Interim Measures for the Administration of Fixed Assets Loans Chapter I General Provisions Article 1 These Measures are formulated in accordance with the Banking Supervision Law of the People's Republic of China, the Law of People's Republic of China (PRC) Commercial Bank and other laws and regulations in order to standardize the operation behavior of fixed assets loans of banking financial institutions, strengthen the prudent management of fixed assets loans and promote the healthy development of fixed assets loans. Article 2 Banking financial institutions (hereinafter referred to as lenders) established within the territory of People's Republic of China (PRC) with the approval of the State Council Banking Regulatory Authority shall abide by these Measures when engaging in fixed assets loan business. Article 3 The term "fixed assets loan" as mentioned in these Measures refers to the local and foreign currency loans issued by the lender to enterprises (institutions), legal persons or other organizations that can be used as borrowers as stipulated by the state for the borrower's investment in fixed assets. Article 4 Lenders shall follow the principles of compliance with laws, prudent operation, equality, voluntariness, fairness and good faith when conducting fixed asset loan business. Article 5 Lenders shall improve the internal control mechanism, implement the whole process management of loans, fully understand the information of customers and projects, establish a risk management system for fixed assets loans and an effective post balance mechanism, assign the responsibilities of all aspects of loan management to specific departments and posts, and establish a post assessment and accountability mechanism. Article 6 The lender shall bring the fixed assets loan into the unified credit line management of the borrower and the group customers to which the borrower belongs, and establish the risk limit management system of the fixed assets loan according to the dimensions of region, industry and loan type. Article 7 The lender shall agree with the borrower on a clear and legal purpose of the loan, and inspect and supervise the use of the loan according to the agreement to prevent the loan from being misappropriated. Article 8 Banking supervision institutions shall supervise and manage the fixed asset loan business of lenders in accordance with these Measures. Chapter II Acceptance and Investigation Article 9 An application for a fixed asset loan accepted by a lender shall meet the following conditions: (1) The borrower has been approved and registered by the administrative department for industry and commerce or the competent authority according to law; (2) The borrower's credit status is good and there is no significant bad record; (3) If the borrower is a newly established project legal person, its controlling shareholder has a good credit status and no major bad record; (four) the state has the qualification requirements for the investment subject and business qualification requirements that meet the requirements of the proposed investment project; (five) the purpose of the loan and the source of repayment are clear and legal; (six) the project conforms to the relevant national policies on industry, land and environmental protection, and has fulfilled the statutory management procedures for fixed assets investment projects according to regulations; (seven) in line with the provisions of the state on the capital system of investment projects; (8) Other conditions required by the lender. Article 10 The lender shall require the borrower to provide the form and specific contents of the application materials, and require the borrower to follow the principle of honesty and trustworthiness and promise that the materials provided are true, complete and effective. Article 11 The lender shall implement the specific responsible departments and posts, conduct due diligence and form a written report. The main contents of due diligence include: (1) information of borrowers, project sponsors and other related parties; (two) the situation of the loan project; (3) loan guarantee; (4) Other contents that need to be investigated. The due diligence personnel shall ensure the authenticity, completeness and validity of the contents of the due diligence report. Chapter III Risk Assessment and Approval Article 12 The lender shall identify the specific responsible departments and posts, conduct a comprehensive risk assessment of fixed assets loans, and form a risk assessment report. Article 13 Lenders shall establish and improve the risk assessment system for fixed assets loans, set quantitative or qualitative indicators and standards, and conduct loan risk assessment from the perspectives of borrowers, project sponsors, project compliance, project technical and financial feasibility, project product market, project financing scheme, repayment source reliability, guarantee and insurance. Article 14 Lenders shall, in accordance with the principle of separating loan review from grading approval, standardize the approval process of fixed assets loans, clarify the approval authority of loans, and ensure that the approving personnel independently approve loans according to the authorization. Chapter IV Signing of Contracts Article 15 A lender shall sign a written loan contract, guarantee contract and other relevant contracts with the borrower and other relevant parties. The rights, obligations and liabilities for breach of contract of each party shall be specified in detail in