear the consequences of default »
1. National Student Loan borrowers without students - and in accordance with the bank signed the agreement for the repayment deadline for an agreement, the amount of outstanding loans, the banks would respond to its default of repayment of the amount to Faxi…
2. Repayment agreement by entering the repayment period, the default for more than a year without contact with the banks take the initiative to handle the formalities of student loans, the administration departments and banks will be through the media…

Personal loan applications

Workers personal housing mortgage loans should bring the following information:

1, workers personal housing mortgage loan applications;

2, proof of the individual units;

3, a copy of the borrower identity card (original);

4, a copy of the borrower accounts (Original);

5, (1) the purchase of 100% of the property, should bring "concessions Shoufang approval form" a copy, fill out the "Urumqi City workers rights and interests of individual housing loans secured property rights certificates";
(2) the purchase of 33 per cent of property rights, need to take "all property rights replenishment computation of" copy, while 67 percent of the borrower's card copies Sifang property rights;
(3) purchase Anju Fang (affordable housing), the need to bring residential housing project (of the economy applicable) pre-sales contract and a copy of the original.

6, borrowers pay has more than 30 percent of the purchase of a copy of your receipt of receivables;

7, units of the unit housing provident fund should be Huijiao, receive loans, as well as Shoufang Kuan account account to write a total proved.

Borrowers should pay attention to three units:

1, and units of all borrowers total borrowings should not exceed the month of the unit housing accumulation fund loans to total 80 percent;

2, individual borrowers may not exceed purchase (100% or 33% of the property rights of property rights), 70 percent up to more than 20,000 yuan. An Jufang purchase (affordable housing) can be appropriately increased line of credit.

3, to retain the amount of loans to 100 integer. If workers need a loan 17872.33 yuan, 17,800 yuan for the remaining 72.33 yuan to be raised by individual workers and staff members pay enough.

Consumer loan procedures

Is a venture in Shenzhen's dream, the wage is always the hearts of the pain……

Their business, with, the customer has, with talent…… missing a little bit on the start-up funding, is only owed everything is ready so-called Dongfeng ah. k does not matter, as long as a good and creative, capital afraid of what » Bank there is not plenty of money? » Banks are doing, is the need for the timely help of funding them.

But the bank is not free money being paid, and it has its own set of methods and systems of control, people may listen to bank customers money managers say a few words on the request was made Yunliwuli, financing is not a simple matter Ah, indeed, in banks, Chinese banks on the one hand the deposits of astronomical breakthroughs, but the money has come in to deposit interest paid to depositors, the bank also has a revenue-producing deposits to the pressure inside. After all the money on the library is not automatically added value. k so that the value of money is the primary means of the purchase price. So banks have to absorb the demand deposits more lenders to demand the driving force. However, Qian You can not arbitrarily put to the people, financial security will never be the first place.

So the lenders to the customer? «Generally credit loan, the purchase price two main ways. The general enterprises and individuals to get credit for the purchase price is impossible, only that the remaining money on the road can be left. For us personally, the most commonly used is the purchase price of the housing mortgage loan. That is, the banks now launched the personal consumption loans. k But even if you have real estate as collateral, the banks have a process to examine each client's credit, depending on the credit ratings given to different loan-to. Is based on the so-called percentage of your money to fight the demolition, Tongsudishui is if you take 1 million of real estate collateral impossible to 1 million of goods to the capital, only 1 million less than the amount of money you used to The. This percentage is generally four to about 70%, with the bank's specific requirements and different periods vary.

Then our money is to have experts in this area needs a friend to the banks for loans and as much as possible the application process. We paid and free of charge d'affaires. Now we talk about simple applications for consumer loans:

1, with full civil capacity of natural persons have a stable income, good credit, the ability to repay the loan principal and interest
2, approved loans to the mortgage or pledge
3, individual housing loans for the basic needs
4, identity documents (identity cards, residence documents of the accounts or other identity documents)
5, proved the ability of borrowers to repay mortgage or pledge of the Rights of the list, ownership documents, issued by the powers who agreed to
6, mortgage or pledge of proof
7, the agency authorized to loans issued by the collateral valuation report
8, agreed to sponsor and guarantor of the written opinion of the creditworthiness of proof
9, various loans for other purposes

Loan General Clauses (1)

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.

Loan General Clauses (2)

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.

