Protected by law.

According to the general principles of People's Republic of China (PRC) loan:

Article 1 The purpose is to standardize the loan behavior, safeguard the legitimate rights and interests of both borrowers and lenders, ensure the safety of credit assets and improve the overall benefit of loan use. In order to promote the sustainable development of social economy, these General Rules are formulated in accordance with the Law of the People's Republic of China on the People's Bank of China and the Law of People's Republic of China (PRC) Commercial Bank.

Article 3 The issuance and use of loans shall abide by the national laws, administrative regulations and administrative regulations issued by the People's Bank of China, and follow the principles of efficiency, safety and liquidity.

Article 62 If a lender issues a loan in violation of the relevant provisions on asset-liability ratio management, the People's Bank of China shall order it to make corrections and impose a fine in accordance with the provisions of Article 75 of the Law of People's Republic of China (PRC) Commercial Bank. If there is illegal income, the illegal income shall be confiscated, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of Article 76.

Article 69 If a borrower defrauds a loan, which constitutes a crime, he shall be fined and investigated for criminal responsibility in accordance with the provisions of Article 80 of the People's Republic of China (PRC) Commercial Bank Law.

Extended data

Matters needing attention in loan:

According to Article 13 of Chapter III of the General Principles of Loans in People's Republic of China (PRC), the lender shall determine the interest rate of each loan according to the upper and lower limits of the loan interest rate stipulated by the People's Bank of China, and specify it in the loan contract.

According to Article 26 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases, if the interest rate agreed by both borrowers and lenders does not exceed 24% per annum, the people shall support it. The interest rate agreed between the borrower and the borrower exceeds the annual interest rate of 36%, and the interest agreement in excess is invalid.

What are the laws, regulations and rules for loan implementation?

In life, loan is a very common way of borrowing, and the amount of loan is relatively large. Therefore, in law, there are also relevant legal provisions for loans. The following are the loan laws, regulations and implementation rules I have compiled for you, hoping to help you.

Laws and regulations on loan implementation

Chapter I General Provisions

Article 1 These General Rules are formulated in accordance with the Law of the People's Republic of China on the People's Bank of China, the Law of People's Republic of China (PRC) Commercial Bank and other relevant laws and regulations in order to standardize the loan behavior, safeguard the legitimate rights and interests of both borrowers and borrowers, ensure the safety of credit assets, improve the overall benefit of loan use and promote the sustainable development of social economy.

Article 2 The term "lender" as mentioned in these General Rules refers to a legally established Chinese-funded financial institution engaged in loan business in China.

The borrower mentioned in these General Rules refers to legal persons, other economic organizations, individual industrial and commercial households and natural persons who have obtained loans from Chinese-funded financial institutions engaged in loan business.

The term "loan" as mentioned in these General Rules refers to the monetary funds provided by the lender to the borrower and repaid the principal and interest at the agreed interest rate and time limit.

The loan currencies in these General Rules include RMB and RMB.

Article 3 The issuance and use of loans shall comply with national laws, administrative regulations and management regulations issued by the People's Bank of China, and follow the principles of efficiency, safety and liquidity.

Article 4 Lenders and borrowers shall follow the principles of equality, voluntariness, fairness, honesty and credibility.

Article 5 Lenders shall follow the principles of fair competition and close cooperation when conducting loan business, and shall not engage in unfair competition.

Article 6 The People's Bank of China and its branches are the supervisory institutions for implementing the general principles of loans.

Chapter II Types of Loans

Article 7. Self-operated loans, entrusted loans and special loans: Self-operated loans refer to loans that the lender raises funds in a legal way, distributes them independently, bears the risks, and recovers the principal and interest by the lender.

Entrusted loans refer to loans provided by clients such as government departments, enterprises, institutions and individuals, and issued, supervised and recovered by lenders (trustees) according to the loan object, purpose, amount, term and interest rate determined by the clients. The lender (trustee) only charges the handling fee and does not bear the loan risk.

Specific loans refer to loans granted by wholly state-owned commercial banks with the approval of the State Council after taking corresponding remedial measures for the losses that may be caused by loans.

