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The CBRC answered a reporter's question on the Interim Measures for the Administration of Personal Loans. ...
I. The CBRC answered a reporter's question on the Interim Measures for the Administration of Personal Loans. ...

Economics section or finance section.

Second, what is the content of the credit A qualification examination?

I. Corporate Credit

(a) to master the elements and types of enterprise credit;

(two) familiar with the principles, processes and organizational structure of the company's credit management;

(three) to understand the basic content and requirements of developing green credit;

(four) master the main products of enterprise credit.

Two. Acceptance of loan application and pre-loan investigation

(a) familiar with the qualifications and basic conditions that borrowers should have, the rights and obligations of borrowers, and the classification of borrowers;

(two) to master the contents and methods of the interview in the loan intention stage, the steps of internal feedback, the preparation of materials and matters needing attention;

(3) Master the methods and contents of pre-loan investigation;

(four) familiar with the basic contents of the pre loan investigation report.

Third, the loan demand analysis

(a) familiar with the significance of loan demand analysis and the influencing factors of loan demand;

(two) familiar with the analysis method of loan demand, can use the relevant information to judge whether the enterprise needs to borrow, and the reasons for the loan demand;

(three) familiar with the relationship between loan demand and debt structure.

Fourth, the loan environmental risk analysis

(a) familiar with the analysis methods of regional risks;

(two) familiar with the basic methods of industry risk analysis.

Verb (abbreviation of verb) customer analysis and credit rating

(a) familiar with the content and basic methods of customer quality analysis;

(two) familiar with the contents and basic methods of customer financial analysis;

(3) Understand the objects, factors, methods and processes of customer credit rating.

Security management of intransitive verbs

(a) to master the classification, scope, principles and functions of loan guarantees;

(two) to master the qualification and evaluation of the loan guarantor, the general provisions of the guarantee, the main risks and management points, and the risk prevention of the bank-credit cooperation business;

(three) to master the conditions, general terms, main risks and management points of mortgage guarantee;

(four) to master the setting conditions, general provisions, main risks and management points of pledge guarantee, as well as the difference between pledge and mortgage;

(5) Master the basic principles of collateral management in commercial banks, the basic requirements of collateral risk control, the physical management of collateral and the term management.

Seven, credit approval

(a) to master the relevant contents of the separation of credit authorization and loan review;

(2) Master the determinants and determination process of credit line.

(three) master the loan review items and approval elements.

Eight. Loan contract and payment

(a) master the signing process and management points of the loan contract;

(two) to master the conditions, principles and review process of loan issuance;

(three) to master the types of loan payment, the conditions and operating points of various payment methods.

Nine. Post-loan management

(a) master the basic content of the borrower's post-loan monitoring;

(two) master the loan purpose and repayment account monitoring;

(3) Master the supplementary mechanism of guarantor management, collateral management and guarantee;

(four) to master the procedures, index system and disposal of risk early warning;

(five) to master the method of handling the expiration of credit business;

(six) familiar with the contents and requirements of file management.

Ten, loan risk classification and loan loss reserve provision

(a) familiar with the relevant contents, objects, principles and standards of loan risk classification;

(two) familiar with the loan risk classification method.

XI。 the management of non performing loans

(1) Grasp the relevant contents of non-performing loans;

(two) familiar with the disposal of non-performing loans.

appendix

(1) General Rules for Loans (China People's Bank1June 28, 996)

(2) Guidelines on Due Diligence of Credit Granting of Commercial Banks (CBRC _2004_5 1)

(3) Guidelines on Risk Management of Customer Credit Business of Commercial Banks (Order No.4 of China Banking Regulatory Commission, 20 10).

(4) Green Credit Guidelines (Order No.4 of CBRC [20 12])

(5) Interim Measures for the Management of Working Capital Loans (OrderNo. 1 of China Banking Regulatory Commission)

(6) Interim Measures for the Management of Fixed Assets Loans (Order No.2 of China Banking Regulatory Commission, 2009)

(VII) Guidelines on Project Financing (No.Y.J.F. [2009]7 1)

(8) Guidelines on Syndicated Loan Business (Revised) (Yin Jian Fa _20 1 1_85)

(9) Guidelines on Risk Management of M&A Loans of Commercial Banks (Order No.5 of CBRC [20 15])

(X) Notice of the State Council on Strengthening Fund Management of Fixed Assets Investment Projects (Guo Fa _20 19_26)

(1 1) Guidelines for the Administration of Collateral and Pledged Goods of Commercial Banks (CBRC 16 [2065438]No.)

(12) Guidelines on Loan Risk Classification (No.54, 2007).