"General Clauses loans" to amend the bills market

The banks and the CBRC April 6 jointly issued a notice on the revised "General Clauses loans" made public for comments. Generally speaking, the revised "loan General Clauses" conforms to China's financial market developments and changes in the trend reflects the management, supervision of the idea of updating and improvement. For paper market, this amendment is particularly great significance lies in its core elements, in 1996 promulgated the "loans General Clauses" in Chapter II of Article 9 will be clear that credit and bills discounted loans, secured loans tied to loans A, and the revised "General Clauses loans" only in accordance with Article 10 of whether the secured loans will be classified as loans and credit loans, loans no longer included in the types of bills discounted. If this change will ultimately remain in the newly revised "loan General Clauses", China's paper market is bound to the direction of a positive and constructive influence.

First of all, is conducive to commercial banks to correctly understand the nature of business paper, rationally define the business risk, in a targeted manner to establish management and control methods. All along, commercial bank credit for the paper business of business or industry financing debate. Credit from the target, the bank acceptance bills of exchange and commercial acceptance of the acceptance of bills of exchange and discount loans the same, are to-business credit, and other financing instruments (including bills discounted), and with the same industry financing business, Financial institutions is the mutual credit and from the target for business, the loans, acceptances and the discount is for enterprises to directly face, is now posted, the buy-back and financing directly with the industry facing commercial banks and from the use of terms, loans, for Discount and directly against the enterprise to meet the short-term financing needs, and is now posted, and repurchase financing with the same industry, regulating the commercial banks is an important means of places remaining funds. Notes on the vague understanding and business disputes, a direct result of the commercial banks in the day-to-day business activities of the loans, mutatis mutandis, to manage and operate instruments business, but in varying degrees, the use of the loans, trade financing and bill business rules, operating on a . Some operators use paper business and credit management of cross-blind spots, which can bypass the calling to which management business, to relax requirements of risk prevention, to avoid the higher level monitoring. Discount Notes will be removed from the types of loans, commercial banks will further clarify bills discounted business loan business and credit risk come from different sources, the former credit risk from Cheng Duiren instead of the discount business, which primarily reflected in the risk of the borrower The credit situation. Therefore, the operating instruments in the process of financing business, risk prevention to focus on the authenticity of the instruments on the identification and credit Cheng Duiren the inspection, this also reflects the bills discounted business and the fundamental difference between the credit business.

Secondly, the paper market is conducive to purifying the environment, development of the market excluding the non-paper, paper market is also true. 2001, the People's Bank issued "on the money order to strengthen the commercial acceptance of the Discount rediscount management notice," the "and posted on the bills discounted business practice is a separate assessment", "no longer included in bills financing the loan-to-deposit financial institutions Proportion of assessment. " It is learnt that the people will then have to consider the discount loans from the loan under draw, but this proposal because contrary to "loan General Clauses", is not formally written into the text. However, as always in the bill financing the loans in the statistics, the objective for commercial banks by increasing the assets of bills to expand the scale of loans, to cover up bad assets and reduce the risk of non-performing loan ratio has provided an opportunity. Bills in the development of non-market factors into bills open secret. Discount notes are not clear loans, reduction of the paper business as a commercial bank short-term capital channel profitability, liquidity management tools, and other essential characteristics.

Third, to resolve the bills discounted loans as a result of conflict management, and further regulate the paper market conduct of operations, the instruments to promote the use and circulation. "General Clauses loans," the overall constraints, the bills discounted business loans should be carried out strictly in accordance with the management, but because of the paper business, in actual operation have some contradictions. For example, tax authorities, construction companies, bookstores, and other enterprises or institutions are not corporate entities, most can not provide the required business licenses, corporate code card, credit card (cards) and other loans to the elements, can not obtain bank loans. However, these enterprises in the day-to-day business activities, also because of the credits and debts relations as a tool for settlement of bills, the bills discounted loans as the management of the circumstances, they obviously can not handle bills discounted. For commercial banks, either to give up business, enterprises lack capital, the banks lost a very good profit opportunities, but also hinder the settlement of tools and instruments as a financing tool for the normal flow of suspected irregularities or to take alternative means of operation , And such operations are often bound by the lack of a standardized system, contains a certain amount of risk. The revised "General Clauses loans" to commercial banks in accordance with the characteristics of their own instruments to manage and operate, whether the discount depends entirely on their own instruments and Cheng Duiren the credit, not only guarantee the financing tools and instruments as a tool for clearing the flow Transfer and promotion of market instruments of a good market order.

