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What are the conditions for the project loan? How to borrow projects?
Four basic conditions of project loan

The project must have capital, and it is the proportion stipulated by the state, and the project conforms to the loan investment of the loan bank and the national industrial and credit policies; If the project needs the approval of relevant departments, the approval documents of relevant departments must be held before applying for loans; If the project is established in an area where loan certificate management is implemented, a loan certificate issued by China People's Bank is required.

1. Project loan refers to the method of financing a specific project. It is a form of international medium-and long-term loans, which is the abbreviation of project loans. Due to inflation and the sharp increase in the cost of new large-scale engineering projects, investment risks are also increasing; In addition, some government or enterprise funds are occupied by ongoing projects, which also makes it impossible to hold new large-scale projects.

Second, in order to promote the construction of large-scale projects and explore new ways to use funds, some banks have started this kind of project loan business. This kind of business is different from all kinds of traditional financing business. In addition to the project sponsor, a newly established project unit is needed to raise funds, build and manage the project. This is also one of its characteristics.

3. Project loan, also known as project financing, or project financing, is a financing method in which the project itself has a relatively high feasibility of return on investment or is secured by a third party mortgage. The main mortgage forms are: project management right, project property right and special government support (attached documents). The biggest difference between project financing and general loans is that the funds for repayment of loans come from the project itself, not other sources.

Fourth, project loans are generally medium and long-term loans, and there are also short-term loans for the purpose of temporary turnover of projects. ICBC's project loans are classified according to project nature, purpose, enterprise nature and different stages of product development and production. There are mainly the following kinds of loans.

In order to fully meet the needs of different customers, the bank also developed project loans such as temporary revolving loans and M&A loans.

What are the conditions for the project to apply for a mortgage loan?

1. According to the judicial interpretation of the guarantee law, the Measures for the Administration of Urban Real Estate Mortgage and other laws and regulations, the mortgage of projects under construction must meet the following conditions:

1. The purpose of mortgage loans for projects under construction is the funds needed for the continued construction of projects under construction. Before the promulgation of the Property Law, credit customers were not allowed to provide guarantees for other people's debts with projects under construction, nor were they allowed to use their own debts as guarantees for other purposes. They could only be used for loans to obtain funds for the continued construction of projects under construction. After the implementation of the Property Law, the mortgage of projects under construction can mortgage other types of creditor's rights, but there is no restriction on the types of mortgage guarantees for projects under construction.

2. The land occupied by the project under construction has paid all the land transfer fees and obtained the state-owned land use right certificate.

3. Mortgaged projects under construction must have obtained land use right certificate, construction land planning permit and construction project planning permit. The Measures for the Administration of Urban Real Estate Mortgage clearly stipulates that the mortgage contract for projects under construction shall specify the serial numbers of three certificates: land use right certificate, construction land planning permit and construction project planning permit. At the same time, the mortgage of the project under construction must also obtain the construction permit.

4. The self-owned funds invested in the project must reach more than 25% of the total investment of the project construction, and the project construction progress and project completion delivery date have been determined.

Second, the possible risks of mortgage of construction in progress:

1. Legality risk of construction in progress.

According to the relevant laws and regulations, the mortgagor must have obtained the state-owned land use right of the land occupied by the project under construction, and at the same time must have obtained the construction land planning permit and other documents from relevant departments. According to the Measures for the Registration of Urban Real Estate Mortgage by the Ministry of Construction and the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Guarantee Law of People's Republic of China (PRC), the borrower of mortgage loan for projects under construction can only be the mortgagor, and the lender can only be a financial institution (usually a bank), and the loan can only be used for the continuation funds of projects under construction.

2. Value determines risk.

The scope of mortgage right of construction in progress is limited to the construction in progress that has been completed and registered at the time of mortgage and the corresponding proportion of land use right within the scope of construction in progress, but it does not include the number of floors that continue to be added to the construction in progress after registration and the land use right outside the occupied scope.