the contract to avoid that important matters are not agreed, unclear or invalid. Article 16 The lender shall agree with the borrower in this contract on the specific loan amount, term, interest rate, purpose, payment method, repayment guarantee, risk disposal and other related details. Article 17 The lender shall agree with the borrower in this contract on the withdrawal conditions, the payment of loan funds managed and controlled by the lender and other terms related to the purpose of the loan. The withdrawal conditions should include the requirements that all the capital in the same proportion as the loan has been put in place, and the actual progress of the project matches the investment amount. Article 18 The lender shall stipulate in the contract to monitor the relevant accounts of the borrower, and may stipulate a special loan issuing account and repayment reserve account when necessary. Article 19 The lender shall require the borrower to make a commitment to the important contents related to the loan in the contract, including: the loan project and its borrowing items meet the requirements of laws and regulations; Provide complete, true and effective information to the lender in time; Cooperate with the lender to check the loan situation; Inform the lender of any major adverse events that affect its solvency in time; Obtain the consent of the lender before major events such as merger, division, equity transfer, foreign investment and substantial increase in debt financing occur. Article 20 The lender shall stipulate in the contract with the borrower the liabilities for breach of contract that the borrower shall bear and the measures that the lender can take when the borrower fails to use the loan for the agreed purpose, the loan funds in the agreed way, the commitments, the information in the loan application documents is distorted and the agreed financial indicators are exceeded. Chapter V Issuance and Payment Article 21 The lender shall set up an independent responsible department or post to be responsible for loan issuance and payment review. Article 22 Before granting a loan, the lender shall confirm that the borrower meets the withdrawal conditions agreed in this contract, manage and control the payment of loan funds in the manner agreed in this contract, and supervise the use of loan funds according to the agreed purposes. Article 23 If there is a special loan granting account as stipulated in this contract, the loan granting and payment shall be handled through this account. Article 24 The lender shall manage and control the payment of loan funds by means of entrusted payment by the lender or independent payment by the borrower. Entrusted payment by the lender means that the lender pays the loan funds to the borrower's counterparty 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 counterparty that meets the purpose agreed in the contract. Article 25 The lender shall entrust a loan fund with a single amount exceeding 5% of the total investment of the project or exceeding 5 million yuan. Article 26 If the lender entrusts the payment, the lender shall check whether the relevant transaction information of the borrower meets the conditions agreed in this contract before releasing the loan funds. After the lender approves the loan, it will pay the loan funds to the borrower's counterparty through the borrower's account and record the relevant details. Article 27 If the borrower pays by himself, the lender shall require the borrower to regularly summarize and report the payment of loan funds, and verify whether the loan payment meets the agreed purpose through account analysis, voucher inspection and on-site investigation. Article 28 When issuing and paying fixed assets loans, the lender shall confirm that the project capital with the same proportion as the loans to be issued has been fully paid in place and used together with the loans. Article 29 In the process of loan issuance and payment, if the borrower has any of the following circumstances, the lender shall negotiate with the borrower to supplement the conditions for loan issuance and payment, or stop the issuance and payment of loan funds according to the contract: (1) the credit status declines; (2) Failing to pay the loan funds as agreed in the contract; (3) The progress of the project lags behind the progress of the use of funds; (four) in violation of the contract, to avoid the entrusted payment of the lender. Chapter VI Post-loan Management Article 30 The lender shall regularly inspect and analyze the performance and credit status of the borrower and the project organizer, the construction and operation of the project, macroeconomic changes and market fluctuations, and changes in loan guarantees, and establish a loan quality monitoring system and a loan risk early warning system. In the event of adverse circumstances that may affect the safety of the loan, the lender should re-evaluate the loan risk and take targeted measures. Article 31 If the actual investment amount of the project exceeds the original investment amount, and the lender decides to increase the loan after re-risk assessment and examination and approval, it shall require the project sponsor to add an investment not less than the proportion of the project capital and the corresponding guarantee. Article 32 The lender shall establish a post-loan dynamic monitoring and revaluation system for the value of the collateral and the guarantee ability of the guarantor. Article 33 Lenders shall dynamically monitor the