Fourthly, the central bank to accurately determine the total credit, and give better play to the effectiveness of monetary policy. In all the instruments business, commercial banks, commercial bills of exchange issued by a direct acceptance is to provide credit support to enterprises, while the discount, is now posted, the rediscount business only under the existing credit financing, and did not provide new credit support , Did not make the original credit expansion. Bills discounted as a loan administration and statistics, the formation of the macro policy of double control. On the one hand, bills discounted, as reflected in the credit of enterprises with the total volume of credit; On the other hand, bills financing and as part of the money market acceptance of monetary policy control. Factoring in itself not a new volume of credit, bills business and the flow of funds in the banking system is inflated the idling of the credit volume, which affects decision-making body on monetary judgement of the situation accurately. In 2003 as an example, the national financial institutions 2.7651 trillion yuan in new loans which, short-term liquidity loans added 949.6 billion yuan, 340.3 billion yuan new financing instruments, or 37.2 percent. The end of the acceptance of the balance of commercial bills of exchange 1.2776 trillion yuan, an increase over last year 541.3 billion yuan, or 42.3 percent. If the acceptance of the whole society to calculate the total amount of credit delivery, significantly higher than calculated by the total number of bills discounted. Therefore, the strengthening of commercial banks acceptance of total control, we can really control the use of the instruments business enterprise credit. At the same time, bills discounted loans not included in business management, further defined the paper market as an important part of the money market position, the central bank through coordination of the paper market, open market operations strategy, and further play a role in the regulation rediscount, the better Play to the effectiveness of monetary policy.

Therefore, bills discounted loans not included in this type of change, "General Clauses loans," the amendment bills for the development of the market is far-reaching significance. However, to really on the paper market development and clean environment to play a catalytic role, but also rely on other means of supporting the use and support, including loans statistical standards and make the appropriate adjustments, the bank will collect the acceptance margin Excluding deposits. At the same time, commercial banks should adjust accordingly timely management ideas, explore the true nature of the instruments business operations, the establishment of an effective internal risk management measures, a fundamental market instruments to promote the healthy and sustained development.

Student Loan management approach

The first to support the development of education, accelerate personnel training, all commercial banks and urban and rural credit cooperatives (hereinafter referred to loans) are based on "loan General Clauses" self-determination for student loans.

Article 2 of student loans can be taken unsecured (credit) student loans and guarantees student loans.

Article 3 of the lender's colleges and universities in the time students (including specialist, undergraduate and postgraduate) (the borrowers) of unsecured (credit) student loans, their immediate family members, legal guardian (the borrowers) of unsecured (Credit) student loans and guarantees student loans.

Article IV of the colleges and universities in the time students apply for student loans must have the following basic requirements: admission ticket or a student ID card, valid identity card, while a classmate or a total of two teachers to provide proof of their identity.

Article 5 of time students apply for colleges and universities in the student loan borrowers fill in accordance with the provisions of the contract, after leaving school committed to provide loans to the work units and means of communication, commitment is not also a year overdue loans, not to be renewed, the lender may be in school Colleges and universities or related media published his name, identity card number, to query.

Article 6 of student loans does not exceed the maximum amount of students in reading during the school where the tuition fees and living expenses.

Article 7 of the student loan period is generally not more than eight years, whether the extension by the lenders and borrowers agreed.

Article 8 of student loan interest rates by the People's Bank of China provides loans with interest rates for the implementation, not as high.

Article 9 of student loan servicing to be flexible manner, prepayments, or with the benefit of this-or at the outstanding (year-on-year, quarterly or monthly), the specific manner by the lenders and borrowers agreed and Printed in the contract. The return of principal and interest of loans in advance, ahead of the return of part of the contractual rate and the actual use of time or interest can not be arranging the return of principal and interest loans, loans to people in accordance with the regulations of Faxi.

Article 10: Governments at all levels and all sectors of the community for borrowers to offer collateral or interest subsidies, and the discount percentage discount from the lender or the borrower of the schools and discount providers agreed.

Article 11 of the borrowers to abide by the credit, such as leaving school for various reasons, should take the initiative to inform people of their loans as means of communication and work units, repay the loan principal and interest on time.

Article 12 colleges and universities in the time students should apply for student loans and loans being paid to recover the management of student loans to assist. If the borrower in school during the transfer, leave, leave, go abroad, was expelled from the casualties, and so on, the borrower is obliged to promptly notify the school lender.

Article 13 of the lender under this approach to develop specific rules, improve services and strengthen the student loan payment and the resumption of the management and improve efficiency in the use of student loans.