3. Contract risk.

The Ministry of Construction's Measures for the Registration of Urban Real Estate Mortgage stipulates that when the project under construction is mortgaged, the mortgage contract shall also contain the following contents:

(1) serial number of three certificates: state-owned land use right certificate, construction land planning permit and construction project planning permit;

(two) the paid land use right transfer fee or the amount equivalent to the payable land use right transfer fee;

(three) the project funds that have been invested in the projects under construction;

(4) Construction progress and project completion date;

(5) Workload and quantities completed. If the general mortgage contract is adopted, it is likely to lead to the invalidation of the mortgage contract for the project under construction.

How to handle construction machinery loans

For construction machinery loans, it refers to loans used by factories to purchase large-scale construction machinery and equipment. For construction machinery loans, the amount is generally relatively large, so how to handle construction machinery loans has become a lot of questions. Here's how to apply for construction machinery loans.

Conditions for handling construction machinery loans:

1. The borrower must be a natural person between 18 and 60 years old, have full capacity for civil conduct and meet the conditions of individual loan object.

2. The borrower's area is within the business jurisdiction of the branch, and I have a valid residence certificate, and I also need a valid and legal identity certificate.

3. For the borrower, it is necessary to have operational qualifications or be in the name of a company with professional operational qualifications.

4. For the borrower, it is necessary to have a certain mechanical related major, engage in related majors for more than one year, and have certain repayment ability.

5. Meet other conditions stipulated by the bank.

Construction machinery loan process

1. The applicant purchases or leases construction machinery at the dealer designated by the bank, and signs a purchase or lease contract or agreement;

2. The applicant submits a loan application to the bank, fills in the loan application form and submits relevant certificates and materials to the bank;

3. The bank examines the documents, materials and "personal credit report" submitted by the borrower and the guarantor;

4. Both parties sign the loan contract and the corresponding guarantee contract, and go through the relevant insurance and mortgage registration procedures;

5. The bank issues loans, and the loan funds are transferred by the bank to the account opened by the seller or lessor of construction machinery in the bank;

6. The borrower repays the principal and interest according to the agreed repayment method, and goes through the mortgage registration cancellation procedures after paying off all the loan principal and interest;

Can the project contract be loaned?

First of all, answer directly.

No Mortgage the project under construction, find an evaluation firm recognized by the bank, evaluate the project under construction, and then mortgage it to the bank for loan. The advantage of this method is that the cost is lower than other methods. The condition of the project contract loan is that the project has obtained the land certificate and building permit, and its own funds account for more than 25% of the total investment. The purpose of mortgage loans for projects under construction is the funds needed for the continued construction of projects under construction.

Second, analysis

Loan means that banks, credit cooperatives and other institutions lend money to units or individuals who use money, and generally agree on interest and repayment date. Loans refer to loans, discounts, overdrafts and other borrowing funds. Banks put concentrated money and monetary funds out through loans, which can meet the needs of social expansion and reproduction and promote economic development. At the same time, banks can also obtain loan interest income and increase their own accumulation.

Third, the project contract type?

1, the contract price of the lump sum contract is fixed, and the fixed total price is to contract the project according to the agreed total price. Based on drawings and engineering specifications, it is characterized by defining the contract content, calculating the package price and ensuring that the contract is paid in one lump sum;

2. The contract price of the bill of quantities valuation contract is based on the bill of quantities and the unit price table.

3. The contract price of the cost plus compensation contract. The basic feature of this contracting method is to determine the total cost of the project according to the actual cost of the project, plus the agreed total management fee and profit.

How much can a general project loan borrow?

The general project loan can be about 6.5438+0.5 million. Because the decoration loan business launched by various banks is different, the amount is also different. For example, the maximum decoration loan that ICBC can apply for cannot exceed 50% of the total cost of the decoration project, and the amount of a single loan cannot exceed 6.5438+0.5 million yuan in principle.

