Provisions of Bank of China on the Use of Personal Consumption Loans:
You should submit the loan materials. The use of funds below the quota shall be handled by the original agency, and the use of funds shall be submitted one by one, and the following materials shall be provided before use:
1. Proof of loan use: invoices, contracts and other relevant supporting materials for purchasing goods; In view of the special circumstances of providing a description of the loan purpose, the borrower shall ensure the legality of the loan purpose, and shall not violate the relevant laws and regulations and the relevant provisions of the People's Bank of China and the China Banking Regulatory Commission on the use of personal loans, and shall not misappropriate them at will.
2. According to the Interim Measures for the Administration of Personal Loans issued by the CBRC, the borrower shall provide effective counterparty account information by means of entrusted payment. To meet the conditions of independent payment, you need to submit personal account information.
3. If the time interval between the use of funds and the approval of the quota is more than 6 months, the latest income certificate and supporting materials shall be submitted. Specific to the requirements of the organization.
4. Other materials required by the organization.
Due to differences in business in individual regions, please consult our acceptance outlets or call our customer service hotline 95566 (please call 86 10-95566 for overseas and Hong Kong, Macao and Taiwan regions) for details.
The above contents are for your reference. Please refer to the actual business regulations.
The CBRC said that 30% of the loans should be given to banks. Is it true?/You don't say.
This is not true. Obviously, this loan is not from the bank. Small loan platforms often cheat lenders to freeze bank cards on the grounds of writing mistakes, and ask lenders to pay for unfreezing. I cheated 30% of the money, so I couldn't pay the money and stopped the loan operation. Call the police if necessary. The CBRC supervises banks, regardless of the freezing of personal loans.
First, make sure to call the banking regulatory bureau. Secondly, if the bank card is written incorrectly, it cannot be checked with the cardholder's name information. If the loan process fails, the account will be unfrozen by handling relevant procedures and submitting materials. It won't cost money.
Loan process:
1, loan application link: customers must explicitly apply to banks and other lending institutions and fill in the application materials; 2. Loan approval link: the lending institution also needs to approve the application materials submitted by the lender;
3. Sign loan contract: After approval, they will sign loan agreement, guarantee contract, etc. , depending on the actual situation;
4. Lending: Lending institutions issue loans according to the agreed amount;
5. Loan payment: The borrower must pay off the loan. Repayment includes timely repayment and early repayment, and the borrower can choose.
Information:
China Banking Regulatory Commission (hereinafter referred to as: China Banking Regulatory Commission or CBRC; English: China Banking Regulatory Commission was established on April 25th, 2003, which is a ministerial organization directly under the State Council. According to the authorization of the State Council, we shall uniformly supervise and manage deposit-taking financial institutions such as banks, financial asset management companies and trust and investment companies, and safeguard the lawful and steady operation of the banking industry. China Banking and Insurance Regulatory Commission, China has established 36 banking regulatory bureaus in 365,438+0 provinces (cities, autonomous regions) and 5 cities under separate state planning, banking regulatory branches in 306 regions (prefecture-level cities, autonomous prefectures and leagues) and regulatory offices in 65,438+0,730 counties (county-level cities, autonomous counties, banners and autonomous banners). The whole system is managed with reference to the Civil Service Law.
Banking Regulatory Bureau is a branch of China Banking Regulatory Commission, which is responsible for supervising the operation and risk control of all banks in China, and supervising and managing the establishment, alteration, termination and business activities of relevant banking financial institutions and their branches; Investigate and deal with financial violations according to law; Examining and approving the qualifications of senior managers; Statistics related data and information; Responsible for party building, discipline inspection and cadre management within the jurisdiction.
Measures for the administration of personal loans under banking supervision
Reply of China Banking Regulatory Commission to the Interim Measures for the Administration of Personal Loans (Draft for Comment)
Recently, the China Banking Regulatory Commission exposed the draft of the Interim Measures for Handling Personal Loan Business (hereinafter referred to as the "Measures"). The person in charge of the relevant departments of the CBRC answered the reporter's questions on the relevant contents of the Measures.
Q: What is the setting of this method?