"General Clauses loans," the proposed changes

People's Bank of the promulgation of the "loans General Clauses" the implementation of more than four years, to standardize the financial institutions of credit, guard against and defuse financial risks, according to the law protection of financial claims, has played a very big role. However, with the market economy continue to improve and perfect, many of the new content to add, modify value "loans General Clauses" machine, the special combination of practice, made the following recommendations for consideration by the relevant departments of reference:

First, the proposed amendments to the "loans General Clauses" in the name of the State Council to publish, so that it will become an administrative regulations. According to the provisions of the Supreme People's Court, "General Clauses loans" as administrative regulations in the financial dispute in the case only in the light of the effectiveness of the people's courts have decided whether to refer the power. Once the "loan General Clauses" as administrative rules and regulations, the people's courts in hearing cases of financial disputes must put it on as an effective basis, can maximize the protection of the legitimate rights and interests of financial institutions, effectively guard against and defuse financial risks.

Second, the people's trust by the head office had made a loan, but it does not have universal applicability. Proposals on the eligibility of clients (that is, units and individuals which can be used as loans client, enterprises should be excluded), the client's rights and obligations of the trustee (financial institutions) the rights and obligations, with the rights and obligations of funding, commissioned by the , Trustee and funded by the relationship between the handling of disputes and to make specific provisions to prevent clients from their own will should be the responsibility of the trustees to the detriment of the legitimate rights and interests of financial institutions.

Third, the proposed granting of financial institutions limit the interest immunity. "General Clauses loans" provided interest relief to be approved by the State Council, will own the truth, but in practice is not conducive to financial institutions Panhuo a large number of non-performing assets. To meet the conditions of the loan limit (usually belonging to non-performing loans), granted financial institutions must limit the interest immunity, is conducive to financial institutions, according to the actual situation flexibility, the maximum Panhuo funds. The proposed grant financial institutions interest receivable 5-20 percent of the interest immunity.

Fourth, a clear admission to loan-to-income to the effectiveness of loan-to-loan practices. Admission to loan-to-income, the loan-to-loan practices are prevalent in the financial institutions, in essence, is without prejudice to the state, the collective or the borrower's interests, Panhuo non-performing assets is one of the ways. But in judicial practice, a considerable part of people's courts for loans to interest rates, loan to loan-to-violation of financial laws and regulations of the reasons, the judgement against financial institutions, financial institutions undermined the legitimate claims. Admission to the proposed loan-to-income, the loan to loan-to-be certainly a positive act from the same time pay attention to coordination of financial institutions, the relationship between borrower and the guarantor, that is to guarantee the protection of the rights and the protection of the financial institutions lending claims.

Fifth, the deduction to act to make clear. Deduction to recover the loans of financial institutions is an effective way to the principal and interest, but in the judicial practice of the past, people's courts based on judicial interpretation of that deduction or violations, financial institutions, the return of judgement "illegal" to the loan principal and interest deduction, this judgement is not Reasonable, serious damage to the financial institution's legitimate rights and interests. According to the "Contract Law", a deduction to offset the exercise of the right of creditors a way, is a legitimate act. Proposal stipulates that financial institutions after the expiration of the loan has not been repaid, the borrower can, jointly and severally liable guarantor (the general sponsor may not take a deduction or measures) within the account money to be deducted.

6 At present, the state-owned and collective enterprises in the restructuring phase, but some local governments for local protection of improper purpose, instigation or help enterprises to take all measures Taofei financial institutions debt, and some local government creditors in enterprise restructuring provisions during the The debtor may not recourse debt, or even illegal and force the people's court shall not be admissible in restructuring enterprises as the defendant's case, the so-called debt Taofei the "restructuring" again after the completion of admissibility. These abnormal behavior, the claims of financial institutions caused tremendous threat, a direct bearing on the quality of assets of financial institutions and creditor of the loan guarantee issue, in fact relates to the financial order and stability of the financial risk of a major issue, the proposal on the protection of financial institutions Legal claims, to stop enterprises (especially the auspices of or participation in local government) Taofei financial claims of a practical requirement.

"General Clauses loans," the amendment relates to all aspects of technical and strong, the People's Bank for a full investigation and study, we have reason to believe that the revised "General Clauses loans" will be even more perfect, to a greater extent the protection of the legitimate financial institutions Rights and interests, safeguarding the stability of the financial order.

General Clauses will not lead to modify loan credit volatility

The draft is mainly related to the existing laws, regulations, internal regulations and practical experience in the collation and confirmed, the new "loans General Clauses", when implemented, should not the financial institution's credit operations of the impact of volatility

Recently, People's Bank of China and China Banking Regulatory Commission jointly issued the revised "General Clauses loans" (the draft). Overall, the draft is mainly related to the existing laws, regulations, internal regulations and practical experience in the collation and confirmed that the relevant laws and regulations clearer and more standardized and transparent, but also in part reflects the competent bodies of the current focus of concern . As major changes in existing laws and regulations are embodied in, so in the new "loans General Clauses", when implemented, should not the financial institution's credit operations of the impact of volatility.

