Legal analysis: CBRC stipulates four conditions for borrowing the new and returning the old. If the loan expires (including after extension) and the new loan is used to repay part or all of the original loan, the non-performing loan shall be determined according to the borrower's actual repayment ability. If the following four conditions are met at the same time, it should be classified as a normal loan: (1) the borrower's production and business activities are normal and he can pay interest on time; (2) Re-apply for loan procedures; (3) The loan guarantee is valid; (4) It is a revolving loan. Legal basis: Provisions on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases Article 1 The term "private lending" as mentioned in these Provisions refers to the financing behavior among natural persons, legal persons and unincorporated organizations. These Provisions shall not apply to financial institutions and their branches established with the approval of the financial supervision department and engaged in loan business, which are triggered by the issuance of loans and other related financial businesses. Article 2 When a lender brings a private lending lawsuit to the people's court, it shall provide creditor's rights certificates such as IOUs, receipts, IOUs, and other evidence that can prove the existence of the legal relationship between lending and borrowing. If the creditor's rights certificate such as IOUs, receipts and IOUs held by the parties does not specify the creditor, and the party holding the creditor's rights certificate brings a private lending lawsuit, the people's court shall accept it. The defendant raised a factual defense against the plaintiff's creditor qualification, and the people's court ruled that the plaintiff did not have the creditor qualification after examination, and rejected it. Article 24 If the borrower and the lender have not agreed on interest, and the lender claims to pay interest, the people will not support it. The interest agreement between natural persons is not clear, and if the lender advocates paying interest, the people will not support it. Except for the loan between natural persons, if the agreement on the loan interest between the borrower and the lender is unclear, and the lender claims interest, the people shall determine the interest according to the contents of the private loan contract and the local or the parties' trading methods, trading habits, market quotation and other factors. Article 25 If the lender requires the borrower to pay interest at the interest rate agreed in the contract, the people shall support it, except that the interest rate agreed by both parties exceeds four times the listed interest rate in the one-year loan market at the time of the establishment of the contract. The "one-year loan market quotation" mentioned in the preceding paragraph refers to the one-year loan market quotation issued monthly by the National Interbank Funding Center authorized by the People's Bank of China from August 20th, 20th, 20th19th.

Two. Management measures for borrowing new and returning old

Interim measures for the determination of non-performing loans

Article 9 If the loan is not returned after the maturity (including the extension) and is used to repay part or all of the original loan again, the non-performing loan shall be determined according to the borrower's actual repayment ability. If the following four conditions are met at the same time, it is a normal loan:

(a) the borrower's production and business activities are normal and can pay interest on time;

(2) Re-apply for loan procedures;

(3) The loan guarantee is valid;

(4) It is a revolving loan.

Three. Management measures for borrowing new and returning old

Legal analysis: CBRC stipulates four conditions for borrowing the new and returning the old. If the loan is not returned after the maturity (including extension) and the original loan is borrowed again, the non-performing loan shall be determined according to the borrower's actual repayment ability. Those who meet the following four conditions at the same time should be classified as normal loan business activities and can pay interest on time; (2) Re-apply for loan procedures; (3) The loan guarantee is valid; (4) It is a revolving loan.

Provisions on several issues concerning the application of law in handling legal loan cases.

Article 1 The term "non-governmental lending" as mentioned in these Provisions refers to financial institutions and their branches engaged in loan business established between natural persons, legal persons and unincorporated organizations with the approval of financial supervision departments. These Provisions are not applicable to non-governmental lending caused by loans and other related financial businesses.

Article 2 When a lawsuit is filed, creditor's rights certificates such as IOUs, receipts, IOUs and other evidence that can prove the loan shall be provided. The people shall accept the bills and receipts held by the parties concerned, and the parties holding the creditor's rights certificates file a private lending lawsuit. The defendant raised a factual defense against the plaintiff's creditor qualification, and the people's court ruled that it was rejected after hearing.

Article 24 If the borrower and the lender have not agreed on interest, and the lender claims to pay interest, the people will not support it. Lending between natural persons does not support those whose interests are not clearly defined. Except for the loan between natural persons, if the agreement between the borrower and the lender on the loan interest is not clear, and the lender claims the interest, the people should determine it according to the local or the parties' trading methods, trading habits, market quotation and other factors in combination with the contents of the private lending contract.

Article 25 If the lender requires the borrower to pay interest at the interest rate agreed in the contract, the people shall support it, but the interest rate agreed by both parties exceeds the one-year loan market when the contract is established. The "one-year loan market quotation" mentioned in the preceding paragraph refers to the one-year loan market quotation issued monthly by the National Interbank Funding Center authorized by the People's Bank of China from August 20th, 20th, 20th19th.

4. Borrow the new and return the old and latest regulations?

1.

Repaying the loan by loan (or borrowing the new to repay the old) means that the borrower borrows from the bank to pay off the previous loan owed to the same bank. The new loan contract only changes the loan term and other contract terms in the original loan contract, and cannot be regarded as the fictitious loan purpose of the new loan contract and the falsehood of the expression of both parties' intentions. This behavior did not violate the provisions of People's Republic of China (PRC) Commercial Bank Law, General Rules of Loans and other relevant financial laws, administrative regulations and rules. Therefore, the loan contract of' repaying the loan by loan' should be valid.

2.

This regulation shows that the financial supervision institution recognizes the business of "borrowing new and returning old" of commercial banks, which makes "borrowing new and returning old" have policy guarantee in actual operation. Since then, Article 39 of the Interpretation of the Guarantee Law promulgated by the Supreme Court in 2000 stipulates that "if the parties to the main contract agree to repay the old loan with the new loan, the guarantor shall not bear civil liability, except what the guarantor knows or should know. If the new loan and the old loan are the same guarantor, the provisions of the preceding paragraph shall not apply. " The foothold of this provision lies in the determination of guarantee liability, but it also shows the tendentious attitude of judicial organs to determine the behavior of repaying old loans with new ones.