Article 8 Short-term loans, medium-term loans and long-term loans:

Short-term loans refer to loans with a loan term of 1 year (inclusive).

Medium-term loans refer to loans with a loan term of more than 1 year (excluding 1 year) and less than 5 years (including 5 years).

Long-term loans refer to loans with a loan term of more than 5 years (excluding 5 years).

Article 9 Credit loans, secured loans and bill discounting:

Credit loan refers to the loan issued by the borrower's credit.

Secured loans refer to secured loans, mortgage loans,

Guaranteed loan refers to a loan issued by a third party in the form of guarantee stipulated in the Guarantee Law of People's Republic of China (PRC), which promises the borrower to assume general guarantee liability or joint liability as agreed when the loan cannot be repaid.

Mortgage loan refers to the loan issued with the property of the borrower or a third party as collateral according to the mortgage method stipulated in the Guarantee Law of People's Republic of China (PRC).

, refers to the loan issued with the movable property or rights of the borrower or the third party as the pledge according to the provisions of the Guarantee Law of People's Republic of China (PRC).

Bill discount refers to the loan issued by the lender in the form of purchasing the borrower's unexpired commercial paper.

Article 10 Except for entrusted loans, when the lender issues loans, the borrower shall provide guarantees. The lender shall strictly examine the repayment ability of the guarantor, the ownership and value of the collateral, and the feasibility of realizing the collateral.

If it is confirmed by loan review and evaluation that the borrower's credit standing is good and he can repay the loan, he may not provide guarantee.

Chapter III Loan Term and Interest Rate

Article 11 Term of the loan: The term of the loan shall be determined by both the borrower and the lender through consultation according to the borrower's production and operation cycle, repayment ability and the lender's capital supply ability, and shall be specified in the loan contract. Generally, the term of self-operated loans shall not exceed 65,438+00 years, and those exceeding 65,438+00 years shall be reported to the People's Bank of China for the record. The longest discount period of bill discount shall not exceed 6 months, from the discount date to the maturity date of the bill.

Article 12 Loan extension: If the loan cannot be repaid on time, the borrower shall apply to the lender for loan extension before the loan expires. Whether the extension is decided by the lender. When applying for secured loan, mortgage loan or extension, the guarantor, mortgagor and pledger shall also issue a written consent certificate. If there is an agreement, it shall be implemented in accordance with the agreement.

The cumulative extension period of short-term loans shall not exceed the original loan period; The cumulative extension period of medium-term loans shall not exceed half of the original loan period; The cumulative extension period of long-term loans shall not exceed 3 years. Unless otherwise stipulated by the state. If the borrower fails to apply for extension or the application for extension is not approved, the loan will be transferred to the overdue loan account from the day after the maturity date.

Article 13 Determination of loan interest rate:

The lender shall determine the interest rate of each loan according to the upper and lower limits of the loan interest rate stipulated by the People's Bank of China, and specify it in the loan contract.

Article 14 Calculation and collection of loan interest:

Lenders and borrowers shall collect or pay interest on schedule according to the loan contract and relevant interest-bearing provisions of the People's Bank of China.

When the loan extension period and the original term reach the new interest rate term grade, the loan interest will be charged at the new term grade interest rate from the date of extension.

Penalty interest is charged for overdue loans according to regulations.

Fifteenth loan interest:

According to the national policy, in order to promote the economic development of certain industries and regions, the relevant departments can subsidize the loan interest.

Loans subsidized by relevant departments shall be independently approved and issued by the undertaking bank, and strictly managed in accordance with the relevant provisions of these General Rules.

Article 16 Suspension, reduction, extension and interest-free of loans:

Except for the decision of the State Council, no unit or individual has the right to decide to stop, reduce, postpone and interest-free. The Lender shall specifically handle suspension, reduction, deferment and interest-free according to the decision of the State Council.