Change is a matter of course a matter of

The current "loans General Clauses" in February 1996 by the People's Bank of China promulgated the same year beginning August 1 implementation date nearly eight-year history. During this period China's socialist market economic system gradually established, the legal system more complete, opening to the outside world is increasingly deepening. The current "loans General Clauses" has clearly not adapting the new situation, it is logical to modify things.

China in the past eight years, many of the existing "General Clauses loans" have an important influence. First of all, China promulgated new or revised some laws and has in fact changed the existing "loan General Clauses" a lot of content. For example, in March 1999 the National People's Congress adopted the "Contract Law", replacing the original "Economic Contract Law." "Contract Law" devoted a chapter of loan contracts, borrowers and lenders on the rights and obligations of both sides to do a relatively clear. As a lower legal status of the provisions of the existing "loan General Clauses" obviously be adjusted accordingly. Also in December 2003 the NPC revised the "People's Bank of China" and "Law on Commercial Banks", promulgated the "Banking Regulatory Act," which three legal restructuring of government departments in charge of the duties and loans actors The relationship between rights and obligations and, therefore, directly change the current "loans General Clauses" in some of the most basic elements.

Second, China in November 2001 formally joined the World Trade Organization and commitments in November 2006 before the full liberalization of foreign financial institutions financial business, and the existing "loan General Clauses" is not bound by foreign financial institutions loans, which means that in No foreign financial institutions on an equal legal environment for business and competition.

Third, the Chinese government departments have promulgated a number of management, have effectively amended the existing "loan General Clauses" of certain specific provisions. For example, China from 2002 onwards the full implementation of five loan classification system, and different types of risk loans from the reserve, completely abandoned the original four classification system, the definition of bad loans and prepare for the extraction principle.

Fourth, China's financial institutions, corporate governance mechanisms and risk management level has significantly improved, the current "loans General Clauses" A lot of banks involved in the internal management of specific issues by the competent departments have been inappropriate to specific provisions. Also approved by the competent departments, some financial institutions have been the pilot for the loan transfer, including the new loan business. These new services need to have clear rules to regulate.

Four Laws

All this indicates that the current "loans General Clauses" needs to do more adjustments. The current "loans General Clauses" Total Chapter 12, while the draft was reduced to Chapter 8, the number of words have greatly compressed. In the relevant laws and regulations have clear definitions and provisions of the draft are not doing repetitive narrative. Judging from the current published draft, mainly in the following several aspects of the changes:

First, authorities from the People's Bank of China, the CBRC and the People's Bank of China into the same agency. While the regulatory functions from the People's Bank separation, but as a lender of last resort, the People's Bank need to have the liquidity of financial institutions and the capacity to pay (in particular is the most important assets - the status of loans). In addition According to regulations, the People's Bank remains responsible for the financial institutions lending rate management.

Second, the scope expanded to almost all business loans of financial institutions. The current "loans General Clauses" applies only to Chinese-funded commercial financial institutions. The draft Basic Law stipulates that foreign financial institutions have to abide by the "loans General Clauses", domestic policy banks reference implementation.

Third, pay more attention to risk management of financial institutions rather than the specific mode of operation. The draft proposed loans of financial institutions should establish comprehensive credit lines, loans and liabilities of the period management, to calculate the borrower's cash flow, and other principles, and the existing "loan General Clauses" should be involved in many of the financial institutions themselves Identify the issues, such as the assessment of bad loans to affiliates indicators, the establishment of Shendai separation system, grading examination and approval system, credit system and work responsibilities outgoing audit system. The internal design of the banking system, the draft only two words summed up: the lender should be carefully implemented to the credit management system of effective authority; establish and improve loan quality supervision and early warning and control system.

Fourth, a number of specific provisions made corresponding adjustments, such as the implementation of five specific implementation of loan classification system and to encourage further breakdown abolition of the long-term loans is generally not more than 10 years and more than 10 departments in charge of loans to the filing , And the number of long-term loan period will be the major proportion of the assets and liabilities related bound specifically to natural persons eligible borrowers to make specific provisions, highlighted the importance of the personal loan business. According to the People's Bank statistics, in 2003 the new loans, individual consumption loans increased absolute amount second only to infrastructure loans, ranking second in the syndicated loans and loan transfer (sale) of these two is the rise of China to make business loans The requirement, according to my understanding, this is the first time on the transfer of business loans made clear provisions.