A: In recent years, with the continuous development of China's national economy and the increasingly active financial market, personal loan applications have been developed rapidly. In the first half of 2009 alone, the cumulative personal consumption loan applications increased by 650.8 billion yuan, an increase of 3,965.438+07 billion yuan over the same period last year (2008). However, compared with the increasing number and types of personal loans, China still lacks a consistent approach to regulate such loans. Although commercial banks have gained mature experience in handling personal loan applications, they lack consistent norms and face greater legal and reputational risks. At the same time, some banking financial institutions illegally operate personal loan affairs, especially "false mortgage" and "false name" and loan application, which not only seriously damages the legitimate rights and interests of loan applicants, but also affects the continuous support of funds entering the real economy and credit for the steady and rapid addition of the national economy. In order to further implement the policies and requirements of the CPC Central Committee and the State Council on "ensuring growth, promoting development, restructuring and benefiting people's livelihood", boost the determination of personal loan application, further increase the supporting role of credit in expanding domestic demand, ensure that credit funds enter the real economy, safeguard the legitimate rights and interests of loan applicants, and build a harmonious credit civilization, China Banking and Insurance Regulatory Commission, China has formulated these measures on the basis of inductive learning and absorbing advanced experience in handling personal loan affairs at home and abroad.
Q: What is the definition of "personal loan application" in the Measures?
A: From the perspective of safeguarding the legitimate rights and interests of individual loan applications, the Measures define individual loan applications as "the business behavior of individual loan applicants providing loan application funds to natural persons with full civil capacity and recovering principal and interest". This method covers the whole process of credit activities from the acceptance of loan application to the recovery of loan application, and covers the behaviors of the main parties such as loan applicants, loan applicants, transaction targets and intermediaries in loan application activities. And organize standards from the perspective of operational integrity and systematicness. This is the first regulation on personal loan application issued by China, and it is also an important part of the regulatory regulations of CBRC in recent two years.
Q: Will the implementation of the Measures make it more difficult for individuals to apply for loans? Will it curb commercial banks' application for new personal loans?
A: The Measures do not set additional conditions for the request of detailed personal loan business, but focus on the monitoring and handling of the whole process of loan application, and do not raise the threshold for individuals to obtain loan applications, so it will not affect the access to credit. In terms of the use of loan applications, it is important not to issue loan applications without specified purposes, and clearly implement the method of entrusted payment or independent payment by loan applicants to handle and control the loan application funds. In practice, the loan application for personal bulk consumer goods such as mortgage and car loan has been paid according to this method in practice. On the whole, the Measures fully consider the actual situation of personal financing transactions in China and strive to conform to objective reality. On the basis of respecting the common rules of the Measures, commercial banks will implement personalized handling in detail in accordance with relevant guidelines and requirements, and formulate detailed handling rules and operational procedures. Therefore, in this sense, there are no new changes in the detailed conditions and thresholds of personal loan applications in the Measures, which will not only inhibit the reasonable increase of personal loan affairs of commercial banks, but also increase the determination of loan applicants to use personal loan applications, which will also promote and guarantee the development of personal loan affairs of commercial banks to a certain extent.
Q: Why should I pay the personal loan application fee? Will it affect the cost of banks and lenders?
A: The "Measures" implement the methods of entrusted payment by the borrower and independent payment by the borrower for personal loan applications, which is a concrete embodiment of implementing the concept of "real loan and real payment". On the one hand, it can be used to monitor the application of loan application according to the agreed purpose and prevent the danger of loan application; On the other hand, it is to prevent illegal behaviors that endanger the interests of lenders, such as "impersonation", and truly safeguard the legitimate rights and interests of lenders. In the payment of loan application, in principle, entrusted payment is implemented, which is a common practice in personal loan application in China at present. Considering the complexity of the borrower's transaction target in the personal loan application, the Measures clearly point out that if it is difficult to determine the detailed transaction target in advance and the amount does not exceed 300,000 yuan or the transaction target is unqualified, the non-cash settlement method can be adopted, and the lender can adopt the independent payment method with the consent of the lender; For financial institutions, although it will increase the links of transaction operation and labor cost, due to the reduction of the risk of loan application and transfer, the credit quality will be improved and the induced benefit will also be improved.
Q: What are the new requirements of the Measures for the payment of personal loan funds?
