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 relevant laws and regulations in order to standardize the operation of working capital loans of banking financial institutions, strengthen the prudent management of working capital loans and promote the healthy development of working capital loans. _ Article 2 People's Republic of China (PRC) and banking financial institutions established in China with the approval of China Banking Regulatory Commission (hereinafter referred to as lending institutions) shall abide by these Measures when operating working capital loans. _ Article 3 The term "working capital loan" as mentioned in these Measures refers to the loan issued by the lender to an enterprise (institution) legal person or other organization that can be used as a borrower as stipulated by the state for the daily production and operation turnover of the borrower. _ Article 4 Lenders shall follow the principles of legality, prudence, equality, voluntariness, fairness, honesty and credibility when conducting working capital loan business. _ Article 5 The lender shall improve the internal control mechanism, implement the whole process management of the loan, fully understand the customer information, establish a liquidity loan risk management system 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 reasonably calculate the borrower's liquidity demand, carefully determine the borrower's total liquidity credit and specific loan amount, and shall not issue liquidity loans that exceed the borrower's actual demand. _

The lender shall, according to the scale and cycle characteristics of the borrower's production and operation, reasonably set the business variety and term of the working capital loan, so as to meet the capital demand of the borrower's production and operation, and realize effective control over the withdrawal of loan funds. _ Article 7 Lenders shall incorporate working capital loans into the unified credit management of borrowers and their group customers, and establish a risk limit management system according to the dimensions of regions, industries and loan types. _ Article 8 The lender shall reasonably determine the internal performance appraisal indicators according to the economic operation, the development law of the industry and the effective credit demand of the borrower, and shall not set unreasonable loan scale indicators, vicious competition or surprise lending. _ Article 9 The lender shall agree with the borrower on a clear and legal purpose of the loan. _

Working capital loans shall not be used for fixed assets, equity and other investments, and shall not be used for fields and uses prohibited by the state. _

The working capital loan shall not be misappropriated, and the lender shall inspect and supervise the use of the working capital loan as stipulated in the contract. _ Article 10 China Banking Regulatory Commission shall supervise and manage the working capital loan business in accordance with these Measures. _ _ Chapter II Acceptance and Investigation _ Article 11 An application for a working capital loan shall meet the following conditions: _

(1) The borrower is legally established; _

(2) The purpose of the loan is clear and legal; _

(3) The production and operation of the borrower are legal and compliant; _

(four) the borrower has the ability to continue to operate and has a legal source of repayment; _

(5) The borrower's credit status is good and there is no significant bad credit record; _

(6) Other conditions required by the lender. _ Article 12 The lender shall require the methods and specific contents of the application materials for working capital loans, and require the borrower to follow the principle of honesty and trustworthiness and promise that the materials provided are true, complete and effective. _ Article 13 The lender shall conduct due diligence by combining on-site and off-site methods, form a written report, and be responsible for the authenticity, completeness and effectiveness of its contents. Due diligence includes but is not limited to the following: _

(1) Organizational structure, corporate governance, internal control and credit standing of the legal representative and management team of the borrower; _

(2) The business scope, core business, production and operation, business planning and major investment plans of the borrower during the loan period; _

(3) the industry status of the borrower; _

(four) the borrower's accounts receivable, accounts payable, inventory and other real financial conditions; _

(5) The borrower's total working capital requirements and existing financing liabilities; _

(6) Related parties and related transactions of the borrower; _

(seven) the specific purpose of the loan and the use of the counterparty's funds related to the loan purpose; _

(8) Sources of repayment, including cash flow, comprehensive income and other lawful income generated by production and operation; _

(9) For secured working capital loans, it is necessary to investigate the ownership, value and realization difficulty of the collateral, or the guarantee qualification and ability of the guarantor. Chapter III Risk Assessment and Approval Article 14 The lender shall establish and improve the risk assessment mechanism, implement specific responsible departments and posts, and comprehensively review the risk factors of working capital loans. _ Article 15 The lender shall establish and improve the internal rating system, adopt scientific and reasonable credit rating methods, conduct credit rating on customers, and establish customer credit records. _ Article 16 The lender shall calculate the borrower's working capital demand according to the borrower's business scale, business characteristics, accounts receivable, inventory, accounts payable, capital cycle and other factors (see Annex for the calculation method), and comprehensively consider the borrower's cash flow, liabilities, repayment ability, guarantee and other factors to reasonably determine the loan structure, including amount, term, interest rate, guarantee and repayment method. _