Chapter IV Borrower

Article 17 The borrower shall be an enterprise (institution) legal person, other economic organizations, individual industrial and commercial households or a natural person of China nationality with full civil capacity approved and registered by the administrative department for industry and commerce (or the competent authority). The borrower shall meet the following basic conditions when applying for a loan: the products are marketable, the production and operation are profitable, the credit funds have not been misappropriated, and the credit is strictly observed:

(a) has the ability to repay the principal and interest of the loan on schedule, and the original loan interest payable and the loan due have been paid off; If there is no repayment, a repayment plan approved by the lender has been made.

Two, except for natural persons and institutions that do not need the approval and registration of the industrial and commercial departments, the annual inspection procedures shall be handled by the industrial and commercial departments.

3. basic deposit account or general deposit account has been opened.

Four, except for limited liability companies and joint stock limited companies stipulated by the State Council, the accumulated amount of overseas equity investment shall not exceed 50% of its total net assets.

Verb (abbreviation of verb) The borrower's asset-liability ratio meets the requirements of the lender.

Six, to apply for medium and long-term loans, the proportion of new project owners' equity in the total investment required by the project is not less than the proportion of investment project capital stipulated by the state.

Article 18 the rights of the borrower;

First, you can apply for loans from the host bank or the agent bank of other banks independently and get loans according to the conditions;

Two, have the right to withdraw and use all the loans as agreed in the contract;

3. Have the right to refuse additional conditions other than the loan contract;

4. Have the right to report relevant information to the superior bank of the lender and the People's Bank of China;

Five, with the consent of the lender, have the right to transfer the debt to a third party.

Article 19 Obligations of the Borrower:

1. The Lender shall truthfully provide the information required by the Lender (except those that cannot be provided by law), and truthfully provide the Lender with all bank accounts, account numbers and deposit and loan balances, and the Lender shall cooperate with the investigation, review and inspection;

Two, should accept the lender's supervision of its use of credit funds and related production, operation and financial activities;

3. The loan shall be used for the purposes agreed in the loan contract;

Four, should pay off the loan principal and interest in time according to the loan contract;

5. The transfer of all or part of the debt to a third party requires the consent of the lender;

When intransitive verbs endanger the creditor's rights, they shall promptly notify the lender and take preservation measures.

Article 20 Restrictions on the Borrower:

1. No loan may be obtained from two or more branches at the same level within the same jurisdiction of a lender.

Two, shall not provide false or conceal important facts to the lender's balance sheet, income statement, etc.

Three, shall not use loans to engage in equity investment, unless otherwise stipulated by the state.

Four, the loan shall not be used for speculation in securities and futures.

Five, in addition to the borrower who has obtained the qualification to operate real estate according to law, shall not use loans to operate real estate business; Borrowers who have obtained real estate business qualifications according to law shall not use loans to engage in real estate speculation.

Six, not to borrow with loans to seek illegal income.

Seven, shall not use loans in violation of the provisions of the state administration of foreign exchange.

Eight, shall not take fraudulent means to defraud loans.

Chapter V Lenders

Article 21 A lender must be approved by the People's Bank of China to operate the loan business, hold the License for Legal Person of Financial Institution or the Business License of Financial Institution issued by the People's Bank of China, and be approved and registered by the administrative department for industry and commerce.

Article 22 The rights of the lender:

To independently review and decide on loans according to loan conditions and loan procedures, and have the right to refuse any unit or individual to force them to issue loans or provide guarantees, except for specific loans approved by the State Council.

1. Ask the borrower to provide information related to the loan;

Two, according to the borrower's conditions, decide whether to loan, loan amount, duration and interest rate;

Three, understand the borrower's production and business activities and financial activities;

Four, according to the contract from the borrower's account to collect the loan principal and interest;

Five, 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 loan not used according to the contract;

Six, in the loan will suffer or have suffered losses, according to the provisions of the contract, take measures to make the loan from losses.

Article 23 Obligations of the Lender:

1. The type, term and interest rate of loans operated shall be announced, and the borrower shall be consulted.

Two, the credit content of the loan review and the conditions for issuing loans should be made public.