A: First, it is explicitly required that the loan applicant should handle and control the payment of the loan application funds by means of entrusted payment or independent payment by the loan applicant according to the loan application contract.
The second is to make detailed provisions on the preconditions of the borrower's entrusted payment and the lender's independent payment.
Third, it is clearly required that the borrower should make a payment request for the use of the loan application funds. All personal loans should be used in accordance with the contract, and the borrower is responsible for reviewing relevant transaction information and documents.
Q: Why do you insist on the principle of face-to-face interview and face-to-face signing?
A: From the international practice of personal loan application and the long-term practice of China Bank, it is useful to identify the identity of individual customers, understand the actual use of loan application, and inquire about the credit status and repayment ability of borrowers, so as to prevent the danger of personal loan application. Therefore, the Measures further strengthened the inquiry link of loan application, put forward the detailed requirements and methods of loan application inquiry, sorted out the relevant contents and processes of loan application inquiry, and emphasized the need to establish and strictly implement the interview criteria of loan application, ensure the authenticity of loan application, grasp the reality, practicality, repayment willingness and repayment ability of loan application, prevent the occurrence of false mortgage affairs, and ensure the quality of personal loan application from the source. The Measures stipulate that the loan applicant should ask the loan applicant to sign the loan application contract and other relevant documents in person, so as to ensure that the loan applicant can effectively identify the true identity of the loan applicant, prevent the legal and regulatory risks that may be caused by the signing of relevant documents by developers, distributors or other intermediaries, and achieve the purpose of preventing credit risks while safeguarding the interests of the loan applicant.
Q: How does the CBRC promote the implementation of the Measures?
A: First, the scope of non-applicable transactions is clarified. The "Measures" stipulate that banking financial institutions issue loans to farmers and auto financing companies issue personal loans, and this method will not be implemented for the time being; This method is not suitable for credit card overdraft.
The second is to give banking financial institutions a three-month preparation period. The CBRC will urge banking financial institutions to formulate or revise their own handling rules and operating procedures in accordance with the relevant requirements of the Measures, and make good preparations for implementation.
The third is to closely track the implementation of the method. After the implementation of the Measures, the CBRC will track the implementation of the Measures by banking financial institutions, and take corresponding regulatory measures in a timely manner in view of the problems presented, so as to truly improve the personal loan handling level of banking financial institutions.
Provisions of the Banking Regulatory Bureau on Loans for Bank Employees
Legal analysis: it is forbidden for staff to lend in banking financial institutions and staff to guarantee or introduce loans for others, including the following treatment methods:
1. Loans granted by employees of banking financial institutions.
Personal loans to employees (excluding pure personal consumption loans and pure personal consumption loans excluding personal investment) should be repaid during the liquidation period, regardless of whether they are due or not. If the repayment cannot be made on schedule, the unit to which it belongs shall order it to make a written repayment commitment; If the written repayment commitment fails to repay the loan on schedule, the employer shall require the party concerned to leave his post to repay the loan, and give corresponding treatment or punishment according to the circumstances.
2. Staff members guarantee loans for others.
Where a loan is guaranteed for others, the unit where the lender works shall order him to go through the re-guarantee procedures in accordance with relevant laws and regulations. If it is impossible to go through the re-guarantee procedures, it shall implement the guarantee responsibility and go through the mortgage procedures with its own property. If the loan cannot be returned at maturity, the guarantor shall bear joint liability and give corresponding treatment or punishment according to the situation.
3. The staff introduced the loan to others.
For the loan introduced by the staff, the unit ordered the introducer to verify the loan procedures within a time limit and implement the borrower's repayment plan; If the loan cannot be returned at maturity, the unit where it belongs requires the parties to leave their posts for collection, and give corresponding treatment or punishment according to the circumstances.
Legal basis: Article 40 of the Law of People's Republic of China (PRC) Commercial Bank, commercial banks may not issue credit loans to related parties; The conditions for granting secured loans to related parties shall not be superior to those for similar loans of other borrowers.
The related parties mentioned in the preceding paragraph refer to:
(1) Directors, supervisors, managers, credit business personnel and their near relatives of commercial banks;
(2) Companies, enterprises and other economic organizations in which the personnel listed in the preceding paragraph invest or hold senior management positions.