Measures for the administration of the use of loan funds

Legal analysis: Provisions on the use of loan funds: 1. Personal consumption loans can be used for legitimate personal or family consumption purposes such as car purchase, parking, decoration, education, bulk consumption shopping and tourism. 2. The purpose of the loan must comply with the provisions of relevant state laws, regulations and policies, and shall not be used for illegal purposes such as gambling in areas prohibited by state laws and regulations and state regulatory authorities. 3. When applying for a single loan or drawing money under the credit line, the loan applicant shall submit a written certificate of the purpose of the loan, and shall not issue a loan without a specific purpose.

Legal basis: Interim Measures for the Administration of Credit Funds in People's Republic of China (PRC).

Article 8 The People's Bank of China shall gradually shift its control over the total amount of money and credit from direct control based on credit scale management to indirect control by means of social credit plan, refinancing, rediscount, open market operation, reserve ratio, benchmark interest rate and proportional management.

Article 9 The People's Bank of China shall establish a monitoring system for macroeconomic indicators of economy and finance, and determine the annual growth rate of money supply by analyzing and forecasting major indicators such as gross national product, special price index and international payments. The long-term goal of money supply is m, and the short-term goal is m.

Article 10 The People's Bank of China shall formulate a social credit plan according to the determined growth rate of money supply. Social credit planning includes credit planning of commercial banks, policy banks, non-bank financial institutions and corporate financing planning. Financial institutions shall, in accordance with the relevant provisions of the People's Bank of China, prepare and submit credit plans, which shall be brought into the comprehensive balance of social credit plans by the People's Bank of China to guide the credit activities of financial institutions.

Article 11 The People's Bank of China should reduce credit loans, increase rediscount and mortgage loans, develop open market business for treasury bonds and foreign exchange, and gradually increase the proportion of base money invested through the money market.

Trial Measures of China People's Bank on Credit Fund Management

Chapter I General Provisions Article 1 is to implement the provisions of Document No.1.. In order to meet the needs of the reform of economic management system and banking system, the People's Bank of China should study and do a good job in the macro-decision of national finance, strengthen financial management, and regulate currency issuance. Specialized banks should truly become economic entities, liberalize and enliven them at the micro level, and give full play to their positive role in the national economy. In order to solve the long-standing problem of "eating from the same pot" in the management of credit funds, implement the economic responsibility system of banks at all levels, improve the economic benefits of the use of credit funds, and better support the socialist modernization, these measures are formulated. Article 2 Renminbi credit funds of the People's Bank of China and specialized banks (including China International Trust and Investment Corporation, the same below) shall be managed in accordance with these Measures. Measures for the administration of foreign exchange funds shall be formulated separately. Article 3 The management of credit funds shall follow the principles of "unified planning, fund division, real loans and real deposits, and mutual accommodation".

Unified plan means that all RMB credit funds of professional banks must be included in the national comprehensive credit plan, which is comprehensively balanced by the head office of the People's Bank of China, and the credit fund plans of professional banks and loan plans from the People's Bank of China are approved.

Sub-funds refer to the self-owned funds and other various credit funds of specialized banks, which, after being approved by the head office of the People's Bank of China, are used as the working funds of the banks, operating independently and accounting independently.

Real loan and real deposit refers to the way that the People's Bank of China changes the management mode of the indicators of the layer-by-layer examination and approval plan and implements real loan and real deposit.