Three, the lender should consider the borrower's loan application, and timely reply whether the loan. The response time of short-term loans shall not exceed 1 month, and the response time of medium-and long-term loans shall not exceed 6 months; Unless otherwise stipulated by the state.

Four. The borrower's debt, finance, production and operation shall be kept confidential, except for inquiries according to law.

Article 24 Restrictions on Lenders:

1. Loans must be issued in strict accordance with the relevant provisions of Article 39 of the Law of People's Republic of China (PRC) Commercial Bank on the management of asset-liability ratio. Article 40 stipulates that the conditions for granting credit loans and loans guaranteed by related parties shall not be better than those of other borrowers.

Two, the borrower has one of the following circumstances, shall not issue loans:

(-) does not have the qualifications and conditions stipulated in Article 17 of Chapter IV of these General Rules;

(two) production, operation or investment in products and projects prohibited by the state;

(3) Violating the provisions of the State on foreign exchange control;

(four) the construction project has not obtained the approval documents, and shall be reported to the relevant departments for approval in accordance with the provisions of the state;

(five) the production, operation or investment projects have not obtained the permission of the environmental protection department;

(six) in the process of institutional changes such as contracting, leasing, joint venture, merger (merger), cooperation, division, paid transfer of property rights, and shareholding system reform. , the original loan debt is not paid off, the original loan debt is implemented or the corresponding guarantee is provided;

(seven) there are other serious illegal business practices.

Three, without the approval of the people's Bank of China, no monetary loans may be issued to any natural person.

Four, self loans and specific loans, in addition to the provisions of the people's Bank of China interest. No other fees shall be charged; Entrusted loans, in addition to the provisions of the people's Bank of China to collect fees, shall not charge any other fees.

Five, shall not advance funds to the client, unless otherwise stipulated by the state.

Six, strictly control credit loans, and actively promote secured loans.

Chapter VI Loan Procedures

Article 25 Application for loan: If the borrower needs a loan, he shall directly apply to the host bank or the agent bank of other banks. The borrower shall fill in the application for refusing the loan, including the loan amount, loan purpose, repayment ability and repayment method, and provide the following information:

1. Basic information of the borrower and guarantor;

Two, the financial department or accounting (audit) firm approved the last year's financial report, as well as the previous financial report to apply for loans;

Three, the original unreasonable occupation of loans to correct the situation;

4. List of collateral and pledge, as well as the certificate that the person who has the right to dispose of the collateral and pledge agrees to guarantee, and the relevant documents that the guarantor agrees to guarantee intention;

Verb (abbreviation of verb) project proposal and feasibility report;

Other relevant information deemed necessary by the lender.

Twenty-sixth borrowers credit rating evaluation:

The borrower's credit rating should be evaluated according to factors such as the borrower's leadership quality, economic strength, capital structure, performance, operating efficiency and development prospects. Rating can be carried out by the lender independently and internally, or by an evaluation agency recognized by the competent department.

Twenty-seventh loan investigation:

After accepting the borrower's application, the lender shall check the borrower's credit rating and the legality, safety and profitability of the loan, verify the collateral, pledge and guarantor, and determine the loan risk.

Twenty-eighth loan approval:

The lender shall establish a loan management system of separate examination and grading approval of loans. The examiner shall verify and evaluate the information provided by the investigators, retest the loan risk, put forward opinions and submit for approval according to the prescribed authority.

Twenty-ninth signed a loan contract:

All loans shall be signed by the lender and the borrower. The loan contract shall stipulate the loan type, loan purpose, amount, interest rate, loan term, repayment method, rights and obligations of both borrowers and borrowers, liabilities for breach of contract and other matters that both parties think need to be agreed.

To guarantee a loan, the guarantor shall sign a guarantee contract with the lender, or the guarantor shall specify the guarantee terms agreed with the lender in the loan contract, affix the official seal of the guarantor as a legal person, and sign the name of the guarantor's legal representative or its authorized agent. The mortgagor, pledger and lender shall sign mortgage contract and pledge contract for mortgage loan. If registration is required, it shall be registered according to law.

