The Measures do not set additional conditions for the application of specific personal loan business types, but pay attention to the monitoring and management of the whole process of loans, and do not raise the threshold for individuals to obtain loans, so it will not affect the access to credit. In terms of loan purposes, it is emphasized that loans without specific purposes should not be issued, and loan funds should be managed and controlled by means of entrusted payment by lenders or independent payment by borrowers. In fact, the current (2009) personal bulk consumer goods loans, such as mortgages and car loans, have been paid in accordance with this law in practice.
At the same time, the Measures fully consider the actual situation of personal financing transactions in China. Commercial banks can implement personalized management and formulate specific management rules and operational procedures according to relevant policy requirements. Therefore, not only will it not inhibit the reasonable growth of personal loan business of commercial banks, but the arrangement of personal loan payment methods in the Measures is more conducive to the safe use of personal loans, which will increase the confidence of loan demanders in using loans and promote and guarantee the development of personal loan business of commercial banks to a certain extent.
2. Real loan and actual payment monitoring purposes
The "Measures" implement the method of entrusted payment by the lender and independent payment by the borrower for personal loans, that is, "real loan and real payment". This can effectively monitor the use of loans according to the agreed purposes and prevent the risk of loan misappropriation; At the same time, it can prevent the occurrence of illegal behaviors such as "top name substitution" that harm the interests of borrowers and effectively protect the legitimate rights and interests of borrowers. Considering the complexity of the borrower's transaction object in personal loans, it is difficult to determine the specific transaction object in advance and the amount does not exceed 300,000 yuan. With the consent of the lender, the borrower can pay independently. For financial institutions, this will increase business operations and labor costs, but because it reduces the risk of loan misappropriation, it will ensure credit quality and improve comprehensive benefits.
3. Interview system to prevent risks
The practice of international personal loan business and the long-term practice of Chinese banks show that the interview system can effectively identify the identity of individual customers, investigate the credit status and repayment ability of borrowers, and effectively prevent personal loan risks. Therefore, the Measures further strengthen the link of loan investigation, put forward the specific requirements and methods of loan investigation, and stressed the need to establish and strictly implement the loan interview system to ensure the authenticity of loans, master the authenticity of borrowers' transactions, borrowing purposes, willingness and ability to repay, prevent the occurrence of false mortgage business, and ensure the quality of personal loans from the source.
4. Credit card overdraft is not applicable
According to the regulations of the China Banking Regulatory Commission, the Measures may not be implemented temporarily when banking financial institutions issue loans to farmers and auto financing companies issue personal loans; The Measures do not apply to credit card overdrafts.
The CBRC will give banking financial institutions a three-month preparation period, and urge them to formulate or modify their own management rules and operating procedures in accordance with the relevant requirements of the Measures to make preparations for implementation. 1. Specify the inapplicable business scope.
The Measures stipulate that banking financial institutions issue loans to farmers and auto financing companies issue personal loans, but these measures are not implemented for the time being; These measures are not applicable to credit card overdraft.
2. Give banking financial institutions a three-month preparation period.
The CBRC will urge banking financial institutions to formulate or modify their own management systems and operating procedures in accordance with the relevant requirements of the Measures and make preparations for implementation.
3. Closely follow the implementation of the measures.
After the implementation of the Measures, the CBRC will track the implementation of the Measures by banking financial institutions, take corresponding regulatory measures in time for existing problems, and effectively improve the personal loan management level of banking financial institutions.