What are the conditions for entrusted payment of personal loans?
1. Entrusted payment in the new loan regulations of CBRC
Entrusted payment: in principle, it is paid to the counterparty of the borrower on the same day, but it cannot be paid on the same day due to objective reasons (such as the answering counter is closed during the lending time, etc.). ), the lender shall complete the entrusted payment on the next working day.
On floating loans: In this case, it is more convenient for borrowers to pay by themselves. If the payment is entrusted, it shall be paid in installments as agreed in the purchase and sale contract. For each payment, the borrower should provide orders, invoices, capital use plans and other materials that can prove the trading behavior of the borrower and its counterparties, because the lender must review the trading behavior before each payment.
The loan contract only needs to be signed once. Before each review, the examiner must refer to the contract and then review the information provided by the borrower to prove the trading behavior. This procedure is a bit like the circulation of personal business loans. The contract only needs to be signed once, and each withdrawal requires a certificate.
What are the situations in which personal loans can be paid independently?
According to Article 33 of the Interim Measures for the Administration of Personal Loans, a personal loan under any of the following circumstances may be paid by the borrower independently with the consent of the lender:
(a) the borrower can not determine the specific transaction object in advance and the amount does not exceed 300 thousand yuan;
(2) The counterparty of the borrower does not have the conditions to effectively use the non-cash settlement method;
(3) The loan funds are used for production and operation and the amount does not exceed 500,000 yuan;
(4) Other circumstances stipulated by laws and regulations.
Article 34 If the borrower pays by itself, the lender shall make an agreement with the borrower in advance in the loan contract, requiring the borrower to report or inform the lender of the payment of loan funds on a regular basis.
The lender shall verify whether the loan payment meets the agreed purpose through account analysis, voucher inspection or on-site investigation.
(2) Extended reading of entrusted payment conditions for personal loans:
According to the Interim Measures for the Administration of Personal Loans
Article 29 The lender shall, in accordance with the loan contract, manage and control the payment of loan funds by means of entrusted payment by the lender or independent payment by the borrower.
Entrusted payment by the lender means that the lender pays the loan funds to the borrower's transaction object that meets the purpose agreed in the contract according to the borrower's withdrawal application and payment entrustment.
The borrower's independent payment means that the lender directly pays the loan funds to the borrower's account according to the borrower's withdrawal application, and the borrower independently pays it to the borrower's transaction object that meets the purpose agreed in the contract.
Article 30 Personal loan funds shall be paid to the borrower's transaction object by the way of entrusted payment by the lender, except for the circumstances stipulated in Article 33 of these Measures.
Three urgent for help! ! ! Do you need a third-party payee for personal business loans?
Whether it is necessary to require a third-party payee mainly depends on the size of the loan amount. According to the requirements of China Banking and Insurance Regulatory Commission's "three laws and one finger quotation", personal loans with equity of more than 300,000 yuan must be entrusted to the counterparty's account; If the amount below 300,000 yuan meets the requirements, it can be paid independently, that is, transferred to the borrower's personal account.
As mentioned above, this may be entrusted payment, and the amount should exceed 300,000. The bank will make the above requirements to avoid that the counterparty is not a related party. It is impossible to use only one copy as the subject of applying for a loan. In addition, the "lender" refers to the bank, and the person who borrows money from the bank is the "borrower".
(3) Extended reading of entrusted payment conditions for personal loans
Application conditions for personal business loans
Personal business loans are available to China citizens (excluding Hong Kong, Macao and Taiwan) who meet our personal business loan policy and have full capacity for civil conduct, including individual business operators, major partners of sole proprietorship/partnership/limited liability companies or major natural person shareholders. If the legal person is not the main partner, actual controller or shareholder of the enterprise, it does not meet the target requirements of the personal business loan method.
1, aged over 18 and under 60, has a fixed residence within the jurisdiction of the branch, and has a permanent residence or valid residence certificate;
2. The borrower and its business entities have good credit and stable operation;
3. Other conditions stipulated by the relevant bank.
What loans need to be paid by entrustment?
Entrusted loan:
That is, 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 recovering the loan on behalf of the loan according to the object, purpose, amount, term and interest rate of the loan. Customers include departments, enterprises, institutions and individuals.