In addition with the existing "loan General Clauses" compared to the draft also increased the intensity of punishment, the penalty provisions in general, "the Law on Commercial Banks" have corresponding provisions.

"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.

"General Clauses loans" under the new financial horizon

Commercial banks known as the "Bible" of the "loans General Clauses", the amending of the spent such a long time » The long wait will give people a blueprint for how »

"General Clauses loans" and some existing laws and regulations conflict. For example, when the borrowers are domestic limited liability companies or joint-stock companies, loans to borrowers who have the right to advocate the rights of the company on the issue, as under the law of the "loans General Clauses" as the top law and the "Company Law" in the "Crash."

If it changes the direction of the compass, Columbus will sail another more fertile continent »
"This amendment is very bold, we have been looking forward to certain things from the unspoken words into text." Calls the character, a senior bank credit to the tone of Touzhe excited, "" loans General Clauses "of bank credit The work of the guidelines, it can be said that the banks now face even more open space for survival. "
The entry of the bank credit sector for almost 10 years, as an old credit, he witnessed a bank credit management system of several changes: from the earlier "Credit Management Ordinance", in 1996 promulgated the "loans General Clauses" Amended in 2000 to start "loan General Clauses", to April 6 this year, the central bank official with the China Banking Regulatory Commission jointly issued the "General Clauses loans," the draft…… Meanwhile, in 2002 he also participated in the Chengdu branch of the People's Bank of organizations "Loan General Clauses" amendment discussion.
However, despite the participation of a number of consultation work, but the face of this amendment has set the cancellation of four departments regulations, with many industry people, until April 6, he still think that the new "loan General Clauses" issued by the day Seems to be nowhere in sight.
Commercial banks known as the "Bible" of the "loans General Clauses", the amending of the spent such a long time » The long wait will give people a blueprint for how »

Year introduced the new General Clauses
April 7, is responsible for amending the "loans General Clauses" one of the main sectors of the central bank said the Secretary for financial markets, the new "loans General Clauses" This year will be officially promulgated, but it does not determine whether in the first half.
The people, "said General Clauses loans," the amendment as early as the late 1990s has already proposed, some formal change from 2000 onwards, which has sought formal and informal consultation in two stages.
From 2000 to 2003 in the first half, the People's Bank land have continued to commercial banks issued a revised version of informal questionnaires and modification in the banking industry to seek internal changes. Specifically, convened by the People's Bank of branches of commercial banks related departments to discuss "loans General Clauses" how to revise, and then summarized the views submitted to the reunification of the head office.
In response, the Chengdu Commercial Bank Credit Zhang Xiaoming, general manager of the Department of Management impressive: "People's Bank branch in Chengdu will be held to discuss the amendment I have participated in several times." Secretary for financial markets the central bank also confirmed that "in addition to the bank issued A revised version of the hands, we departments to "loan General Clauses" Laws can be said to be many, many times. "
Look back to see a revised version of previous years, many of the provisions of the changes is like triple jump, each time Yuechu a major step forward. As of 2003, February 11日下of the revised draft as an example, compared to the original "loan General Clauses", the revised version of the relaxation of the loans extended period, such as the long-term loans extended by the cumulative period of three years to five years to relax while in the year 4 On 6 of the revised draft, specific restrictions have been completely cancelled.
With the February 11, 2003, under the revised draft, prepared by the People's Bank of amending the questionnaire, a total of 21, many of which are the industry and academia have all controversial issues. For example, whether it is necessary to regulate foreign natural persons and legal persons in the territory of the borrower acts » The reality in many organs because of corporate functions as a reason for the borrower is a matter of fact, this was in line with norms »
In the extensive solicitation of opinions, a new revised draft clearly states: organs of legal persons and their branches shall not apply for a loan; foreign legal persons, other organizations or individuals to apply for loans, are not allowed to violate state foreign exchange control regulations.
September 17, 2003, the People's Bank official document in the form of several commercial banks issued the draft.
March 30 this year, the central bank in Guiyang, held a national work conference on monetary credit, Wu Xiaoling, vice president of the branch to meet requirements of the head office to "loan General Clauses" modification. The first time in a week, to the public for comments a revised version of the official release.
Solicit opinions from the bank to expand the scope to the public, this seems to mean that, after Grounding in the first five years, the new version of the revised version finally maturing.
A branch of the People's Bank of view of the Director of monetary credit, "General Clauses loans" such a long time to amend one of the reasons is that last year China Banking Regulatory Commission and Central Bank separation, and separate the functions of institutions are likely to affect the amendments. "Time, the central bank and some of the functions of the CBRC is not very clear, convergence and coordination will take time." He said.
Then, in this process, the revision of how the two departments conducted » After the management functions and how the distribution and coordination »
Secretary for financial markets the central bank to answer, "General Clauses loans," the amendment mainly by the Secretary for financial markets under the lead of the credit policy, and the Department of the CBRC to discuss policies and regulations, the final sign. Amendment, a China Banking Regulatory Commission regulation, two and three have made a lot of views.
He further explained that the "loans General Clauses" in some of the provisions involve both the People's Bank of China Banking Regulatory Commission and the management functions of the two departments, in particular the management of the future based on their respective functions and division of labour, little coordination difficult.