Mutual financing is to allow funds to be transferred horizontally and enliven funds. The financing of a region mainly depends on the mutual lending between banks in the region. Article 4 In order to implement the above principles of credit fund management, all specialized banks must establish their own interbank systems. Chapter II Compilation and Audit of Credit Fund Plan Article 5 The head office of a specialized bank shall, in accordance with the content and format stipulated by the head office of the People's Bank of China, prepare its own credit fund revenue and expenditure plan and submit it to the head office of the People's Bank of China. After comprehensively balancing the national economic situation, the national credit fund situation and the currency issuance plan, the head office of the People's Bank of China shall prepare a national comprehensive credit plan and submit it to the State Council for approval. Article 6 The annual credit fund revenue and expenditure plans prepared by local specialized banks at all levels shall be submitted to the People's Bank of China at the same level together with the superior banks. The People's Banks at all levels shall comprehensively balance the credit fund revenue and expenditure plans in their respective regions, prepare the comprehensive credit fund revenue and expenditure plans in their respective regions, and report them to the head office of the People's Bank of China step by step. Article 7 The head office of the People's Bank of China shall, according to the national comprehensive credit plan approved by the State Council, verify the annual credit fund revenue and expenditure plan of the head office of specialized banks, including the itemized credit fund revenue and expenditure plan and the loan plan of the People's Bank of China. The head office of a specialized bank shall, within the loan plan approved by the head office of the People's Bank of China, put forward the loan plan allocated by branches of provinces, autonomous regions and municipalities directly under the Central Government, and submit it to the head office of the People's Bank of China, which will issue a loan notice. The branches of the People's Bank of China lend to the branches of specialized banks according to the loan notice amount issued by the head office of the People's Bank of China, and then the branches of specialized banks allocate it to the branches as working capital and deposit it in the depositors opened in the People's Bank of China. The specific loan measures shall be agreed by the branch of the People's Bank of China and the relevant professional banks. Chapter III Management of Credit Funds Article 8 The People's Bank of China shall manage the credit fund plans of specialized banks according to different situations.

(a) the annual loan plan and the basic construction loan plan should be strictly controlled according to the plan, and no breakthrough can be made without approval. Due to changes in economic conditions, when the annual loan plan needs to be overfulfilled, the head office of a specialized bank must apply to the head office of the People's Bank of China for additional funds, and the funds can only be used after approval.

(2) Strive to overfulfill all kinds of deposits: for all kinds of working capital loans (including agricultural loans), under the premise of not exceeding the loan plan of the People's Bank of China and ensuring depositors to withdraw deposits, more deposits and more loans will be implemented.

(three) technical transformation loans should be revitalized and not out of control, and the People's Bank of China should control them according to the technical transformation loan plan arranged by the state. The head office of specialized banks can be controlled according to the planned indicators, and the annual deposits of specialized banks can also be used to increase technical transformation loans according to the proportion stipulated by the head office of the People's Bank of China.

Change the practice of banks and competent departments jointly "wearing hats" to issue individual loan indicators for special technological transformation loans. In the future, banks will no longer retain individual "special loan indicators" in the use of funds. Technical transformation projects issued by various economic departments will directly apply for loans from local banks, and local banks will independently review and decide according to the economic benefits of the loan projects.

(IV) Fixed assets loans specially arranged by unplanned countries shall be uniformly arranged by the head office of the People's Bank of China, and distributed or entrusted to the head office of relevant specialized banks or entrusted to specialized banks through branches of the People's Bank of China.

(V) The RMB special loan for foreign exchange purchase quota shall be arranged by the head office of the People's Bank of China as a whole, and the branches of the People's Bank of China shall entrust specialized banks to issue it according to the business division and payment regulations.

(six) the RMB occupied by the state foreign exchange reserve is funded by the People's Bank of China and managed separately. Specific measures shall be formulated separately.

Measures of the People's Bank of China for the Implementation of Credit Fund Management in Shenzhen Special Economic Zone

Article 1 The RMB credit funds of the People's Bank of Shenzhen Special Zone and specialized banks shall be managed in accordance with these Measures.