In addition, there are differences in the maximum amount of loans for secured renovation projects and unsecured renovation projects. For example, the bank's unsecured decoration consumer loan, the general maximum loan amount is 500,000 yuan, and the maximum loan amount is usually only about 4-8 times the individual's monthly income. If you apply for a decoration loan with a property as collateral, the loanable amount given by banks is usually 70% of the value of real estate assessment, and the loan amount is relatively high.

How to calculate the interest on arrears of project funds?

Interest belongs to legal fruits. When the employer defaults on the project payment, it shall not only bear the responsibility of continuing to pay the project payment to the creditor, but also pay the interest on the overdue project payment. This is a legal obligation that the employer as a debtor should bear according to law, and it does not need to be agreed by both parties. As for the recording and payment standard of interest in arrears of construction projects, the judicial interpretation takes into account the principle of respecting the autonomy of the parties and fairness, and stipulates that if the parties have an agreement on the calculation standard of interest, it shall be handled in accordance with the agreement.

If there is no agreement between the parties, the interest shall be calculated according to the interest rate of similar loans published by the People's Bank of China for the same period. Interest shall be paid from the date when the project payment is due. How to determine the "project payment due date"? Judicial interpretation distinguishes between different situations and makes the following provisions respectively.

1. If the parties have an agreement on the payment time of the project, they shall respect the parties' expression of will and take the payment time agreed by both parties as the starting time for interest calculation.

2. If the parties have no agreement or unclear agreement on the payment time of the project, the following time shall be regarded as the payment time.

(1) If the construction project is actually delivered, it shall be the delivery date.

(2) if the construction project is not delivered for use, the date of submission of the completion settlement document; If the construction project is not delivered and the project payment is not settled, it shall be the date of the party concerned.

Is it okay to borrow money only from the project contract?

First, is it ok to borrow money from the project contract alone? The project under construction can be mortgaged, but it is not enough to have a contract. Mortgage the project under construction, find an evaluation firm recognized by the bank to evaluate the project under construction, and then mortgage it to the bank for loan. The advantage of this method is that the cost is lower than other methods, and the maximum loan amount is 50% of the assessed value, that is, the mortgage rate approved by the bank will not exceed 50%. So the possibility of loan approval is low. First, the project under construction is not a mortgage method recognized by every bank. Secondly, many banks have strict requirements on projects under construction, and it is not easy to approve them. It is suggested to find some local commercial banks or joint-stock banks with flexible policies. Second, what are the legal consequences of invalid engineering contracts? 1. Pay the project price according to the contract. According to the Supreme People's Court's Interpretation on Applicable Legal Issues in the Trial of Construction Contract Cases, the construction contract of the construction project is invalid. However, if the construction project has passed the completion acceptance, and the contractor requests to pay the project price according to the contract, it shall be supported. 2. Contractor undertakes repair costs According to the Supreme People's Court's Interpretation on Applicable Legal Issues in the Trial of Construction Contract Cases, the construction contract of the construction project is invalid, and the construction project fails to pass the completion acceptance. However, if the repaired construction project passes the completion acceptance and the employer requests the contractor to bear the repair costs, it shall be supported. 3. Non-payment of project funds According to the Interpretation of the Supreme People's Court on Applicable Legal Issues in the Trial of Construction Contract Cases, the construction contract of the construction project is invalid, and the completed acceptance of the repaired construction project is unqualified. If the contractor requests to pay the project price, it will not be supported. 4. The employer shall bear the corresponding civil liability according to the fault. According to the Supreme People's Court's Interpretation on Applicable Legal Issues in the Trial of Construction Project Contract Cases, if the employer is at fault, he shall also bear corresponding civil liabilities for the losses caused by unqualified construction project quality. To sum up, in the process of developing commercial housing projects, the builder needs to occupy a lot of money. If their own funds are not enough, they often borrow money from banks. If it is impossible to borrow money from the bank on the basis of the project contract, the bank will not approve it. The condition of project contract loan is that the developer obtains land certificate and construction permit, and its own funds account for more than half of the total investment.

So much for the introduction of how to loan the project.