1. Banks or other financial institutions and their staff issue loans in violation of state regulations, and the amount is more than one million yuan;
2, in violation of state regulations to issue loans, resulting in direct economic losses of more than two hundred thousand yuan.
The crime of illegally issuing loans refers to the behavior that banks or other financial institutions and their staff violate the provisions of laws and administrative regulations, neglect their duties or abuse their powers to issue loans to others other than related parties, resulting in heavy losses.
1, loan application. Borrowers apply for loans from local banks. In addition to applying for small loans in rural areas, relevant information is required when applying for other types of loans.
(1) Basic information of the borrower and guarantor;
(2) the financial report of the previous year approved by the financial department or accounting (auditing) firm, and the financial report of the previous period of applying for a loan;
(3) the correction of the original unreasonable loan;
(4) List of collateral and pledge, the consent certificate of the person who has the right to dispose of the collateral and pledge, and the relevant certificates that the guarantor intends to agree to guarantee;
(5) Project proposal and feasibility report;
(6) Other relevant information deemed necessary by the Bank.
2. Credit rating evaluation. The bank evaluates the borrower's credit rating.
3. Loan survey. Banks investigate the legitimacy, safety and profitability of borrowers.
4. Loan approval. Banks should examine and approve loans in accordance with the loan management system of separation of examination and loan and grading examination and approval.
5. sign a contract. The bank signs a loan contract with the borrower.
6. Loan issuance. The bank issues loans on schedule according to the loan contract.
7. Post-loan inspection. The bank conducts follow-up investigation and inspection on the borrower's performance of the loan contract and operation.
8. Loan repayment. When the loan expires, the borrower shall repay the loan principal and interest in full and on time. If extension is needed, an application for extension should be submitted to the bank before the loan expires, and the bank will decide whether to extend it.
To sum up, employees of banks or other financial institutions who issue loans in violation of state regulations and the amount is huge or cause heavy losses shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined.
Legal basis:
Article 186 of the criminal law
Staff of banks or other financial institutions who issue loans in violation of state regulations, and the amount is huge or causes heavy losses, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is especially huge or especially heavy losses are caused, he shall be sentenced to fixed-term imprisonment of not less than five years and fined not less than 20,000 yuan but not more than 200,000 yuan.
Employees of banks or other financial institutions who issue loans to related parties in violation of state regulations shall be given heavier punishment in accordance with the provisions of the preceding paragraph.
If a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding two paragraphs.