To be non -
And the time-consuming revision of the doubts Ruyingsuixing too long, the old "loans General Clauses" certain provisions of discontent.
"In recent years the pace of reform of financial institutions is very large, operation and management of loans have taken place in fundamental change, but" General Clauses loans "from 1996 on the promulgation of the not updated, as the banking sector and the Programme of Action of the criteria, it has to Non-time can not be changed. "A city commercial bank credit, the Department of Management official said.
The original "loan General Clauses" of the People's Bank in 1996 in the form of two orders issued from August 1, 1996 will go into effect. "At that time," General Clauses loans "as a new loan management guidelines, instead of the original obsolete" the credit management ", the credit management industry as a major progress." The City firm credit for memories.
However, as the situation changes in the financial markets, "General Clauses loans" was like a mill bad old times, those "outdated" and that the terms of a point Xiuban, gradually Xiaoshi its Guanghua.
Wuhan Branch of the People's Bank subsidiary to a branch, "said General Clauses loan" of some old, outdated financial management tools, in reality the Chiang Kai-shek gradually be eliminated, "now the business development has far exceeded the 1996 level, many new Emerging types of loans, such as cars, housing, education loans. But the "General Clauses" provisions of a single type of loan, the bank launched a new financial business subject to many restrictions. "
He also pointed out: "" General Clauses loans "provided by non-performing loans, 'the two spent more than a' standard division, has completely failed to keep pace with the CBRC and the People's Bank loans now vigorously promote the situation of a Category 5."
In order to change the rules alone, more daring proposal was on the table: the name of "loan General Clauses" Laws of the machine, improve its legal level.
Last year in March, the governor of the People's Bank Shanghai Branch, Hu Ping West NPC deputies put forward, "loans General Clauses", a departmental regulations, proceedings in cases involving only the light and not as a basis for law enforcement, law enforcement and not conducive to the respondent, Banks in the fight against malicious Tao Feizhai some enterprises when compared passive.
Hu also said that "loans General Clauses" and some existing laws and regulations conflict. For example, when the borrowers are domestic limited liability companies or joint-stock companies, loans to borrowers who have the right to advocate the rights of the company on the issue, as under the law of the "loans General Clauses" as the top law and the "Company Law" in the "Crash."
-- Consult the relevant departments at the central bank, a source, the central bank and the State Council Legislative Affairs Office has repeatedly explore the possibility of "loan General Clauses" rise to the law, now seems "likely, but require a longer time, mainly to See the State Council Legislative Affairs Office. "
To promote the "loans General Clauses" Another factor is the change, according to the People's Bank of the Chengdu branch of a person, when enacted, "General Clauses loans" by relying on the two main law - the "People's Bank of China" and "Law on Commercial Banks" Major changes have taken place in December 27 last year to amend passed, "" General Clauses loans "are the foundation for a change, only be amended as soon as possible with these basic match."

