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20 19 daily reference for law examination [economic law] commercial banking law commercial banking business rules
I. Business Rules of Commercial Banks

(1) operating principles

1. Principles of safety, liquidity and efficiency

Note that safety is inversely proportional to efficiency, and safety is directly proportional to liquidity.

2. The principles of self-management, self-risk, self-financing and self-discipline.

3. The principles of equality, voluntariness, fairness and good faith.

4. The principle of protecting the interests of depositors

5. The principle of independent operation

Note that no unit or individual may force commercial banks to issue loans or provide guarantees, including the government and the People's Bank of China.

6. The principle of fair competition

(2) Loan business rules

1 Asset-liability ratio management

(1) The capital adequacy ratio shall not be less than 8%.

(2) The ratio of the balance of current assets to the balance of current liabilities shall not be less than 25%.

(3) The ratio of the loan balance to the capital balance of a commercial bank to the same borrower shall not exceed 65,438+00%.

2. Related party loans

(1) Credit loans shall not be issued to related parties.

(2) The conditions for granting secured loans to related parties shall not be superior to those of other borrowers for similar loans.

Concerned about related parties: ① directors, supervisors, managers, credit business personnel and their close relatives of commercial banks; (natural person) ② Companies, enterprises and other economic organizations (enterprises with special relations) in which the personnel listed in the preceding paragraph invest or hold senior management positions.

Special reminder: if a commercial bank issues credit loans or secured loans to related parties in violation of regulations, the validity of the loan contract will not be affected, and the loan contract is valid, but the relevant personnel will be punished.

3. Loan procedures

(1) Pay attention to irrelevant factors when loan approval is separated from grading approval, and don't review it.

(2) A written loan contract must be signed.

(3) Non-performing loans: ① overdue loans: refers to loans that expire according to the loan contract (including those that expire after extension). (2) Dull loans: loans overdue (overdue after extension) for more than 2 years. (3) Non-performing loans refer to loans that cannot be repaid according to the regulations of the Ministry of Finance.

(4) Without the approval of the People's Bank of China, foreign currency loans may not be granted to natural persons.

③ Inter-bank lending

Inter-bank lending means that commercial banks borrow temporarily from other banks and financial institutions because of insufficient temporary funds. Interbank lending is generally short-term and is a kind of fund transfer activity between financial institutions.

1. Lending funds are limited to fully paying the deposit reserve, fully retaining the reserve and the idle funds (lending funds and idle funds) after returning the loan due from the People's Bank of China.

2. It is forbidden to use borrowed funds for issuing fixed assets loans or for investment (lending and investment of borrowed funds are prohibited).

3. Borrowed funds are used to make up for the shortage of bill settlement and inter-bank exchange positions and to solve the needs of temporary liquidity.

(4) Other business rules.

1. Prohibit certain investment behaviors.

(1) Do not engage in trust investment and securities business (strictly separate business system, and do not mix business).

(2) Don't invest in non-self-use real estate (you can invest in self-use real estate)

(3) Don't invest in non-bank financial institutions (you can invest in bank financial institutions).

(4) Do not invest in enterprises (do not invest in industries)

2. Handling of special circumstances

(1) Commercial banks can obtain real estate or equity by exercising mortgage and pledge.

(2) However, it shall be punished within 2 years from the date when it is necessary to participate on its own, and shall not be held for a long time.