This regulation aims to reduce the debt pressure of borrowers and promote the stable and healthy development of financial markets.
One or six ministries and commissions jointly issued regulations.
Recently, the People's Bank of China, the China Banking Regulatory Commission, the China Securities Regulatory Commission, the National Development and Reform Commission, the Ministry of Finance and the Ministry of Industry and Information Technology jointly issued regulations for banks to reduce penalty interest. This provision makes it clear that banks can reduce the penalty interest of borrowers under certain circumstances to reduce their repayment burden.
II. Conditions and scope of penalty interest reduction and exemption
According to the regulations, borrowers who meet the following conditions can apply to the bank for reduction of penalty interest: repayment is difficult due to force majeure factors such as epidemic situation and natural disasters; Penalty interest arising from banking system failure or operational error; And small and medium-sized enterprises that are in line with the national industrial policy orientation and have good development prospects. At the same time, the regulations also clarify the specific scope of penalty interest reduction, including partial or full penalty interest and deferred repayment.
Three. Procedures for applying for reduction of penalty interest
If the borrower needs to apply to the bank for the reduction of penalty interest, it should follow the following procedures: First, submit a written application to the bank where it is located, explaining the reasons, amount and time limit for applying for the reduction of penalty interest; Secondly, the bank examines the application to confirm whether it meets the conditions for reduction or exemption; Finally, according to the audit results, the bank decides whether to give penalty interest relief and specific relief methods.
Four. Positive response and implementation of banks
Since the six ministries and commissions issued the penalty interest reduction regulations, major banks have responded positively and implemented relevant policies. When reviewing the borrower's application, the bank pays attention to the actual situation to ensure that the policy can really benefit borrowers in need. At the same time, the bank has also strengthened the risk assessment and loan management of borrowers to ensure that the penalty interest reduction policy will not trigger new financial risks.
To sum up:
Six ministries and commissions stipulate that reducing the penalty interest of banks is a policy that is beneficial to borrowers and promotes the stability of financial markets. Eligible borrowers can apply for the reduction of penalty interest in accordance with the prescribed procedures to reduce the repayment pressure. When implementing policies, banks should pay attention to risk control and loan management to ensure the effectiveness and sustainability of policies.
Legal basis:
Banking Supervision Law of the People's Republic of China
Article 34 provides that:
According to the requirements of prudential supervision, the banking supervision institution may take the following measures to conduct on-site inspection:
(1) Entering banking financial institutions for inspection;
(2) Asking the staff of banking financial institutions to explain the relevant inspection items;
(3) Consulting and copying documents and materials related to the inspection of banking financial institutions, and sealing up documents and materials that may be transferred, concealed or damaged;
(four) to check the system of banking financial institutions using electronic computers to manage business and financial data.
Contract law of the people's Republic of China
Article 1 14 stipulates:
The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the situation of breach of contract, and may also agree on the calculation method of the amount of compensation for breach of contract.
If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to reduce them appropriately.
If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.