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Are loan account number and contract account the same thing?

1. Are loan account and contract account the same thing?

Answer: No.

The loan account number refers to the personal bank account issued to the bank when applying for a loan. The loan contract number refers to the number printed on the loan contract. When applying for a bank loan, in addition to a series of materials provided by the lender to the bank, a personal bank account must be issued to receive the loan and repay the loan.

If it is a home purchase loan, the loan account number is mainly used to repay the loan and interest. But if you apply for a personal loan, the loan account number is not only used for repayment, but also for receiving the loan.

2. The difference between lenders and borrowers

Lender (lending) and borrower (borrowing).

3. What is a lender and what is the difference between it and a borrower?

In the lending relationship between enterprises and individuals and banks, the bank’s accounting of loans to enterprises is a settlement account. The key to the difference between a borrower and a lender is the source of funds. If a bank transfers your deposit through a false loan and uses the loan to transfer the loan to settle the account, is the enterprise the borrower at this time? Are banks the lenders? Is it to turn the deposits of the enterprise into loans, borrow money from the bank, borrow the money from the enterprise and then lend it to the enterprise for direct transfer? Then, at this time, the enterprise must know clearly that it should have two deposits in the bank, that is to say At this time, there is one bank loan liability and one corporate deposit debt. At the same time, the bank has two deposits, one is the actual assets and liabilities after borrowing, and the other is the deposit lent to the enterprise, which is both a bank claim and a bank debt. In fact, it is a sum of funds paid in by the unit. The bank converts it into two funds for use by transferring the loan to the loan. Since there are two funds, one of which is a short position, then in the end, if the short funds are recorded for the enterprise unit, The account is a loan, and the enterprise unit repays this short position. Is it true that there is still a real deposit of funds that the unit deposits in the bank? Some bank outlets use this method to use corporate deposits as financial management funds. It is difficult for corporate entities and individuals to discover the risks involved. Once employees misappropriate corporate deposit funds and lose money due to lax internal management of the bank, it is found that both In the late 1990s, banking institutions were difficult to manage judicially.

Enterprise; The above bank loan-to-deposit loan receipt method turns enterprise deposits into enterprise debts and bank claims. The bank is like a white wolf with empty hands. It turns your deposits into its assets with a piece of loan receipt. And creditor's rights, deposits belong to the bank, and enterprises use the money for loans, Hei Tianba, Yang Bailao.

In order to steal the company's monetary funds, corporate financial personnel record the company's receivables as accounts payable or accounts in advance for the same reason. They also take the money away first, and then fabricate accounts receivable or accounts in advance. Accounts payable are recorded, and then the company's sales revenue is stolen and repaid to fill the shortfall.

4. What is the difference between lenders and borrowers?

1. Fund operations are different.

Lenders refer to people or financial institutions that use credit funds or own funds to issue loans to borrowers in lending activities, generally referring to commercial banks and central banks.

Borrowers refer to enterprises, institutions or individuals that borrow monetary funds from lenders by using their own credit or property as guarantee, or using a third party as guarantee in credit activities.

2. Rights and obligations are different.

1. Lender’s rights and obligations

(1) Require the borrower to provide information related to the loan;

(2) According to the borrower’s conditions, Decide whether to lend or not, loan amount, term and interest rate, etc.;

(3) Understand the borrower’s production, business and financial activities;

(4) Borrow money from the borrower in accordance with the contract The principal and interest of the loan will be transferred to the person's account;

(5) If the borrower fails to perform the obligations stipulated in the loan contract, the borrower has the right to require the borrower to return the loan in advance or stop paying the loan that the borrower has not used in accordance with the contract. loan;

(6) When the loan will suffer or has suffered losses, measures can be taken to protect the loan from losses in accordance with the provisions of the contract.

(7) The lender has the obligation to provide loans; if the lender fails to provide loans on the agreed date and amount, causing losses to the borrower, it shall compensate for the losses. The lender has the right to inspect and supervise the use of the loan. If the borrower fails to use the loan for the agreed purpose, the lender may stop issuing the loan, withdraw the loan in advance or terminate the contract. The lender is obligated not to deduct interest from the principal in advance.

