1. Commercial application:
(1) The principal of the entrusted loan is an enterprise or institution as a legal person approved and registered by the administrative department for industry and commerce (or the competent authority).
(2) Companies that handle domestic entrusted foreign exchange loans must be enterprises listed in the Directory of Transnational Corporations approved by the State Administration of Foreign Exchange.
(3) The borrower in the entrusted loan can only be determined by the principal in writing, and shall not be designated by a third party other than the principal.
2. Compliance requirements:
(1) The source and use of clients' funds must comply with the Law on Commercial Banks, the General Rules on Loans and the relevant provisions of the State Administration of Foreign Exchange, and they must operate with their own RMB funds or their own foreign exchange funds.
(2) Foreign exchange entrusted loan funds shall adhere to the principle of full receipt and full payment, and shall not be deducted, written off, settled, used for settlement or pledged for RMB loans.
(3) Entrusted foreign exchange loans are limited to the investment and financial management mode of mutual borrowing of foreign exchange funds between domestic member companies of multinational corporations (overseas business will not be carried out for the time being), and are carried out in the form of entrusted loans in accordance with the provisions of the General Principles of Loans.
(4) The entrusted loan funds shall not be used for providing loans and guarantees to others, for projects that are restricted or prohibited by the state to support or repeat construction, for equity investment, or for securities and futures speculation.
(5) A listed company shall not violate the provisions of the Notice on Guarantee of Listed Companies on the qualifications of principals, and a listed company shall not provide funds to its controlling shareholders and other related parties through loans entrusted by banks and non-bank financial institutions.
The above contents are for your reference. Please refer to the actual business regulations.
Are there any specific restrictions on the source of funds for entrusted loans ~! ? For example, it can't be an investment fund or something ~! ? thank you
The state has no unified management measures for entrusted loans, but banks have formulated their own management systems, and the restrictions on the sources of funds are as follows:
1. Direct or indirect credit funds;
2. Do not accept entrusted funds that cannot prove that the source of funds is reasonable;
3. The general principal cannot be a financial institution, so it is necessary to limit the investment funds of the fund company.
What does entrusted loan mean?
Entrusted loan refers to the loan business in which the principal provides funds from legal sources, and the entrusted bank issues, supervises the use and assists in the recovery according to the loan object, purpose, amount, term and interest rate determined by the principal.
1. Entrusted loan refers to the loan business in which the principal provides funds from legal sources, and the entrusted business bank issues, supervises the use and assists in recovery on behalf of the principal according to the loan object, purpose, amount, term and interest rate determined by the principal. Customers include government departments, enterprises, institutions and individuals. Let's take an example to understand: Company A wants to borrow money from Company B, but because it has no loan qualification, there are only two ways to borrow money from Party A. The first way is to actually do a loan business through "fuzzy" treatment methods such as advance payment, capital occupation and capital exchange, which is also supported, but it is not clear that this business is the loan responsibility stipulated in the Contract Law. The second way is to entrust loans through banks or licensed financial institutions. So what are the specific benefits of entrusted loans?
Second, 1, the security bank will control the compliance of the whole loan. When there is collateral, it is generally mortgaged to the customer (that is, the bank), and the bank will supervise the collateral. If there are bad debts in the future, it will be more convenient to dispose of the collateral.
2. Credit management is more standardized. Banks can check and report credit information, which is more deterrent to the credit management of borrowers.
3. In the tax declaration, the actual interest rate of entrusted loans can be deducted from the bank for tax declaration, while the loans between enterprises and non-financial institutions are usually declared according to the benchmark interest rate of bank loans in the same period, so the corresponding preferential tax treatment cannot be obtained.
4. In the examination and approval of entrusted loans, banks are more suitable for industries with high leverage and high capital cost, such as real estate. Now entrusted loans are very beneficial, because the state has introduced relevant policy support.
Third, the Administrative Measures for Entrusted Loans of Commercial Banks clearly stipulates the sources of entrusted loans, which can prevent idle credit funds, guide credit funds to better serve the real economy, and promote the healthy development of enterprises, especially small and medium-sized enterprises. Generally speaking, entrusted loans have expanded the loan amount and facilitated more individuals and enterprises to obtain loans smoothly. The current financing environment is in a relatively relaxed state, which is a good time for loans.
This is the end of the introduction about the source of enterprise entrusted loan funds and who is the lender of entrusted loan funds. I wonder if you have found the information you need?