micro-finance
I. Review risks
The emergence of loan risk often begins at the stage of loan review. Based on the disputes in judicial practice, we can see that the risks in the loan review stage mainly appear in the following links.
(1) The loan examiner of the bank was omitted from the review content, which led to credit risk. Loan review is a meticulous work, which requires investigators to systematically investigate and investigate the qualifications, qualifications, credit and property status of loan subjects.
(2) In practice, some commercial banks do not have due diligence, and loan examiners often only pay attention to the identification of documents without due diligence, so it is difficult to identify fraud in loans and it is easy to cause credit risk.
(3) Many wrong judgments are caused by banks not listening to experts' opinions on relevant contents, or by professionals making professional judgments. In the process of loan review, we should not only find out the facts, but also make professional judgments on relevant facts in legal and financial aspects. In practice, most loan review processes are not very strict and in place.
Second, the legal content of the pre-loan investigation
(1) Review the legal status of the borrower, including its legal establishment and continuous and effective existence. If it is an enterprise, it should examine whether the borrower is legally established and whether it has the qualifications and qualifications to engage in related businesses, and check the business license and qualification certificate. Pay attention to whether the relevant certificates have passed the annual inspection or related verification.
(2) Regarding the credit standing of the borrower, check whether the registered capital of the borrower is suitable for loans; Review whether there is any obvious withdrawal of registered capital; Past loans and repayments; And whether the borrower's product quality, environmental protection, tax payment, etc. are illegal and illegal that may affect the repayment.
(3) Regarding the borrower's loan conditions, whether the borrower has opened basic account and general deposit accounts in accordance with relevant laws and regulations; Whether the foreign investment of the borrower (if it is a company) exceeds 50% of its net assets; Whether the borrower's debt ratio meets the requirements of the lender;
(4) Regarding the guarantee, if it is guaranteed, the qualification, reputation and ability to perform the contract of the guarantor shall be investigated.