income and cash flow of fixed assets investment projects and the overall cash flow of borrowers, find out the causes of abnormal situations in time and take corresponding measures. Article 34 Where the contract stipulates the establishment of a special account for repayment reserve, the lender shall, in accordance with the contract, require the proportion of fixed assets investment projects entering the account or the income and cash flow of the borrower and the average stock of funds in the account. Article 35 If the borrower breaches the contract, the lender shall take effective measures in time and investigate the borrower's liability for breach of contract according to law when necessary. Thirty-sixth non-performing loans formed by fixed assets loans, lenders should carry out special management, and timely formulate measures to recover or revitalize. If the borrower fails to repay the loan principal and interest on schedule due to temporary operational difficulties, the lender may negotiate with the borrower to restructure the loan. Article 37 For the non-performing loans of fixed assets that are truly irrecoverable, the lender shall, after writing them off in accordance with relevant regulations, continue to recover from the debtor or conduct market-oriented disposal. Chapter VII Legal Liability Article 38 Where a lender engages in fixed assets loan business in violation of the provisions of these Measures, the banking regulatory institution shall order it to make corrections within a time limit. Under any of the following circumstances, the banking regulatory institution may take regulatory measures according to Article 37 of the Banking Supervision Law of the People's Republic of China: (1) The business process of fixed assets loan is defective; (two) failing to implement the responsibility of each link of loan management to specific departments and posts according to the requirements of these measures; (3) Due diligence on loan investigation and risk assessment; (four) failing to continuously and effectively monitor the borrower and the operation of the project according to the provisions of these measures; (5) The borrower fails to take effective measures in time when it breaches the contract. Article 39 Where a lender is under any of the following circumstances, the banking regulatory institution may, in addition to taking regulatory measures in accordance with the provisions of Article 38 of these Measures, impose penalties in accordance with the provisions of Articles 46 and 48 of the Banking Supervision Law of the People's Republic of China: (1) Accepting unqualified applications for fixed assets loans and issuing loans; (two) in collusion with the borrower, illegally issuing fixed assets loans; (three) beyond, disguised beyond the authority or not according to the prescribed procedures for the examination and approval of loans; (four) did not sign a loan agreement according to the provisions of these measures; (five) before the loan is issued, the project capital is the same as the loan in place; (six) failing to manage and control the payment of loan funds in accordance with the provisions of these measures; (seven) there are other serious violations of the provisions of these measures. Chapter VIII Supplementary Provisions Article 40 Loans of fixed assets pledged with full margin shall be implemented with reference to these Measures. Article 41 Lenders shall formulate detailed fixed asset loan management systems and operating procedures in accordance with these Measures. Article 42 The China Banking Regulatory Commission shall be responsible for the interpretation of these Measures. Article 43 These Measures shall come into force three months after the date of promulgation.
Second, is it necessary for banks to entrust loans with a quota of more than 5 million?
The People's Bank of China has such a regulation that corporate loans of more than 5 million yuan need to be paid by entrustment.
3. Is it necessary for the bank to entrust a loan with the amount exceeding 5 million?
For reference: enterprises
Entrusted loans should be paid by entrustment.
Five-color soil, a large number of transferable assets supported by five types of real estate rights, with a term of one year and a benchmark rate of return of10% per year;
Annual rate of return of enterprises 10%- 15%, quarterly.
In the real estate registration authority, the borrower directly mortgages the real estate to the investor's name, and the mortgage ratio is about 50% (such as120,000 or so). The biggest risk is that house prices will plummet by 50%.
Wuse soil, the first mortgage loan company in China.
Wuse Tu, the first financial service trademark in China, obtained the trademark registration certificate in 2004.
Five-color soil, the first mortgage loan in China, has five "W" risk analysis methods, "3a" risk rating system and "3A" risk hedging assets.
Wuse Soil, the best mortgage service institution in Shanghai, won the 9th and 10th Shanghai Financial Exposition on 20 1 1 and 20 12.
4. What loans need to be paid by entrustment?
Loans with a single loan fund exceeding 5% of the total investment of the project or exceeding 5 million yuan need to be entrusted for payment.
Entrusted payment is a payment method of loan funds, which means that the lender (a legally established banking financial institution) pays the loan funds to the borrower's transaction object according to the borrower's withdrawal application and payment entrustment, so as to reduce the risk of loan misappropriation.