Legal basis: People's Republic of China (PRC) Commercial Bank Law.
Article 36 When a commercial bank lends money, the borrower shall provide guarantee. Commercial banks should strictly examine the repayment ability of guarantors, the ownership and value of collateral, and the feasibility of realizing collateral.
After examination and evaluation by a commercial bank, it is confirmed that the borrower has a good credit standing and can repay the loan, and no guarantee may be provided.
Article 37 A commercial bank shall sign a written contract with the borrower when issuing loans. The contract shall stipulate the type, purpose, amount, interest rate, repayment period, repayment method, liability for breach of contract and other matters that both parties think need to be agreed.
Interim Measures for the Administration of Personal Loans
Article 9 The lender shall establish a reasonable control mechanism for the borrower's income and debt ratio, reasonably determine the loan amount and term in combination with the borrower's income, liabilities, expenses, loan purposes, guarantees and other factors, and control the borrower's repayment amount in each installment not to exceed its repayment ability.
Article 11 An individual loan application shall meet the following conditions:
(1) The borrower is a People's Republic of China (PRC) citizen with full capacity for civil conduct or an overseas natural person who meets the relevant provisions of the state;
(2) The purpose of the loan is clear and legal;
(3) The amount, duration and currency of the loan application are reasonable;
(4) The borrower has the willingness and ability to repay;
(5) The borrower's credit status is good and there is no significant bad credit record;
(6) Other conditions required by the lender.