Introduction:
The principal and the borrower shall be enterprises (institutions), other economic organizations, individual industrial and commercial households or natural persons with full capacity for civil conduct approved and registered by the administrative department for industry and commerce (or competent authorities); A settlement account has been opened in a commercial bank; The source of entrusted funds must be legal and have independent control; To bid for entrusted loans, you must bear the loan risks alone; Pay taxes according to the relevant requirements of the State Local Taxation Bureau, and cooperate with the trustee to collect and remit taxes; Meet other requirements of commercial banks.
What should I pay attention to when I entrust to pay bank loans?
Pay attention to the entrusted payment of bank loans:
1. Security of credit assets of direct loan issuing banks
Whether each loan is issued or not is the result of the bank's own risk and return measurement. Entrusted payment can better enable enterprises to use funds according to the application purposes, ensure the authenticity of the transaction background, make the actual capital flow easier to reach the bank's pre-evaluation, and make the loan repayment ability more predictable.
2. From the perspective of supervision
Banks will not lend for no reason because individuals and legal persons can repay loans; The role of banks in serving the real economy and regulatory needs, as well as the demand of tangible hands such as the People's Bank of China for macroeconomic regulation and control, will put forward many requirements for the flow of financial assets, industry manipulation and security.
Entrusted payment can prevent loan funds from entering the stock market and illegally entering the housing market, thus creating a bubble. In short, this is a necessary measure to create a financial ecological environment.
3. In practice.
Risk and reward are eternal games and dances. Just like this, many banks will act flexibly according to their own judgment on the ultimate repayment risk and even the liquidity of the second repayment source.
(5) Extended reading of entrusted payment conditions for personal loans:
Matters needing attention
Interest on entrusted payment
Entrusted payment is conducive to improving the quality and management level of the whole process of loan management. It has truly improved the loan risk management model from extensive to fine.
The Game between Dominant Risk and Income Balance
First of all, while reducing the risk of loan misappropriation, it will also have an impact on the income of borrowers. Some commercial bankers said that at present, enterprises can recover all project loans at one time, and whether to use them depends on the enterprises themselves.
In this case, during the transition period of project construction, the borrower can do some business to increase income, such as bank transfer and purchase of wealth management products, but once the entrusted payment method is adopted, it is impossible for the borrower to withdraw it at one time. Compress short-term running space.
What should be paid attention to in entrusted payment of bank loans
Pay attention to the entrusted payment of bank loans:
1, from the perspective of credit asset security of direct loan issuing banks
Whether each loan is issued or not is the result of the bank's own risk and income measurement. Entrusted payment can better enable enterprises to use funds according to the application purposes, ensure the authenticity of trade background, make the actual capital flow easier to meet the pre-assessment of banks, and make the loan repayment ability more predictable.
2. From the perspective of supervision
Banks will not lend because individuals and legal persons can repay loans; These visible hands, such as the role of banks in serving the real economy, the demand for supervision and the demand for macro-control by the People's Bank of China, will put forward many requirements for the flow of financial assets, the manipulation of the industry and the security.
Entrusted payment can prevent loan funds from entering the stock market and illegally entering the housing market, thus creating a bubble. In short, this is a necessary measure to create a financial ecological environment.
3. In practice.
Risks and benefits are eternal games and dances. Just like this, many banks will act flexibly according to their own judgment on the ultimate repayment risk and even the liquidity of the second repayment source.
(6) Extended reading of entrusted payment conditions for personal loans
Problems needing attention
Entrusted payment has its advantages.
Entrusted payment helps to improve the quality of loans issued by commercial banks, strengthen the scientific management of the whole process of loans, and is conducive to management and truly realize loan management. Commercial banks can upgrade the loan risk management mode from extensive to refined.
Game between apparent risk and income balance
First of all, while reducing the risk of loan misappropriation, it will have an impact on the income of borrowers. A person from a commercial bank said that at present, enterprises can withdraw project loans at one time, and whether and how to use them is up to enterprises to decide.
In this case, during the transition period of project construction, the borrower can do some business to increase income, such as transferring money to the bank and purchasing wealth management products. However, after adopting entrusted payment, it is impossible for the borrower to withdraw money at one time, and the space for short-term operation will be compressed.