2. Borrower’s rights and obligations

(1) The borrower shall not borrow money from different branches of the lender in the same jurisdiction at the same time;

(2 ) obligation to inform. Borrowers are not allowed to provide lenders with false balance sheets, profit and loss statements and other production and operation information that conceal important facts, in order to prevent borrowers from using false production and operation data to obtain loans that are not commensurate with their repayment ability, which may affect their ability to repay. The safety of funds in financial institutions;

(3) Borrowers are not allowed to use loans to engage in equity investments. Except for a few cases otherwise stipulated by the state, my country's company law and relevant enterprise laws and enterprise registration systems It is clearly stipulated that parties establishing a company or other enterprise (including being a shareholder of a corporate enterprise) must have a legal minimum amount of registered capital. At the time of registration, these funds must be accompanied by capital verification certificates from the relevant banks and certified public accounting firms;

(4) The borrower shall not use the loan to carry out speculative business activities in securities and futures;

(5) Except for borrowers who have obtained the qualification to operate real estate in accordance with the law. No other unit or individual may use loans to engage in real estate business; borrowers who have obtained real estate business qualifications in accordance with the law may not use loans to engage in real estate speculation;

(6) Borrowers are not allowed to obtain loans for borrowing purposes. Illegal income, the "General Principles of Loans" stipulates that the borrower shall not act as an intermediary to transfer the original loan price (interest rate) at a higher price, raise the interest rate of the financing market, and affect the stability of the financial market;

(7) The borrower shall not Violate the provisions of the state's foreign exchange management and use foreign exchange loans. Before my country's RMB is fully convertible, the state still has to supervise foreign exchange funds and impose qualification restrictions on business (foreign exchange) institutions to ensure that the country's foreign exchange funds flow smoothly. order and safety.

Extended information

Relevant regulations

1. Article 199 of the "Contract Law of the People's Republic of China" stipulates: "When entering into a loan contract, the borrower The true situation of the business activities and financial status related to the loan shall be provided according to the lender's requirements. "Article 202 provides: "The lender may inspect and supervise the use of the loan as agreed, and the borrower shall provide it to the lender on a regular basis. Relevant financial accounting statements and other information."

2. Article 35 of the "Commercial Bank Law of the People's Republic of China" stipulates: "Commercial bank loans shall be based on the borrower's purpose of borrowing, repayment ability, The repayment method and other conditions shall be strictly examined. "Article 36 stipulates: "Commercial banks shall strictly examine the guarantor's repayment ability, the ownership and value of the mortgage and pledge, and the feasibility of realizing the mortgage rights and pledge rights. "

3. Article 10 of the "Loan Contract Regulations" stipulates: "The lender has the right to inspect and supervise the use of the loan, and understand the borrower's plan execution, business management, financial activities, material inventory, etc. The borrower shall provide relevant plans, statistics, financial accounting statements and information."

4. Article 19 of the "General Terms of Loans" stipulates: "The borrower's obligations:

1. The information required by the lender shall be truthfully provided (except for those that cannot be provided by law), all account opening banks, account numbers and deposit and loan balances shall be truthfully provided to the lender, and the lender shall cooperate with the lender's investigation, review and inspection;

2. The lender shall accept the supervision of its use of credit funds and related production operations and financial activities; 6. When there is a situation that endangers the security of the lender's creditor's rights, the lender shall be notified in a timely manner and preservation measures shall be taken. "Article 22. It stipulates: “The rights of the lender: 1. To require the borrower to provide information related to the loan; 3. To understand the borrower’s production, business and financial activities.

The borrower must provide relevant information to prove his property foundation before he can apply for a loan:

Company information

1. Business license, organization Organization code certificate, account opening license, tax registration certificate, company articles of association, capital verification report, loan card

2. The company’s annual report, three-month financial statements, and six-month reconciliation for the three years before borrowing. Public bills.

3. Business site lease contract and rent payment receipt, water and electricity bills for the past three months.

4. Various tax bills for the past six months, if signed. Purchase and sale contract (if any).

5. Proof of assets in the name of the company.

Personal information

1. ID card of the borrower and spouse.

2. Identity cards of the owner of the real estate certificate and the spouse.

3. Household registration book of the borrower and the owner of the real estate certificate.

4. Marriage certificate of the borrower and the owner of the real estate certificate. .

5. Proof of personal assets, such as real estate, cars, stocks, bonds, etc.

6. Personal bank statements in the past six months or one year.