Asset securitization that broke »
The draft of the Gospel and not only here.
In recent years, the securitization of housing loans despite the hot topic of discussion all, it has no clear progress. On the one hand, the country 1.2 trillion in bank funds apply up to 10, 20 or even longer period of housing loans, banks look forward to the adoption of the securities, which will be part financed by the "stagnant water" into a "running water"; another On the one hand, the largest housing loan provider - the Construction Bank and Industrial and Commercial Bank of the mortgage securitisation programme has not been repeated regulatory approval, the securitization of credit assets in the country is still blank.
Many people believe that, to a large extent, depends on the situation changes when Jian Guanceng open the door to asset securitization.
The answer in "loans General Clauses" in the revised version. In Chapter VI "special provisions for loan management", the makers spent eight articles have taken the trouble to set out "the transfer of loans," the various problems involved.
Needs understood is that the "the transfer of loans," it includes securitization of credit assets of the meaning »
April 7, the reporters involved in an amendment to the Central Bank "loan General Clauses" of advice: "In addition to the transfer of loans that some banks now between the loan transfer, it also includes asset securitization» "
The official replied: "Rather, for asset securitization Huazuo a system of preparation, because of asset securitization is the basic core of the transfer of assets, it is rather special means of transfer and we hope that gradually establish a loan of two Markets for loans to flow. "
Revised draft also answered an endless disputes in the industry has been the key issue: the transfer of loans, whether this should also be credited to the assets on the balance sheet »
Housing Loan Bank is one of the best assets, non-performing loan ratio is very low, the banking diluted non-performing loan ratio of a weapon. Therefore, the Construction Bank and Industrial Bank after the programme, have taken will be after the securitization of the assets continue to remain on the table model.
However, people doubt that the two banks of the programme has repeatedly rejected the main reason for this is because Jian Guanceng hope that through the securitization of all the current methods will focus on the risks of banks distributed to investors, if the assets remain in the table, it is not The real risk of separation.
Now, given the choice of Jian Guanceng. "General Clauses loans," the draft will be divided into two loan transfer mode of operation: "retain the right of recourse" and "not to retain the right to recourse." And provides that: "transferee to retain the right of recourse loan transfer, the transferor should be recorded in the sheet."
"CCB within the envisaged establishment of the SPV, the loans will be sold is actually a department of internal and did not sell. Regardless of whether or not to retain right of recourse, the premise is to be sold." Above the central bank explained, "to the bank Said that reservations for the sale of non-recourse sale of real, should be documented in the table; does not retain the right of recourse is true sale, should be documented in the table. "

New question
"Some of the provisions of the design reflects the idea: to the bank more autonomy." Central bank to such a broad Jian Guanceng the revised thinking.
He referred to the abolition of restrictions on loan extension of the terms. The old "General Clauses loans" were provided for the short, medium and long-term loans extended period; revised version was replaced by: "loans were required to review loan extension for the assets conversion cycle reasons for the changes and the actual needs and adhere to the principle of prudent management , Rationally determine the loans extended period. "
In this connection, the aforementioned bank credit to agree with: "the ever-changing business conditions, industry downturn because of some temporary downturn, these companies also hope that across the board certainly unreasonable…… commercial banks is, after all, financial enterprises, is an independent The main players in the market, they should be given more autonomy. "
But the people are at the same time, the new revised version still has some of the missing.
"" Loans General Clauses "Why are only bound by borrowers and lenders, to let matters drift? Intermediary» "He had some puzzling," some accounting firms to assess the firm for the false report issued by enterprises, banks are issuing loans Deceived, the final loss is also banking. "
For example, he said, "Securities Act" on the intermediate structure of the irregularities established punitive measures. Such as the "Securities Law" Section 202 provides for the issuance of securities, or listed securities trading activities issued by the audit report, assets assessment report or legal opinions and other documents of the professional bodies, they should be responsible for the content of the fraud, the confiscation of illegal income , Punishable by five times the illegal income more than doubled following the penalty, by the relevant competent departments shall order the closure of the institution, the suspension of direct responsibility for the qualification certificates. Caused the loss, assume joint and several liability; constitute a crime, shall be held criminally accountable.
"Since the" Securities Act "can regulate intermediaries," General Clauses loans, "it can also be considered for inclusion in these elements» "He suggested that the Road.

Related

People's Bank of China, China Banking Regulatory Commission before the 1996 promulgation and implementation of the "loans General Clauses" was revised and the revised version of the open for comments.
According to the draft, in the Chinese territory in accordance with the law established by foreign financial institutions in issuing loans, must also comply with the General Clauses.
On the duration of loans and interest rates, the draft did not like the original General Clauses specific provisions, but rather a matter of principle provisions.
And General Clauses similar to the original, the draft stipulates that the borrower shall not be used for loans for use in equity investment, the loan as a registered capital, or capital increase registered capital verification Kuogu; shall not be used for stocks, futures, financial derivatives and other investment And so on.
For loans of audit responsibilities, the draft than the original General Clauses were thinning. According to the draft, the lender should the borrower 7 aspects of the review. These elements include: the borrower's financial position, cash flow and historical repayment records and other non-financial factors to assess the borrower's credit rating; guarantee the quality and legal effect; association of corporate loans, should be unified assessment review all related enterprises The assets and liabilities, financial situation, external security and related enterprises between the mutuality, and so on.
Compared with the original General Clauses, the draft law has greatly enhanced the responsibility of the punishment should be imposed. Not only will a fine of 5,000 yuan to 10,000 yuan to 100,000 yuan following more than 500,000 yuan the following, but also against borrowers and lenders violations, the specific provisions of the liability.