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Is it legal to transfer development loans from general contractors to developers?
It is illegal to transfer the loan back to a third party. It is a typical entrusted loan payment problem to transfer the loan back to the third party. Entrusted payment of loans is not only a requirement of banks, but also a requirement of CBRC, that is, after the loan reaches a certain amount, the bank will not transfer the loan to the borrower, but will transfer the loan funds to the supplier account provided by the borrower according to the entrustment of the borrower. The supplier has signed a purchase and sale contract with the borrower before (that is, the entrusted payment document), and the contract content is that the borrower purchases goods or services from the supplier. The purpose of doing this is to prevent the borrower from misappropriating the loan and causing capital risks.

legal ground

Article 24 of the Interim Measures for the Administration of Working Capital Loans: Before granting loans, the lender shall confirm that the borrower meets the withdrawal conditions agreed in this contract; And in accordance with the contract, manage and control the payment of loan funds in the form of entrusted payment by the lender or independent payment by the borrower, and supervise the use of loan funds according to the agreed purposes. Entrusted payment by the lender means that the lender pays the loan through the borrower's account to the borrower's transaction object that meets the purpose agreed in this contract according to the borrower's withdrawal application and payment entrustment. The borrower's independent payment means that the lender pays the loan funds to the borrower's account according to the borrower's withdrawal application, and then the borrower pays it to the borrower's transaction object that meets the purpose agreed in the contract.