Chapter 1 General Provisions Article 1 is to strengthen the management of corporate time deposit certificate pledge loans, in accordance with the "Law of the People's Republic of China on the People's Bank of China", the "Guarantee Law of the People's Republic of China" and Other relevant laws and administrative regulations shall formulate these regulations. Article 2 These regulations shall apply to corporate time deposit certificate pledge loan activities within the territory of the People's Republic of China.
The units referred to in these regulations include enterprises, institutions, social groups and other organizations. Article 3 The term "unit time deposit certificate" as mentioned in these regulations refers to the RMB time deposit right certificate that the borrower entrusts the lender to apply to the financial institution that accepts deposits (hereinafter referred to as the depository bank) based on the account opening certificate for the purpose of handling the pledge loan.
Unit time deposit certificates can only be issued and used for the purpose of pledge loans.
When an entity applies for time deposits at a financial institution, the "Confirmation of Account Opening for Institutional Time Deposits" issued by the financial institution shall not be used as a pledge of rights. Article 4: Loans pledged by time deposit certificates of entities shall abide by national laws and administrative regulations, and follow the principles of equality, voluntariness, good faith and good faith. Chapter 2 Issuance and Confirmation of Corporate Time Deposit Certificates Article 5 When applying for a loan pledged by corporate time deposit certificates, in addition to submitting documents and materials in accordance with other relevant regulations, the borrower shall also submit the following documents and materials to the lender:
(1) Account opening certificate, including account opening certificate owned by the borrower or owned by a third party and provided to the borrower;
(2) The depositor entrusts the lender to apply for the issuance unit from the deposit bank Power of attorney for time deposit certificates;
(3) The depositor’s reserved seal or password at the depository bank.
If the account opening certificate is provided to the borrower by a third party, an agreement in which the third party agrees to be used by the borrower for the purpose of pledge loan should be submitted at the same time. Article 6: If the lender approves the borrower's loan application after review, it shall submit the account opening certificate and the power of attorney for issuance of corporate time deposit certificates to the depository bank, and apply to the depository bank for issuance of corporate time deposit certificates and confirmation letters.
If the lender does not agree with the borrower's loan application after review, it shall return the account opening confirmation and power of attorney to the borrower in a timely manner. Article 7 After receiving the relevant materials submitted by the lender, the depository bank shall carefully examine whether the account opening certificate is authentic, whether there is a real deposit relationship between the depositor and the bank, and whether the reserved seal or seal on the application form for issuing the unit's time deposit certificate Whether the password provided is consistent with the seal or password reserved by the depositor when making a deposit. When necessary, the depository bank can verify the relevant situation with the depositor. Article 8 If the depository bank deems after review that the deposit certified by the account opening certificate is authentic, it shall retain the user’s confirmation and the third party’s agreement for the borrower to use its account opening certificate, and issue the deposit within 3 days after receiving the relevant materials from the lender. The unit's time deposit certificate will be issued within working days.
Deposit banks are not allowed to issue false corporate time deposit certificates that have no deposit relationship or corporate time deposit certificates that are inconsistent with the real deposit situation. Article 9 The deposit bank shall confirm the unit's time deposit certificate while issuing the unit's time deposit certificate. After confirmation, if it believes that the contents of the deposit certificate are true, it shall issue a confirmation letter for the unit's time deposit certificate. The confirmation letter should be signed by the person in charge of the deposit bank and stamped with the official seal of the unit, and submitted to the lender together with the unit's time deposit slip. Article 10 The contents confirmed by the deposit bank on the unit's time deposit certificate include:
(1) Whether the issuing institution, account name, account number, deposit amount, deposit certificate number, term, interest rate, etc. stated in the unit's time deposit certificate are correct Be true and accurate;
(2) Whether the reserved seal or password provided by the borrower is consistent;
(3) Other matters that need to be confirmed. Article 11 If after review, the depository bank finds that the matters contained in the account opening certificate are inconsistent with the account records, it shall not issue a unit time deposit certificate and promptly notify the lender. If it believes that there is a crime suspect, it shall report the case to the judicial authority in a timely manner. Article 12 When the confirmed unit time deposit certificate is used for loan pledge, the pledged loan amount shall not exceed 90% of the confirmed amount. Article 13: Lenders shall not accept unconfirmed corporate time deposit certificates as guarantee for loans.
Article 14 The lender shall properly keep the pledged unit time deposit certificates and the reserved seals and passwords provided by the borrower or a third party. If they are lost, damaged or leaked due to poor safekeeping, the lender shall bear the responsibility. Chapter 3 Pledge Contract Article 15 When applying for a loan pledged by an entity's time deposit certificate, the lender and the pledger shall enter into a written pledge contract. If a pledge clause is entered into in a loan contract, the pledge clause shall comply with the provisions of this chapter. Article 16 The pledge contract shall specify the following contents:
(1) The name, address or business place of the pledger, borrower and pledgee;
(2) The type, amount, term, interest rate, purpose of the loan and loan contract number of the guaranteed loan;
(3) The number of the unit’s time deposit certificate and the type, account name, account, opening institution and amount of the deposit contained therein , term, interest rate;
(4) Scope of pledge guarantee;
(5) Whether the depository bank has confirmed the unit’s time deposit certificate;
(6) ) Custody responsibility of the unit’s time deposit certificate;
(7) Ways to realize the pledge;
(8) Liability for breach of contract;
(9) Resolution of disputes Method;
(10) Other matters deemed necessary by the parties.