Legal analysis: handling materials: the original ID card of the borrower and his spouse; Original marriage certificate. Note: The retained balance of each account shall not be less than the difference between the monthly deposit amount of the deposit account at the time of signing the Agreement on Monthly Withdrawal and Repayment of Commercial Loans and the monthly repayment amount of the deposit account, that is, 12 times.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 667 A contract for repaying a loan and paying interest during the term of a loan contract.
Article 680 usury is prohibited, and the loan interest rate shall not violate the national interest rate. If there is no agreement, it is regarded as no interest. If the loan contract does not specify the payment method of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or the parties' trading methods, trading habits, market interest rates and other factors; Loans between natural persons are regarded as interest-free.
"Regulations on the Management of Housing Provident Fund" Article 12 The Housing Provident Fund Management Committee shall, in accordance with the relevant provisions of the People's Bank of China, designate a commercial bank entrusted with the financial business of housing provident fund (hereinafter referred to as the entrusted bank); The housing provident fund management center shall entrust the entrusted bank to handle the procedures for the establishment, deposit and return of housing and housing provident fund accounts. The housing provident fund management center shall sign a power of attorney with the entrusted bank.
Second, how to handle the entrustment procedures of provident fund?
The withdrawal of provident fund shall be handled by myself. If it is really necessary to entrust others to extract, the drawer shall hold the drawer's power of attorney, the drawer and the original and photocopy of the drawer's ID card on the premise that the drawer has set the password.
So,
First, you go to the housing provident fund center to set the password and tell this person to withdraw it.
Second, write a power of attorney, sign it and let him take it.
Third, take your ID card and copy.
I just went today ~ ~ ~
3. What are the procedures for entrusting the withdrawal of provident fund?
1. The first time you withdraw the provident fund, you must do it yourself.
2. If I can't handle the extraction business in person, it shall be handled by the unit manager. In addition to extracting the required materials, I need to provide the power of attorney for individual extraction of housing provident fund, the ID card of the manager, the list of collective extraction of housing provident fund and the power of attorney for collective extraction of housing provident fund issued by the unit.
3. If entrusting others (including spouses) to act as agents, in addition to extracting the required materials, it shall also provide the agent's ID card (original and photocopy), the original notarial certificate and a photocopy of the client's ID card. Note: Generally, as long as the matters involved in notarization entrustment extraction are clear and legally effective, and there is no fixed format, notarial certificates issued in different places or in this city can be used. Please consult the notary office for details and format of the notarial certificate.
Fourth, the provident fund entrustment.
Do you know the process and precautions of entrusting an intermediary to handle provident fund loans? Nowadays, most people buy houses through intermediaries, whether they are looking at houses or going through formalities. However, when entrusting intermediaries to handle provident fund loans, we should remember one principle: only entrust large intermediary companies with good reputation and good reputation, which is also the key to real estate security transactions. To this end, I have compiled more knowledge about the process and matters needing attention of entrusting an intermediary to handle provident fund loans. Let's take a look at Bian Xiao.
Do you know the process and precautions of entrusting an intermediary to handle provident fund loans? Nowadays, most people buy houses through intermediaries, whether they are looking at houses or going through formalities. However, when entrusting intermediaries to handle provident fund loans, we should remember one principle: only entrust large intermediary companies with good reputation and good reputation, which is also the key to real estate security transactions. Therefore, I sorted out some procedures and precautions for entrusting intermediaries to handle provident fund loans. Generally speaking, you need to bring your ID card to apply for provident fund loans. Of course, I can also apply for provident fund loans through an intermediary, as long as I provide relevant documents. Then, what is the process of entrusting an intermediary to handle provident fund loans? 1. Loan consultation The borrower directly consults with the intermediary company and gets the personal housing provident fund loan folder. 2. Submit an application. The buyer, the seller and their spouses (who are single and issue the certificate of civil affairs bureau's marital status) go to the loan bank for pre-trial registration with the ownership certificate of the house, the state-owned land use right certificate, the household registration book, the ID card, the marriage certificate, the house evaluation report, and the original and copy of the passbook opened by the seller in the name of the seller, and submit the loan application materials (the same as the self-management materials). 3. The bank that signed the loan contract accepts the information of the loan applicant, and the bank submits it to the provident fund center for approval to determine the loan amount and term; Intermediary companies handle the transfer procedures of real estate licenses and land certificates for buyers and sellers of houses and provide staged guarantee commitments; The loan bank signs a loan and mortgage contract with the borrower. 4. After the house ownership certificate is transferred, the provident fund center can issue the loan funds with the receipt of the house ownership certificate and the land use certificate, and directly transfer the loan funds to the seller's deposit account through bank transfer. 5. Handling mortgage intermediary companies continue to handle housing two certificates and housing mortgage registration procedures for borrowers, and hand over other house warrants to loan banks for safekeeping and filing. 6. Monthly repayment of the next month, the borrower shall repay the loan principal and interest on time before the 20th of each month according to the loan contract, until the loan is fully paid off. When the borrower pays off the remaining loan for the last time, he should go to the loan bank in person and go through the repayment settlement procedures at the bank counter. 7. After the cancellation of the mortgage borrower pays off all the loan principal and interest, he shall go through the mortgage registration cancellation formalities at the original real estate mortgage registration department with the loan settlement certificate and the mortgage cancellation certificate issued by the loan bank. Special reminder: there is a certain risk in charging the intermediary loan part of the provident fund, so it is necessary to be cautious in choosing intermediary loans. Entrusting an intermediary to handle provident fund loans must find a formal and relatively large intermediary. The most important thing is to let the buyer remit the money directly to your account. It is best not to transfer money through an intermediary, so as not to delay the time of giving you money and delay your own affairs. The above is the knowledge about the process and precautions of entrusting an intermediary to handle provident fund loans. I hope it helps you. If you have any questions, you can contact a lawyer to answer them.