What loans need to be paid by entrustment?
If the transaction object is clear and the purpose of the loan is clear, the entrusted payment method should be adopted. Only when the transaction object of the loan is unclear and the loan amount is below 300,000 can the independent payment be used.
What is entrusted payment and what are its basic requirements?
One. Definition:
Entrusted payment is a payment method of loan funds, which means that the lender (a legally established banking financial institution) pays the loan funds to the borrower's transaction object according to the borrower's withdrawal application and payment entrustment.
Second, the purpose and application:
The purpose is to reduce the risk of misappropriation of loans. The current applicable situation of entrusted payment is that the single amount of loan funds exceeds 5% of the total investment of the project or exceeds 5 million yuan.
Third, the significance:
Strengthening the scientific management of the whole process of loans by commercial banks is not only helpful to improve the quality of loan issuance, but also beneficial to management and truly realize loan management. Commercial banks can strengthen the transformation of loan risk management mode from extensive to refined.
What is the meaning of entrusted payment in the way that the lender should pay nine loans?
To put it simply, it is the operation that the enterprise specifies the transfer object (payee) corresponding to the loan money in the process of loan application review, and after the loan is issued, the bank directly transfers the loan money to the designated payee according to the contract.
What is entrusted payment by the lender?
Entrusted payment by the lender means that the lender pays the loan funds to the borrower's human rights transaction object according to the borrower's withdrawal application and payment entrustment. On July 30th, 2009, China Banking Regulatory Commission published the draft of Interim Measures for the Management of Working Capital Loans on its website. According to the requirements, if a single payment exceeds 30% of the loan contract amount and exceeds 6,543,800 yuan, it must be entrusted by the lender.
I hope I can help you-understand the provident fund commune
Will the CBRC freeze the loan?
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1, the main role of the China Banking Insurance Regulatory Commission is to supervise the banking and insurance industries, so as to protect the legitimate rights and interests of consumers. If the user's loan funds are frozen, it is because the user does not meet the loan conditions and is frozen by the lending institution. As long as the user subsequently meets the loan conditions or actively applies for thawing, it is possible to thaw.
2. The CBRC and its dispatched offices have no right to freeze the bank accounts of any unit or individual.
If the user's loan funds are frozen, one situation is that the user does not meet the loan conditions and is frozen by the lending institution. As long as the user subsequently meets the loan conditions or actively applies for thawing, it is possible to thaw. Another situation is that the lending institution does not have enough loan funds, and the loan funds will be frozen.
3. The China Banking Regulatory Commission (CBRC) used to be called the Bank of China Insurance Regulatory Commission, or simply referred to as the Bank of China Insurance Regulatory Commission or the Bank of China Insurance Regulatory Commission. 20 18 The Insurance Regulatory Commission of Bank of China was formally established. Its main responsibilities include unified supervision of the banking and insurance industries in accordance with laws and regulations, safeguarding the legal, compliant and steady operation of the banking and insurance industries, preventing and defusing financial risks, protecting the legitimate rights and interests of financial consumers and maintaining financial stability.
4. The specific functions of the China Banking Insurance Regulatory Commission can be divided into the following aspects:
(1) to conduct unified supervision and management of the banking and insurance industries in the country, and safeguard their lawful and steady operation. Implement vertical leadership over the dispatched institutions.
(2) investigate and deal with illegal banks or insurance companies.
(3) Implementing access management on the organization and business scope of the banking and insurance industry, reviewing the qualifications of senior managers, and formulating norms for the behavior management of employees in the banking and insurance industry.
(four) unified preparation of the national banking and insurance regulatory data statements, and issued in accordance with the relevant provisions of the state.
(5) Establish a risk monitoring, assessment and early warning system for China's banking and insurance industries, track and analyze their operating conditions, and monitor and forecast them in time.
(six) to crack down on illegal financial activities, and to be responsible for the identification, investigation and suppression of illegal fund-raising and the coordination of relevant organizations. Generally speaking, the main responsibility of the China Banking Insurance Regulatory Commission is to supervise the normal operation of banks and insurance companies in accordance with laws and regulations, while protecting the legitimate rights and interests of consumers.