China Construction Bank acts as an agent for government departments, enterprises and institutions to entrust loan business.
product name
Acting as an agent for government departments, enterprises and institutions to entrust loan business.
Belonging bank
China construction bank
business introduction
Entrusted loans refer to loans provided by clients such as government departments, enterprises, institutions and individuals, and issued, supervised and recovered by lenders (that is, trustees) according to the loan object, purpose, term and interest rate determined by the clients. The lender (trustee) only charges the handling fee and does not bear the loan risk. China Construction Bank accepts the entrustment of government departments, enterprises and institutions, and handles entrusted loan business within the business scope stipulated in the Commercial Bank Law.
Interim Measures for the Administration of Entrusted Loan Business of China Construction Bank
(Jian zong fa [2000]No. 102? 10 2000 10 month
Chapter I General Provisions
Article 1 In order to standardize and strengthen the management of entrusted loan business of China Construction Bank, these Measures are formulated in accordance with the People's Republic of China (PRC) Commercial Bank Law, the People's Republic of China (PRC) Contract Law, the General Principles of Loans, and the Notice of the People's Bank of China on Relevant Issues Concerning Entrusted Loan Business of Commercial Banks.
Article 2 The entrusted loan handled by China Construction Bank refers to the loan which is funded by the principal and bears all the loan risks. China Construction Bank, as the trustee, issues, supervises the use and assists in recovery on behalf of the loan object, purpose, amount, term and interest rate determined by the client.
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Article 4 The Construction Bank shall collect handling fees when handling entrusted loan business and providing financial services to customers, and shall not advance entrusted loan funds and business tax payable by customers, nor shall it bear any loan risks.
Article 5 The entrusted loan business initiated by the branch of China Construction Bank shall be examined and approved by the head office or an authorized tier-one branch.
Article 6 When handling entrusted loan business, the branch of China Construction Bank shall file with the local people's bank.
Chapter II Acceptance and Examination and Approval
Article 7 All branches of China Construction Bank can accept entrusted loan business.
Article 8 The acceptance of entrusted loan business shall meet the following basic conditions:
1. The principal's capital source is reasonable;
2. The entrusted loan is used legally;
3. The entrusted loan interest rate and other requirements comply with the relevant provisions of the state.
Article 9 When accepting entrusted loan business, banks at all levels shall refer to the Entrusted Loan Agreement (see Annex 1) and the RMB Entrusted Loan Contract of China Construction Bank (see Annex 2) in accordance with the relevant provisions of the State and the Head Office, and report to the tier-one branch for examination and approval after consultation with customers. If the client is a central government department, or the entrusted business involves more than two tier-one branches, it shall be examined and approved by the head office.
Article 10 When examining and approving the application for entrusted loan business, the head office or tier-one branch shall determine the host bank if more than two handling banks are involved.
Article 11 The handling bank (involving two or more handling banks of the host bank) is responsible for signing the Entrusted Loan Agreement with the client according to the approval documents of the superior bank and handling all related matters.
Chapter III Distribution and Recovery
Article 12 The handling bank (the host bank) shall sign (or notify the handling bank and China Construction Bank) the RMB entrusted loan contract with the client and the borrower or both according to the Client's Notice of Entrusted Loan Issuance (see Annex 3).
Thirteenth before the issuance of entrusted loans, an account of entrusted loan funds should be established, and the loan issuance procedures can be handled only after the funds are in place.
Article 14 The business department shall, according to the entrusted loan funds in place and the signed entrusted loan contract, fill in the loan index notice, affix the special business seal and send it to the accounting department, and notify the borrower to handle the loan-to-deposit formalities. The accounting department shall, within the approved loan amount, issue and transfer loans according to regulations, and begin to calculate loan interest.
Article 15 During the execution of the entrusted loan, if the client notifies the interest rate adjustment in writing, the handling bank shall (or the host bank notifies the handling bank) make timely adjustment.
Article 16 The matters concerning the guarantee of entrusted loans shall be separately agreed by the trustor and the borrower.
Article 17 The handling bank shall, according to the repayment plan agreed in the entrusted loan contract, fill out the Notice of Overdue Loan before the loan expires and send it to the borrower, and send a copy to the client, so as to assist the client in the loan recovery work and urge the borrower to organize the repayment of funds.
Article 18 The handling bank shall, according to the agreement and accounting requirements, make timely and accurate transfer and accounting treatment of recovered funds. In accordance with the relevant provisions of the state, cooperate with the tax authorities to do a good job of withholding business tax and recovering interest on behalf of them.
Nineteenth overdue loans according to the contract or customer notice.
Article 20 For the loan granted by the client, a tripartite or bilateral entrusted loan extension agreement (see Annex 5) shall be signed with the borrower according to the Notice of Extension of Entrusted Loan (see Annex 4).
Article 21 The write-off of entrusted loans shall be handled according to the requirements notified by the entrusting party.
Chapter IV Work System
Twenty-second entrusted loans to implement the fund management system, in principle, the fund and loan households should be located in the handling bank at the same time. Entrusted loan funds do not bear interest. The loan shall not exceed the fund.
Article 23 A statistical system and an information feedback system shall be established, and banks at all levels shall timely and accurately report relevant business implementation and information as required.
Article 24 A business ledger system shall be established, and the handling bank shall timely and accurately register the business ledger of each business.
Twenty-fifth the establishment of the project file system, the handling bank shall timely collect and properly keep the project data, ensure the integrity of the project data, and timely file in accordance with the provisions.
Twenty-sixth conscientiously implement the agreement, improve the quality of service, the entrusted loan funds should be paid in full and on time, and strengthen the supervision and management of the use of funds.
Twenty-seventh entrusted loans accounting must be carried out in strict accordance with the relevant provisions, and ensure timely, true and accurate accounting.
Article 28 After the signing of the Entrusted Loan Agreement, the agreement shall be submitted to the approving bank for filing within 7 working days; After signing the entrusted loan contract of China Construction Bank, the original and duplicate of the contract shall be submitted to the client and the approving bank within 4 working days, and submitted to the host bank at the same time.
Chapter V Supplementary Provisions
Article 29 The Entrusted Loan Agreement and the RMB Entrusted Loan Contract of China Construction Bank attached to these Measures are standard text formats. If there are any changes or modifications in the implementation of these Measures, they shall be reported to the Head Office for approval.
Thirtieth these Measures do not include the entrusted loan business of policy housing, and the Interim Measures for the Administration of Policy Housing Credit Business of China Construction Bank shall prevail.
Thirty-first relevant personnel engaged in entrusted loan business, if there is any violation of the relevant provisions of these measures, shall be implemented in accordance with the Interim Measures of China Construction Bank on Handling Staff Violation of Financial Rules and Regulations.
Article 32 The head office of China Construction Bank shall be responsible for the interpretation of these Measures.
Article 33 These Measures shall come into force as of October 20th, 2000/KLOC-0.