1. Can the rural land contractual management right certificate be loaned?
1. According to the provisions of the Guiding Opinions on Launching the Pilot Project of Mortgage Loan for Rural Contracted Land Management Right and Farmers' Housing Property Rights issued by the State Council, the state has allowed it in policy, but the relevant laws have not been actually adjusted. Except for contracting rural land through bidding, auction and public consultation, mortgage cannot be handled.
2. Supreme Judicial Interpretation on Land Contract
Article 15 If a contractor mortgages or pays off debts with his land contractual management right, it shall be deemed invalid. If the party concerned is at fault for the losses thus caused, it shall bear corresponding civil liabilities.
Rural Land Contract Law
Article 49 If rural land is contracted by means of bidding, auction and public consultation, and the certificate of land contractual management right or forest right certificate is obtained through legal registration, the land contractual management right can be transferred by means of transfer, lease, shareholding, mortgage or other means according to law.
second, can rural land transfer be loaned?
it is a written commitment that the borrower needs to legally obtain the right to operate the land circulation, and obtain the rural land circulation management certificate according to law, and obtain the consent of the employer (i.e. the village economic cooperative or the stock economic cooperative) and the outflow party to mortgage, and the financial institution can dispose of the mortgaged land circulation management right when the loan cannot be repaid. The land used for mortgage needs to be agricultural land with a certain production scale and sustainable production capacity and other rural land that meets the mortgage conditions, and it is operated according to law and has not changed its agricultural use. It is understood that compared with other loans, there are mainly three personalized materials to be provided for mortgage loans of rural land circulation management rights: proof materials of land circulation management rights, including rural land circulation contracts and rural land circulation management warrants; Explanatory data on the above-ground (including underground) attachments; Written evidence that the employer and the outflow party agree to mortgage and agree to the disposal of collateral by financial institutions. After the borrower and lender sign the mortgage loan contract, they need to go through the mortgage registration formalities at the county agricultural office. After the financial institution obtains the Certificate of Other Rights of Rural Land Circulation Management, they can issue loans according to the loan contract. In addition, in order to encourage financial institutions to support the development of agricultural production and management entities, Chun 'an County Finance will also reward rural land circulation management rights mortgage loans issued by financial institutions.
third, can the rural land contractual management right certificate be loaned?
the rural land contractual management right certificate can be loaned. Not all the land contractual management rights can be mortgaged, and the land can only be mortgaged if it meets the following conditions: 1. It can only be used for contracting rural land such as barren hills, gullies, hills and beaches that are not suitable for household contracting; 2, through bidding, auction, public consultation and other ways to contract the rural land, and has been registered in accordance with the law to obtain the certificate of land contractual management right or forest right certificate; 3. The contractor has been clearly informed of the mortgage of the contracted land. Beyond the above scope, for example, it is invalid to mortgage the land contractual management right of contracted farmland, and it will not get support; 4, the parties have full capacity for civil conduct, no bad credit record; 5. There is no dispute over the ownership of the contracted land used for mortgage. Legal basis: Article 399 of the Civil Code of the People's Republic of China: (1) Land ownership; (two) the right to use collectively owned land such as homestead, private plots and private hills, except those that can be mortgaged according to the law; (3) Educational facilities, medical and health facilities and other public welfare facilities of non-profit legal persons established for public welfare purposes such as schools, kindergartens and medical institutions; (4) Property whose ownership and right to use are unknown or controversial; (5) Property that has been sealed up, detained or supervised according to law; (6) Other properties that may not be mortgaged according to laws and administrative regulations.
IV. Can the rural land contractual management right certificate be used as a mortgage loan?
Now, please consult the local agricultural or financial authorities for specific implementation.
recently, the people's bank of China, together with relevant departments, jointly issued the rural contract law and the interim measures for the pilot of mortgage loans for farmers' housing property rights, in order to implement the requirements of the guiding opinions on the pilot of mortgage loans for farmers' management rights and housing property rights (No.45) and steadily standardize the pilot of mortgage loans for rural areas according to law. The "two methods" clearly defined the loan object, loan management, risk compensation, supporting measures, institutions, pilot areas and rights. The "two methods" emphasized that banking financial institutions should reasonably and independently determine the loan mortgage rate, quota, term and interest rate, simplify loan procedures and strengthen loan risk control. The "two rights" mortgage loan that the borrower is required to obtain should be mainly used for legal purposes recognized by the lender such as agricultural production and operation. The governments in the pilot areas should solidly promote the registration and certification of ownership, the construction of a circulation trading platform, the evaluation of value, the disposal of collateral and other supporting work, and provide basic support for the rural "two rights" mortgage loan pilot. Relevant government departments should strengthen coordination and cooperation, rely on the actual division of responsibilities, and do a solid job in the implementation, follow-up guidance and evaluation summary of the pilot organization.
the "two measures" require that the pilot should be carried out in a safe and standardized manner according to law to protect the legitimate rights and interests of farmers. The Interim Measures for the Pilot Project of Mortgage Loan for the Management Right of Rural Contracted Land requires that the nature of public ownership should not be changed, the red line of cultivated land should not be broken, the ownership of the land should not be disputed, and the remaining years of farmers' contracted land should not be exceeded. The Interim Measures for the Pilot Project of Mortgage Loan for Farmers' Housing Property Rights clearly stipulates that borrowers should have other long-term stable living places and obtain the written consent of collective economic organizations, and financial institutions should ensure farmers' basic right to live when disposing of collateral. The "two measures" encourage local government departments to establish loan risk compensation and mitigation mechanisms through various means such as interest subsidies, risk compensation funds and guarantee companies to ensure the smooth operation of the pilot.