Renminbi credit funds of non-bank financial institutions shall be handled in accordance with the unified regulations of the head office of the People's Bank of China. Article 2 The credit funds in Shenzhen Special Zone shall be managed in a "compartmentalized" way, and the existing "compartmentalized" management system of specialized banks shall be changed. The existing credit funds and deposits absorbed in the future, except the central treasury funds and the deposit reserve turned over to the head office of the People's Bank of China, are all left to the Shenzhen Special Zone, and the Shenzhen Special Zone Branch of the People's Bank of China is responsible for unified arrangement and use. Article 3 After the implementation of the "block-based" credit fund management mode, the branches of specialized banks and city branches should be decoupled from the head office and Guangdong branch in the credit plan and credit fund allocation. By the end of 1985, the credit funds, including deposit funds, allocated by the head offices and provincial branches of specialized banks to Shenzhen Special Economic Zone will no longer be transferred.

In addition to the management of credit funds in the credit plan, the work within the management scope of the head office of the bank and the Guangdong branch is still going on as usual. Article 4 The credit fund plan shall be implemented separately. The credit and cash plans of the branches of specialized banks must all be incorporated into the annual credit and cash plans of Shenzhen Special Economic Zone Branch of the People's Bank of China, which shall be issued with the approval of the head office of China People's Bank, and the difference shall be controlled. In the balanced plan approved by the head office of the People's Bank of China, liquidity allows more deposits and more loans, but less deposits must be less loans.

According to the annual credit cash plan issued by the head office of the People's Bank of China, the Shenzhen Special Zone Branch of the People's Bank of China examines and approves the annual credit cash plans of branches of specialized banks, including loan plans and savings plans, and sends a copy to the People's Bank of China, the head offices of specialized banks and provincial branches.

Banks in Shenzhen Special Economic Zone should actively absorb deposits and issue loans reasonably to ensure that they do not break through the loan difference plan and complete the deposit difference plan in full. Article 5 The scope of credit difference control includes credit difference control items, and the sources of funds are credit funds and various deposits; The funds are used for working capital loans, fixed assets loans, other loans and deposits deposited in the head office of the People's Bank of China.

Loans for fixed assets, including loans for local projects and projects directly under various departments in the State Council, are arranged in the credit plan of Shenzhen Special Economic Zone. Individual super-large construction projects specially approved by the central government, currently referring to Shajiao B plant power station, can be reported separately in the credit plan of Shenzhen Special Economic Zone temporarily; In, the next batch of large-scale construction projects not included in the plan of the year of China State Council, whose required funds exceed the credit fund capacity of Shenzhen Special Economic Zone, can be submitted for approval separately.

The following items are not within the control scope of credit difference:

(a) the central treasury, provincial budget revenue;

(2) Issuing funds;

(3) Gold and silver;

(4) foreign exchange holdings;

(5) Renminbi loans guaranteed by foreign exchange.

The fixed assets loans and working capital loans of the State Council's various departments, provinces, autonomous regions and municipalities directly under the Central Government for investment projects in Shenzhen Special Economic Zone are respectively included in their respective credit plans and fixed assets loan scales. Article 6 Management of fixed assets loans. Banks in Shenzhen Special Economic Zone should adjust the loan structure according to the composition of their own sources of funds, and issue fixed assets loans and fixed assets loans to township enterprises within the investment scale and fixed assets loan plan approved by the state. The fixed assets loan plan for Shenzhen Special Economic Zone approved by the head office of the People's Bank of China every year shall not be broken without approval. Article 7 Physical storage shall be implemented. In the management of credit funds, banks in Shenzhen Special Economic Zone implement the method of "real loans and real deposits" and separate plans from funds. The head office of the People's Bank of China and the Shenzhen Special Economic Zone Bank shall divide the credit funds. In the future, the head office of the People's Bank of China will approve the credit plan of Shenzhen Special Economic Zone Bank in order to solve the credit scale and planned loans. The balance of credit funds is mainly solved by organizing deposits and raising funds by other means. The head office of the People's Bank of China will issue loans to Shenzhen Special Economic Zone by stages according to the needs of national macro-control and the actual situation of Shenzhen Special Economic Zone.