Article 30 Loan issuance:

The lender shall issue the loan on schedule as stipulated in the loan contract. If the Lender fails to issue the loan on schedule as agreed in this Contract, it shall pay liquidated damages. If the borrower fails to use the money as agreed in the contract, it shall pay liquidated damages.

Article 31 Post-loan inspection:

After the loan is issued, the lender shall conduct follow-up investigation and inspection on the borrower's execution of the loan contract and operation.

More "laws and regulations on loan implementation" are on the next page.

Bank loan laws and regulations

According to the relevant laws of our country, commercial bank loans should follow the provisions of asset-liability ratio management, such as capital adequacy ratio of not less than 8%; The ratio of current assets balance to current liabilities balance shall not be less than 25%.

Legal basis:

Article 39 of the Law of People's Republic of China (PRC) Commercial Bank shall abide by the following provisions on the management of asset-liability ratio: (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 10%. (4) Other provisions of the State Council Banking Regulatory Authority on the management of asset-liability ratio. If the asset-liability ratio of a commercial bank established before the implementation of this law does not meet the provisions of the preceding paragraph after the implementation of this law, it shall meet the provisions of the preceding paragraph within a certain period of time. Specific measures shall be formulated by the State Council.

Legal provisions on loans from financial institutions

Legal analysis: According to the monetary policy objectives and economic and financial situation, the head office of the People's Bank of China decides the total amount and structure of loans to financial institutions, rationally allocates and flexibly allocates funds, maintains the basic stability of the currency, and promotes the sustained, stable and coordinated development of the national economy. The People's Bank of China implements the principle of "unified planning and hierarchical management" and the management measures of "quota management and balance monitoring" in the system of the People's Bank of China. All branches of the People's Bank of China must issue loans to financial institutions within the limits approved by the superior bank.

Legal basis: Interim Measures of the People's Bank of China for the Administration of Loans to Financial Institutions Article 5 The People's Bank of China adheres to the principle of "reasonable issuance, fixed term, recovery at maturity and recycling" for loans to financial institutions. According to the assets and liabilities of financial institutions, examine whether the use of their funds meets the requirements of national industrial policies and monetary and credit policies, and issue loans within the limits approved by higher-level banks to adjust the surplus and deficiency. All financial institutions should adhere to self-balance, face the market and stress the efficiency of capital use.

Provisions on Private Lending in the New Civil Code

The Civil Code of People's Republic of China (PRC) has been implemented since 202 1 1, and the Supreme People issued the revised Provisions of the Supreme People on Several Issues Concerning the Applicable Law in the Trial of Private Lending Cases in 2020 1. The Supreme People's Court's Provisions on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases (revised in 2020) was formulated in accordance with the Civil Law of People's Republic of China (PRC), the Civil Procedure Law of People's Republic of China (PRC) and the Criminal Procedure Law of People's Republic of China (PRC), combined with trial practice. Its content is the judicial provisions of the Civil Code on private lending.

Legal basis:

Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases

Article 9 A loan contract between natural persons shall be deemed to be established under any of the following circumstances:

(1) Pay in cash from the date when the borrower receives the loan;

(2) If the payment is made by bank transfer or online electronic remittance, it shall be counted from the time when the funds reach the borrower's account;

(3) If the bill is delivered, it shall be from the date when the borrower obtains the bill right according to law;

(4) When the lender authorizes the borrower to control a specific fund account, the borrower obtains actual control over the account;

(5) The lender provides the loan in other ways agreed with the borrower and actually performs it.

Thirteenth in any of the following circumstances, the private loan contract shall be deemed invalid:

(a) Obtaining loans from financial institutions for lending;

(2) Lending money from other profit-making legal persons, raising funds from employees of the unit or illegally absorbing funds from public deposits;

(3) Lenders who have not obtained the loan qualification according to law provide loans to unspecified social objects for the purpose of making profits;

(four) the lender knows or should have known in advance that the borrower's loan is used for illegal and criminal activities, but still provides loans;

(5) Violating the mandatory provisions of laws and administrative regulations;

(6) Violating public order and good customs.