(XIII) Measures for the Administration of Batch Transfer of Non-performing Assets of Financial Enterprises (Jin Cai _20 12_6)

(XIV) Notice of China Banking Regulatory Commission on Further Strengthening the Tax Exemption for Credit Granting to Small and Micro Enterprises in Commercial Banks (No.2016 _ 56)

Three. According to the Interim Measures for the Administration of Personal Loans issued by CBRC

Learn some legal knowledge every day. Announcement No.2 of China Banking Regulatory Commission No.20 10 Effective Release Date: 20 10 February 12 Implementation Date: 20 10 February 12 Interim Measures for Personal Loan Management CBRC Order [2010 Chapter I General Provisions Article 1 In order to standardize the personal loan business of banking financial institutions, strengthen the prudent management of personal loan business and promote the healthy development of personal loan business, these Measures are formulated in accordance with the Banking Supervision Law of the People's Republic of China, the Law of People's Republic of China (PRC) Commercial Bank and other laws and regulations. Article 2 With the approval of China Banking Regulatory Commission, banking financial institutions established in People's Republic of China (PRC) (hereinafter referred to as lenders) shall abide by these Measures when engaging in personal loan business. Article 3 The term "personal loans" as mentioned in these Measures refers to loans granted by lenders to qualified natural persons for personal consumption, production and operation. Article 4 Personal loans shall follow the principles of legality and compliance, prudent operation, equality and voluntariness, fairness and good faith. Article 5 Lenders shall establish an effective whole-process management mechanism for personal loans, formulate loan management systems and operation procedures for each loan type, define the corresponding loan objects and scope, implement differentiated risk management, and establish an assessment and accountability mechanism for each operation link of loans. Article 6 A lender shall establish a personal loan risk limit management system according to the dimensions of region, variety and customer group. Article 7 The use of personal loans shall comply with the provisions of laws, regulations and relevant state policies, and lenders shall not issue personal loans without specific purposes. Lenders should strengthen the management of loan fund payment and effectively guard against personal loan business risks. Article 8 The term and interest rate of personal loans shall be implemented in accordance with the relevant provisions of the state. Article 9 The lender shall establish a reasonable control mechanism of the borrower's income and debt repayment 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 10 The China Banking Regulatory Commission shall supervise and manage the personal loan business in accordance with these Measures. Chapter II Acceptance and Investigation Article 11 An application for personal loan 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. Article 12 A lender shall require the borrower to apply for a personal loan in writing, and require the borrower to provide relevant information that can prove that it meets the loan conditions. Article 13 After accepting the borrower's loan application, the lender shall fulfill the obligation of due diligence, investigate and verify the authenticity, accuracy and completeness of the personal loan application content and related information, and form an investigation and evaluation opinion. Article 14 The loan investigation includes but is not limited to the following contents: (1) Basic information of the borrower; (2) The income of the borrower; (3) the purpose of the loan; (five) the guarantor's willingness to guarantee, guarantee ability or collateral value and liquidity. Article 16 On the premise of not damaging the legitimate rights and interests of the borrower and controlling risks, the lender may prudently entrust a third party to handle some specific matters in the loan investigation, but the qualifications of the third party must be made clear. The lender shall not entrust a third party to complete all the matters of loan investigation. Seventeenth lenders should establish and strictly implement the loan interview system. When issuing low-risk loans through electronic banking channels, lenders should at least take effective measures to determine the true identity of borrowers. Chapter III Risk Assessment and Approval Article 19 The loan risk assessment shall be based on the analysis of the borrower's cash income, and carried out comprehensively and dynamically by combining quantitative and qualitative analysis. Article 21 The lender shall notify the borrower of the unapproved personal loan application. Article 22 The lender shall evaluate and analyze the loan approval process according to the major changes in the economic situation and the obvious increase in the default rate, adjust the approval policy in a timely and targeted manner, and strengthen the relevant loan management. Chapter IV Agreement and Distribution Article 23 A lender shall sign a written loan contract with the borrower, and a guarantee contract shall be signed at the same time if a guarantee is needed. The lender shall require the borrower to sign the loan contract and other relevant documents in person, except for loans handled through electronic banking channels. Article 24 A loan contract shall conform to the provisions of the Contract Law of People's Republic of China (PRC), and clearly stipulate the commitment of good faith, the purpose of loan funds, the object (scope) of payment, the amount of payment, the terms and methods of payment of all parties. The loan contract should be set with relevant clauses to clarify the liabilities for breach of contract that the borrower should bear when it fails to perform the contract or slowly performs the contract. Twenty-fifth lenders should establish and improve the contract management system to effectively prevent the legal risks of personal loans. If the loan contract adopts standard clauses, the legitimate rights and interests of the borrower shall be safeguarded and publicized. Article 26 The lender shall standardize the guarantee process and operation in accordance with the relevant provisions of People's Republic of China (PRC) Property Law, People's Republic of China (PRC) Guarantee Law and other laws and regulations. The lender shall participate in mortgage registration as agreed in the contract. If the lender entrusts a third party to handle the matter, it shall verify the registration of the collateral. Personal secured loans should be completed by at least two loan officers. Twenty-seventh