Not the same, borrowing the new and returning the old is actually to continue lending with a new eye, so that you don't have to pay back the full amount (saving customers long-term high interest rates). Loan restructuring is to rearrange the repayment structure at a certain point, such as 5 years, 20% per year. After 1 year, it was reorganized into 10% in the last three years and 50% in the last year.
Legal basis:
The Supreme People's Court's Opinions on People's Trial of Lending Cases
Article 6 The interest rate of private lending may be appropriately higher than the bank's interest rate, which shall be specifically grasped by local people according to the actual situation in the region, but the maximum interest rate shall not exceed 4 times that of similar bank loans (including the principal interest rate). Beyond this limit, the excess interest will not be protected.
Article 10 A loan relationship formed by one party against its true meaning by means of fraud, coercion or taking advantage of others' danger shall be deemed invalid.
Article 11 The lender knows that the borrower borrows money to engage in illegal activities, and its lending relationship is not protected. Article 13 stipulates that in the loan relationship, the person who only plays the role of contact and introduction does not assume the guarantee responsibility. If there is a real intention to guarantee the performance of the debt, it shall be recognized as a guarantor and bear the guarantee responsibility.
What does the loan restructuring agreement fee mean?
The loan restructuring agreement fee refers to the fee charged in the process of adjusting the inability to repay. Restructuring loan refers to the loan that the bank makes concessions to the repayment terms of the original loan contract because of the borrower's financial situation deterioration or inability to repay. Handling fees are expenses incurred in the course of handling affairs. The word procedure is interpreted as the procedure of doing things. Such as loan procedures, transfer procedures, securities trading procedures and so on.
Basic principles of personal loan issuance and restructuring
The basic principles of personal loan extension and restructuring include effective restructuring principle, standardized operation principle and appropriate concession principle. If the loan cannot be repaid on schedule, the borrower shall apply to the lender for loan extension before the loan maturity date. Whether the extension is decided by the lender. When applying for secured loan, mortgage loan or extension, the guarantor, mortgagor and pledger shall also issue a written consent certificate.
First, the basic principles of personal loan extension and restructuring
1. Effective restructuring principle: loan restructuring can play a positive role in reducing credit risk and loan loss.
2. Standardized operation principle: loan restructuring must be operated and approved in strict accordance with the prescribed conditions and procedures.
3. The principle of appropriate preferential treatment: the loan restructuring can implement certain preferential treatment within the scope permitted by the policy, so as to facilitate the loan recovery.
Second, the loan extension.
It means that the loan cannot be repaid at maturity, and the formalities for extending the repayment time are approved. It is a credit principle that enterprises must abide by, and it is also a prerequisite for banks to speed up credit supply. If the enterprise fails to repay the loan on schedule due to special circumstances, it shall apply and explain the situation. After the approval of the bank, the repayment time can be extended, but the repayment procedures need to be handled again, otherwise it will be treated as overdue loans. When applying for extending the secured loan, it shall also issue a written certificate that the loan guarantor agrees to extend the loan and continue to guarantee it. The loan extension period shall not be lower than the original loan conditions. The extension of short-term loans shall not exceed the original loan term; The extension of medium-term loans shall not exceed half of the original loan term; The longest extension of long-term loans shall not exceed 3 years. If the customer fails to apply for extension or the extension application is not approved, the loan will be transferred to the overdue loan account from the day after the maturity date.
To sum up, in February 20 10, the personal loan extension period within one year stipulated in the Interim Measures for the Administration of Personal Loans issued by the CBRC shall not exceed the original loan period, and the personal loan extension period of more than one year shall not exceed the longest loan period stipulated by the loan variety.
What does loan restructuring mean?
Loan restructuring (full name restructuring loan) refers to the loan that the bank adjusts the repayment terms of the loan contract because of the borrower's financial situation deterioration or inability to repay.
In the process of the reform of state-owned enterprises, the adjustment of economic structure and the resolution of financial risks, restructuring loans has become a hot topic. Restructuring loan is actually a special form of debt restructuring between loan banks and borrowers. It refers to the behavior that the loan bank makes some concessions and agrees to modify the repayment conditions according to the agreement or ruling reached with the borrower because the borrower's financial situation deteriorates and he is unable to repay the due loan principal and interest.
In the fierce market economy competition, some enterprises have reduced their profitability or even incurred operating losses due to poor management or adverse factors such as external economic, financial, social and legal environment, and it is difficult to repay the principal and interest of loans due on time. According to China's current laws, loan banks have the right to apply to borrowers for mortgage or bankruptcy to pay off debts, which is a prerequisite for the emergence of restructured loans.
In most cases, the lending bank knows that it is not good for it to apply for enforcement of the borrower's collateral or bankruptcy. First of all, it is difficult to realize the collateral, and it is difficult to estimate the realization cost and value loss discount. Even if the borrower enters bankruptcy proceedings, it will consume a lot of manpower, material resources and financial resources because of high litigation cost, long liquidation time, complicated process and difficult implementation, and it will be impossible to recover the loan principal and interest in full. For the purpose of preserving assets, lending banks often agree to make partial concessions in order to maximize the protection of creditor's rights, control risks and reduce losses.
In a certain period of time, in order to adjust the economic structure, reduce the burden on enterprises, promote economic growth, and at the same time, in order to maintain social stability and avoid intensification of contradictions, especially from the perspective of protecting local economic interests, local governments often take the lead in organizing enterprises to restructure their debts and do work for banks. The borrower's superior department usually applies for external rectification to facilitate the borrower to reach a settlement agreement with the lending bank. Due to the influence of policy orientation and the limitation of business environment, banks have to sacrifice local interests, resulting in a large number of restructuring loans. The most typical case is the "share reform" implemented in many places in the previous stage.
Commercial bank loan restructuring methods do not include
The loan restructuring method of commercial banks does not include bankruptcy liquidation. According to relevant information, there are six main ways of loan restructuring of commercial banks: changing guarantee conditions, adjusting repayment period, adjusting interest rate, changing borrowing enterprises, debt-for-equity swap, and paying debts with assets, excluding bankruptcy liquidation.