(2) loan conditions. The borrower who applies for a loan should have the basic conditions such as marketable products, profitable production and operation, no misappropriation of credit funds, and abiding by credit.
(3) The rights of the borrower:
(1) You can independently apply for a loan from the host bank or the agent bank of other banks, and get the loan according to the above conditions.
(2) Have the right to obtain all loans as agreed in the loan contract, and use the loans independently within the scope of use stipulated in the contract. The bank shall not require the borrower to keep part of the loan funds in the bank for any reason, nor shall it deduct the interest in advance.
(3) Have the right to report relevant information to the lender's superior bank, central bank and CBRC.
(4) Have the right to refuse additional conditions other than the loan contract, such as the loan bank or a specific loan manager asking the borrower for money, property or free services, kickbacks and other forms of returns.
(5) After obtaining the consent of the lender, the lender has the right to transfer the debt returned by the loan to a third party.
(4) Obligations of the Borrower:
(a) truthfully provide all kinds of information required by the lender, including the production, operation and assets financial report of the unit, in which the annual report shall be audited by a qualified certified public accounting firm, and the account number and deposit balance of the unit or the unit in each bank shall actively cooperate with the bank in the investigation, review and inspection of loan use and capital safety. If the borrower is a natural person, valid identity documents and relevant credit certificates shall be provided.
(2) Before the loan is paid off, the bank shall accept the review of the use of its credit funds and related production, operation and financial activities.
③ The loan shall be used according to the purpose agreed in the loan contract, and the purpose of the loan shall not be changed without the written consent of the lender.
④ Repay the loan principal and interest in full and on time according to the time and conditions agreed in the loan contract.
⑤ Before transferring part or all of the repayment obligations to a third party, the written consent of the lender shall be obtained.
⑥ In case of any abnormal situation endangering the creditor's rights of the lender, it shall promptly notify the lender and take all necessary measures to preserve the endangered or threatened property.
(5) Restrictions on borrowers:
① The borrower shall not borrow from different branches of the lender in the same jurisdiction at the same time.
(2) the obligation to inform. The borrower shall not provide the lender with false production and operation information, such as balance sheet, income statement, etc., to prevent the borrower from using false production and operation information to borrow loans that are not commensurate with its repayment ability, thus affecting the capital security of financial institutions.
(3) The borrower shall not use the loan to engage in equity investment. Except for a few cases as otherwise stipulated by the state, the Company Law, relevant enterprise laws and enterprise registration system of our country clearly stipulate that the parties (including shareholders of the company) who set up a company or other enterprises must have the statutory minimum registered capital, and these funds must be accompanied by capital verification certificates from relevant banks and certified public accountants when registering.
(4) The borrower shall not use the loan for speculative business activities in securities and futures.
(5) Except for borrowers who have obtained real estate business qualifications according to law. No other unit or individual may engage in real estate business with loans; Borrowers who have obtained real estate business qualifications according to law shall not use loans to engage in real estate speculation.
⑥ Borrowers are not allowed to seek illegal income through loans. The General Principles of Loans stipulates that the borrower shall not transfer the original loan price (interest rate) as an intermediary, which will raise the interest rate in the financing market and affect the stability of the financial market.
⑦ The borrower shall not violate overseas laws? According to the management regulations, before the RMB is fully convertible in China, the state still has to supervise foreign exchange funds and restrict the qualifications of institutions engaged in foreign exchange to ensure the orderly and safe flow of foreign exchange funds. (1) Lender qualification: According to Article 2 1 of the General Rules for Loans, the lender must be approved by the China Banking Regulatory Commission to operate the loan business, hold the Legal Person License for Financial Institutions or Business License for Financial Institutions issued by the China Banking Regulatory Commission, and be approved and registered by the administrative department for industry and commerce.
(2) The main rights of the lender:
The lender requires the loan applicant to provide credit information related to the loan to judge the loan risk; According to the borrower's conditions, decide whether to lend, as well as the amount, duration and interest rate of the loan.
(2) Before and during the loan, the lender knows about the production, operation and financial activities of the borrower, withdraws the loan principal and interest from the borrower's account according to the conditions agreed in the loan contract, and does not consult the borrower and handle other repayment procedures before withdrawing.
(3) When the borrower fails to perform the obligations stipulated in the loan contract, the lender has the right to require the borrower to repay the loan in advance or stop paying the unused loan. When the loan will suffer or has suffered losses, appropriate measures can be taken to prevent the loan losses according to the loan contract, including demanding early recovery of the loan, freezing the unused loan, and freezing the borrower's account until a civil lawsuit for property preservation and loan repayment is filed.
(3) The main obligations of the lender:
(1) Financial institutions shall announce the types, terms and interest rates of operating loans, disclose the credit conditions for loan review and the specific conditions for granting loans, and provide various consultations for borrowers.
(2) The lender shall promptly consider the borrower's loan application and clearly answer whether the applicant agrees to the loan. The time for the lender to consider and reply to the short-term loan application shall not exceed 65,438+0 months, and the time for the lender to reply to the medium-and long-term loan application shall not exceed 6 months, unless otherwise stipulated by the state.
(3) The lender shall keep confidential the borrower's debts, finance, related production and operation and other matters that are business secrets, but shall cooperate with the legal investigation of relevant institutions and inform relevant information.
(4) Restrictions on lenders:
(1) Lending must strictly abide by the provisions of Article 39 of the Law on Commercial Banks on the ratio of assets to liabilities, that is, the lender's capital adequacy ratio shall not be less than 8%, the ratio of loan balance to deposit balance shall not exceed 75%, the ratio of current assets balance to current liabilities balance shall not be less than 25%, and the ratio of loan balance to lender's capital balance of the same borrower shall not exceed 65,438+00%.
(2) No human loans shall be granted. Article 40 of the Commercial Bank Law stipulates that credit loans shall not be granted to related parties, and the conditions for granting secured loans to related parties shall not be superior to those of similar loans of other borrowers, so as to safeguard fair trade and the safety of its own funds.
(3) When it is found that the borrower has one of the following circumstances, which has actually constituted or will constitute an infringement or threat to the lender's asset safety, the loan shall not be issued: if the borrower does not have the qualifications and conditions, the products and investment projects produced and operated by the borrower are prohibited by the state, if the borrower violates the provisions of the state on foreign exchange control, and the construction projects of the borrower are approved by the relevant state departments without obtaining the approval documents. The Borrower fails to pay off the original loan debt, implement the original loan debt or provide corresponding guarantee in the process of system change such as contracting, leasing, joint venture, merger (merger), cooperation, division, paid transfer of property rights, shareholding system reform, etc., and the Borrower has serious violations.
④ Without the approval of China Banking Regulatory Commission, foreign currency loans may not be granted to natural persons.
⑤ Self-operated loans and special loans of financial institutions, in accordance with the provisions of the People's Bank of China, shall not charge any other fees except interest; Entrusted loans shall not charge any fees except the handling fees stipulated by the central bank.
⑥ The lender shall not advance funds to the borrower, and shall not use the lender's own funds to fill the loan assets before and after the loan, unless otherwise stipulated by the state.