The capital exchange between the head office of the People's Bank of China and the Shenzhen Special Economic Zone Branch of the People's Bank of China adopts the loan method. Interest is calculated based on loans, deposits and other capital transactions. Article 8 Credit funds shall be managed separately from interbank remittance funds. The credit funds of banks in Shenzhen Special Economic Zone shall be separated from the interbank funds and shall not occupy each other. Deposits absorbed by the People's Bank of China and specialized banks must first ensure the withdrawal and remittance of deposits. There must be corresponding sources of credit funds for the use of credit funds. In accordance with the credit policy, give priority to working capital loans, rationally arrange fixed assets loans, and earnestly save more and lend less. It is forbidden to issue loans with exchange difference funds, and engage in less loans and more loans. Article 9 Open an account. In order to strengthen the management of credit funds and ensure that the funds of the head office of the People's Bank of China and the Shenzhen Special Economic Zone Branch of the People's Bank of China do not occupy each other. Shenzhen Branch of China People's Bank opened depositors, planned lenders and temporary lenders in the head office of China People's Bank. All funds will be paid by depositors, and overdraft is not allowed.

The account of the head office of the People's Bank of China entrusted the Shenzhen Special Zone Branch of the People's Bank of China to set up a counter for handling. Article 10 security deposit. The scope of deposits includes all kinds of bank deposits, including: enterprise deposits, local financial deposits, government organizations deposits, military deposits, urban savings deposits, postal savings deposits, rural deposits, trust deposits, insurance company deposits, other deposits and other special deposits.

After opening an account at the head office of the People's Bank of China, the Shenzhen Special Zone Branch of the People's Bank of China shall go through the formalities for the first deposit reserve with the head office of the People's Bank of China on September1August 3, 9861day, which is more than that at the end of 1985. Adjust it once a month later. The starting time and amount of adjustment shall be handled according to the existing regulations. If the balance of each deposit is equal to or lower than the balance at the end of 1985, the deposit will not be returned.

Shenzhen Branch of the People's Bank of China must truthfully handle the deposit adjustment within the specified time. The increase or decrease shall not be postponed or advanced, and shall not be underpaid or unpaid. If there is any violation, a fine of three ten thousandths of the amount will be added every day.

The proportion of deposit reserve paid by specialized banks in Shenzhen Special Economic Zone to the People's Bank of China shall be determined by Shenzhen Special Economic Zone Branch of the People's Bank of China.

Interim Measures of Qingdao Municipality on the Administration of Enterprise Loan Guarantee Fund

Chapter I General Provisions Article 1 In order to strengthen the management of the enterprise loan guarantee fund (hereinafter referred to as the guarantee fund), ensure the safe operation of the guarantee fund and promote economic development, these Measures are formulated in accordance with the relevant provisions of the state and combined with the actual situation of this Municipality. Article 2 The term "guarantee funds" as mentioned in these Measures refers to the basic funds invested by the Municipal People's Government and related enterprises, which are specially used to provide loan guarantees for enterprises in this Municipality (including individual industrial and commercial households, the same below).

Guarantee funds are divided into small and medium-sized enterprise guarantee funds, high-tech enterprise guarantee funds, individual and private enterprise guarantee funds and counterpart assistance guarantee funds. Article 3 The management of guarantee funds shall follow the principles of market mechanism operation and government supervision and guidance. Article 4 The total amount of secured loans provided by the guarantee fund shall not exceed 5 times of the total amount of the guarantee fund. Chapter II Institutions and Responsibilities Article 5 The Municipal Finance Bureau, the Central Sub-branch of the People's Bank of China, the Municipal Enterprise Development and Investment Corporation, the enterprises funded by guarantee funds and other relevant government departments shall send personnel to participate in the establishment of various types of guarantee fund supervision and management committees (hereinafter referred to as the board of supervisors). The director of each supervisory committee shall be the deputy mayor in charge. Its organizational form and rules of procedure shall be stipulated in the articles of association of the management committee. Article 6 The CSRC shall perform the following duties within the scope of its regulatory funds:

(1) Formulating a specific system for the management of guarantee funds in accordance with these Measures;

(two) to consider and approve the annual work plan and work report of the guarantee center;

(three) to examine and approve the annual financial budget and final accounts of the guarantee center;

(four) to consider and approve the profit distribution and loss compensation plan of the guarantee center;

(five) to consider and approve the capital increase or supplementary plan of the guarantee fund;

(six) to review and approve the relevant guarantee projects;

(seven) other duties stipulated by the Municipal People's government. Article 7 Guarantee funds shall be managed and operated by the Municipal Guarantee Center entrusted by the Supervisory Committee. The guarantee center shall be registered in accordance with the law, obtain the qualification of legal person, and bear civil liability independently. Article 8 A guarantee center shall perform the following duties:

(a) report to the regulatory commission in accordance with the relevant provisions;

(2) Organizing the implementation of relevant resolutions of the supervisory committee;

(three) the specific implementation of credit guarantee, issued by the relevant guarantee documents;

(four) submitted to the regulatory commission for consideration of capital increase or capital increase plan;

(five) responsible for the financial classification of guarantee funds;

(6) Other duties as stipulated by the CSRC.

In accordance with the relevant provisions of the Guarantee Law, the guarantee center follows the principles of equality, voluntariness, fairness, honesty and credit, and provides guarantee with guarantee funds. Chapter III Guarantee Conditions Article 9 The guarantee center may provide guarantee with guarantee funds for enterprises that meet the following conditions:

(a) registered by the administrative department for Industry and Commerce of this Municipality;

(two) legitimate business, good credit;

(three) high management level and product technology content, good economic benefits and development prospects;

(4) The asset-liability ratio is reasonable, and it has sustainable profitability and solvency;

(5) Being able to provide counter-guarantee according to law;

(6) Other conditions. Article 10 An enterprise providing counter-guarantee to a guarantee center shall meet the following conditions in addition to the relevant provisions of the Guarantee Law:

(a) the collateral or pledge is the property that can be transferred and realized according to law;

(2) The mortgaged property or pledge has been appraised by the appraisal agency. Eleventh enterprises funded by the guarantee fund can give priority to providing guarantees if they meet the conditions. Article 12 Where the amount of guarantee funds applied for is less than 2 million yuan, the guarantee period is less than 9 months, and the loan funds are used as the working capital of the project, the guarantee can be given priority. Article 13 To provide guarantee with guarantee funds, in principle, the amount of guarantee funds provided for the same project shall not exceed 5 million yuan, and the guarantee period shall not exceed 1 year. If the amount of guarantee funds exceeds 5 million yuan or the guarantee period exceeds 1 year, the guarantee center shall report it to the Supervisory Committee for approval. Chapter IV Guarantee Procedures Article 14 The guarantee of providing guarantee funds shall be determined by the guarantee center and the loan bank through consultation according to the credit standing of the insured enterprise and the amount of guarantee funds. Fifteenth qualified enterprises must be recommended by the department designated by the relevant regulatory commission before they can apply for guarantee to the guarantee center. Sixteenth to apply for a guarantee to the city security center, the following materials shall be submitted at the same time:

(1) Copy of the business license of the enterprise (stamped with the official seal of the enterprise);

(2) Feasibility study report;

(3) the financial statements of the previous year (including balance sheet, income statement, cash flow statement, etc.). ) verified by accounting (auditing) firms, except individual industrial and commercial households;

(4) Provide relevant certificates of counter-guarantee;

(five) the identity certificate and resume of the legal representative of the enterprise;

(6) Other relevant materials.

The guarantee center will review the guarantee application and make a decision on whether to provide the guarantee within 10 days. Article 17 If the guarantee center decides to provide guarantee, the parties concerned shall sign relevant guarantee contracts and counter-guarantee contracts in accordance with the relevant provisions of the Guarantee Law. After the relevant contract comes into effect, the guarantee center shall timely send the relevant information (copies) to the relevant municipal authorities for the record. Article 18 Loans secured with guarantee funds shall be used exclusively for loan application projects.