"In recent years, personal business loans, corporate liquidity loans and other business loans have played an active role in meeting the temporary liquidity needs of enterprises and improving their ability to continue to operate, providing strong support for doing a good job in' six stabilities' and implementing the task of' six guarantees'. However, recently, some enterprises and individuals have illegally invested operating loans in the real estate sector, which has affected the effect of real estate regulation and control policies and squeezed credit resources to support the development of the real economy, especially small and micro enterprises. " In response to a reporter's question, heads of relevant departments of China Banking Regulatory Commission, Ministry of Housing and Urban-Rural Development and People's Bank of China (hereinafter referred to as "heads") said that the purpose of drafting the Notice was to implement the decision-making arrangements of the CPC Central Committee and the State Council on promoting the stable and healthy development of the real estate market, prevent operating loans from illegally flowing into the real estate sector, and better support the development of the real economy.
The Notice puts forward seven requirements: First, strengthen the verification of the qualifications of borrowers. Effectively strengthen the "three checks" on operating loans and implement various requirements for credit approval. The second is to strengthen the review of credit demand. It is necessary to conduct a penetrating and substantive review of the loan demand for business purposes, and it is not allowed to relax the review of the real loan demand because of sufficient mortgage, and it is not allowed to issue business loans to enterprises whose capital flow is obviously inconsistent with the business situation. The third is to strengthen the management of loan term. The loan term should be reasonably determined according to the actual needs of the borrower. Further strengthen the internal management of operating loans with a term of more than 3 years to ensure that the funds are really used for business operations. The fourth is to strengthen the management of loan collateral. It is necessary to reasonably grasp the mortgage ratio of loans, and focus on the rationality of the financing demand for applying for operating loans in the short term after the completion of real estate transactions. Fifth, strengthen post-lending management in lending. It is necessary to strictly implement the requirements for entrusted payment of funds and strengthen the monitoring and early warning of the flow of funds after lending. It is necessary to sign a letter of commitment with the borrower on the use of funds, and make it clear that once the loan is found to be misappropriated in the real estate field, it is necessary to immediately recover the loan, reduce the credit line, and investigate the corresponding legal responsibilities. Sixth, strengthen the internal management of banks. It is necessary to implement the main responsibility, improve the internal system, strengthen internal accountability, and strengthen the monitoring and analysis of business loans and the monitoring of employees' abnormal behavior. Seventh, strengthen the management of intermediary institutions. Establish a "white list" of cooperative institutions. Intermediaries that help borrowers obtain loans for commercial purposes shall not cooperate. Real estate intermediaries shall not provide consultation and services for buyers or cooperate with other institutions to provide financial products such as mortgage loans, and shall not induce buyers to use funds for business purposes in violation of regulations.
Regarding whether the Notice will affect the reasonable financing of enterprises and individuals, the relevant person in charge said that at present, some operating loans are illegally diverted to the real estate sector, which has squeezed the credit resources of the real economy to some extent. The "Notice" seriously governs such violations, which will release more credit resources to serve the development of the real economy and promote a virtuous circle between finance and the real economy. The circular also stressed that banking financial institutions should further improve the efficiency of serving the real economy, continue to increase support for key areas and weak links in economic and social development, thoroughly implement the strategic deployment of the party and the state on financial support for the development of small and micro enterprises, maintain the continuity and stability of credit support policies for small and micro enterprises, and give full play to the positive role of operating loans in supporting the real economy.
In addition, the relevant person in charge said that all banking and insurance regulatory bureaus, local housing and urban-rural construction departments and branches of the People's Bank of China should strengthen supervision and inspection of the illegal inflow of operating loans into real estate, smooth the channels for complaints and reports of violations, and share and jointly investigate and deal with illegal clues in a timely manner; It is necessary to regard the illegal inflow of operating loans into real estate and other related issues as an important part of all kinds of inspections, strictly accountability according to law, strengthen joint punishment, and timely incorporate the relevant administrative punishment information of enterprises and individuals who illegally misappropriate operating loans into the credit information system. At the same time, jointly carry out a special investigation on the illegal inflow of operating loans into real estate. The China Banking Regulatory Commission, the Ministry of Housing and Urban-Rural Development and the People's Bank of China will pay close attention to the policy implementation effect and survey results, strengthen supervision and promote the stable and healthy development of the real estate market.