lenders should strengthen the management of loan issuance, follow the principle of separation of examination and loan, and establish an independent loan management institution. The department or post is responsible for implementing the loan conditions and issuing personal loans that meet the agreed conditions. Article 28 After the loan contract comes into effect, the lender shall issue the loan in time as agreed in the contract. Chapter V Payment Management Article 29 In accordance with the loan contract, the lender shall 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 this 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 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 counterparty by the way of entrusted payment by the lender, except for the circumstances stipulated in Article 33 of these Measures. Article 31 Where the payment is entrusted to the lender, the lender shall require the borrower to apply for payment when using the loan, and authorize the lender to pay the loan funds in the way agreed in this contract. The Lender shall examine whether the borrower's relevant transaction materials and vouchers meet the conditions agreed in this contract before the loan funds are released, and record the relevant details after payment. Article 32 After the entrusted payment is completed, the lender shall record the capital flow in detail and collect and keep relevant vouchers. Article 33 A personal loan under any of the following circumstances may be paid by the borrower independently with the consent of the lender: (1) The borrower cannot determine the specific transaction object in advance and the amount does not exceed 300,000 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. Chapter VI Post-loan Management Article 35 After the personal loan is issued, the lender shall take effective measures to track, inspect, monitor and analyze the use of loan funds, changes in the borrower's credit and guarantee, and ensure the safety of loan assets. Article 36 Lenders shall distinguish the types, objects and amounts of personal loans, and determine the corresponding loan inspection methods, contents and frequencies. The internal audit department of the lender shall conduct spot checks and evaluations on the work quality of the loan inspection department. Article 37 The lender shall regularly track, analyze and evaluate the borrower's performance of the loan contract, and take it as the credit evaluation basis for subsequent cooperation with the borrower. Article 38 The lender shall, in accordance with the provisions of laws and regulations and the provisions of the loan contract, investigate the liabilities for breach of contract for the borrower's failure to provide true and complete information or to use and pay the loan as agreed in the contract. Article 39 With the consent of the lender, individual loans may be issued. For personal loans within one year (inclusive), the cumulative extension period shall not exceed the original loan period; For personal loans of more than one year, the cumulative extension period and the original loan period shall not exceed the maximum loan period stipulated by the loan variety. Article 40 The lender shall recover the loan principal and interest in accordance with the loan contract. For loans that are not repaid according to the loan contract, the lender shall take measures to collect or restructure by agreement. Chapter VII Legal Liability Article 41 Where a lender handles personal loan business in violation of the provisions of these Measures, the China Banking Regulatory Commission shall order it to make corrections within a time limit. Under any of the following circumstances, the China Banking Regulatory Commission may take the regulatory measures stipulated in Article 37 of the Banking Supervision Law of the People's Republic of China: (1) failing to perform due diligence obligations in loan investigation and review; (2) Failing to establish and implement the system of loan interview and loan contract face-to-face signing as required; (3) The terms of the loan contract have not been publicized; (four) in violation of the provisions of article twenty-seventh; (five) payment management does not meet the requirements of these measures. Article 42 Under any of the following circumstances, the China Banking Regulatory Commission may, in addition to taking regulatory measures in accordance with Article 41 of these Measures, impose penalties on lenders in accordance with Articles 46 and 48 of the Banking Regulatory Law of the People's Republic of China: (1) Issuing unqualified personal loans; (two) the loan contract signed does not conform to the provisions of these measures; (three) in violation of the provisions of article seventh of these measures; (4) Entrust all loan investigation matters to a third party; (five) beyond or disguised beyond the loan authority to approve loans; (6) instructing borrowers to obtain loans under fictitious circumstances; (seven) the borrower's violation of the loan contract should be found but not found, or found but did not take effective measures; (eight) other circumstances that seriously violate the prudent operating rules stipulated in these measures. Chapter VIII Supplementary Provisions Article 43 Personal loans issued with certificates of deposit, treasury bonds or other financial products recognized by China Banking Regulatory Commission as collateral, as well as personal loans issued by non-bank financial institutions such as consumer finance companies and auto finance companies, may be implemented with reference to these Measures. Special personal loans such as productive loans issued by banking financial institutions to farmers and other special policies stipulated by the state shall not be implemented for the time being. These measures are not applicable to credit card overdraft. Forty-fourth individual industrial and commercial households and rural contracted households apply for personal production and operation loans, and the amount exceeds 500 thousand yuan, according to the purpose of the loan, the provisions of the relevant loan management measures shall apply. Article 45 Lenders shall formulate detailed rules and operational procedures for personal loan business according to these Measures. Article 46 The China Banking Regulatory Commission shall be responsible for the interpretation of these Measures. Article 47 These Measures shall come into force as of the date of promulgation. Related questions and answers:

Four, according to the relevant provisions of the CBRC Interim Measures for the Administration of Personal Loans, personal loan risk assessment should be based on loan analysis.

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