I can't. The Interim Measures for the Management of Working Capital Loans stipulates that:
The lender shall agree with the borrower on a clear and legal purpose of the loan.
Working capital loans shall not be used for fixed assets, equity and other investments, and shall not be used for fields and uses prohibited by the state.
The working capital loan shall not be misappropriated, and the lender shall inspect and supervise the use of the working capital loan as stipulated in the contract.
Legal basis:
Criminal law of the people's Republic of China
Article 577 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 578 Where a party expressly expresses or shows by his own behavior that he will not perform his contractual obligations, the other party may require him to bear the liability for breach of contract before the time limit for performance expires.
Article 579 If one party fails to pay the price, remuneration, rent or interest, or fails to perform other monetary obligations, the other party may demand payment.
Article 580 Where one party fails to perform the non-monetary debt or the performance of the non-monetary debt is not in conformity with the agreement, the other party may request performance, except in any of the following circumstances:
(a) It is legally or practically impossible to perform;
(2) The subject matter of the debt is not suitable for compulsory performance or the cost of performance is too high;
(3) The creditor fails to request performance within a reasonable time limit.
In case of one of the exceptional circumstances specified in the preceding paragraph, the purpose of the contract cannot be achieved, the parties or the arbitration institution may request to terminate the rights and obligations of the contract, but the liability for breach of contract shall not be affected.
Article 581 Where one party fails to perform the debt or the performance is not in conformity with the contract, and the performance cannot be enforced according to the nature of the debt, the other party may request it to bear the expenses to be performed by the third party.
Article 582 Where the performance is not in conformity with the agreement, it shall bear the liability for breach of contract in accordance with the agreement of the parties. If the liability for breach of contract is not stipulated or clearly stipulated and cannot be determined according to the provisions of Article 510 of this Law, the injured party may reasonably choose to require the other party to bear the liability for breach of contract such as repair, rework, replacement, return, price reduction or remuneration according to the nature of the subject matter and the size of the loss.
Article 583 Where one party fails to perform its contractual obligations or fails to comply with the contract, and after performing its obligations or taking remedial measures, the other party still suffers other losses, it shall compensate for the losses.
Article 584 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, thus causing losses to the other party, the amount of damages shall be equivalent to the losses caused by the breach of the contract, including the benefits that can be obtained after the performance of the contract; However, it shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract.
Is it true that bank loans are used to buy wealth management things?
That's not true.
Some customers may encounter the bank's request to buy wealth management products when handling mortgage loans, but it does not mean that customers will be able to successfully pass the bank's approval and successfully handle mortgage loans after purchasing wealth management products.
Although the purchase of wealth management products is helpful to handle the mortgage to a certain extent, whether the mortgage can be approved mainly depends on whether the customer's personal credit is good; And whether there is a stable and legitimate source of economic income and the ability to repay the principal and interest of the loan on time.
The wealth management products that banks require customers to buy are only tied, mainly to complete the business volume of outlets. And customers can refuse directly if they don't want to buy it.
In fact, the CBRC has clearly stipulated that the "seven prohibitions" include the prohibition of tying loans, that is, banking financial institutions are not allowed to bind or bind financial products such as wealth management, funds and insurance when issuing loans or providing financing in other ways (in addition, it also includes the prohibition of lending, the prohibition of linking deposits with loans, the prohibition of charging by loans, the prohibition of dividing fees by floating profits, the prohibition of floating to the top, and the prohibition of transferring costs).
The required detailed materials are as follows:
1. ID card, household registration book, temporary residence permit, marriage certificate and education certificate of the borrower and the borrower's spouse.
2. Income certificate issued by the borrower's company (see annex for the format of income certificate), and a copy of the bank memo or passbook in the borrower's name for more than 6 months.
3. A copy of the business license of the borrower's company, a capital verification report, and an audit report of the company's bank for more than 6 consecutive months and nearly 2 years.
4. Property certificate of mortgaged house
5. See the annex for the assessment report issued by the assessment agency.
6. Other large assets (automobiles, other real estate, certificates of deposit, statements of stock funds, etc.). If the monthly income is more than 20,000 yuan, it should be provided.
7. If the purpose is to buy a house, provide copies of the ID card and household registration book of the seller's husband and wife, as well as copies of the real estate license of the house purchased, and the second-hand house sales contract (see the annex for details).
8. For decoration, a detailed list of renovation contract and decoration budget issued by the decoration company shall be provided.
1. Application: The borrower brings the loan materials to the bank to apply and fill out the loan application form.
2. Approval: The bank examines the borrower's credit records and other materials. Approval is generally to check whether the materials submitted by the borrower are complete and whether the official seal on the materials is not clear enough. If the information is untrue, valid and complete, the organization will return the information and explain it. If the materials are fully prepared and the original and photocopy have the same signature names, the handling personnel will fill in the handover form and the audit will enter the next stage.
3. Credit evaluation: The overall qualification of the borrower includes credit records and social credit, such as whether the borrower is in debt, whether the repayment source is reliable, and whether the loan purpose is legal. Generally, the borrower's economic benefits and future development prospects will be investigated in detail.
Whether the loan can be used to buy wealth management products, and what documents clearly stipulate it?
In principle, it is impossible. Because the yield of wealth management products is often not as high as the loan interest rate, if the yield of wealth management products is higher than the loan interest rate, it often implies greater risks. When lending, the purpose of the contract will be clearly defined and cannot be used for other purposes. Otherwise, it is illegal.
Extended data:
The Interim Measures for the Management of Working Capital Loans stipulates that:
The lender shall agree with the borrower on a clear and legal purpose of the loan. Written proof of the purpose of the loan is required. At present, loans can be used for the following purposes: car purchase, parking, decoration, teaching materials, bulk consumption, shopping, tourism and other legitimate personal or family consumption, as well as business turnover purposes.
Working capital loans shall not be used for fixed assets, equity and other investments, and shall not be used for fields and uses prohibited by the state.
The working capital loan shall not be misappropriated, and the lender shall inspect and supervise the use of the working capital loan as stipulated in the contract. The purpose of the loan must comply with the provisions of relevant national laws, regulations and policies, and shall not be used for gambling and other illegal ways that violate national laws and regulations, or for investment in areas prohibited by the state regulatory authorities, such as stocks and bonds.
The process of handling the loan is as follows:
Take ABC's "Netjet Loan" as an example;
Netjet loan refers to a small consumer loan issued by Agricultural Bank of China to individual customers of Agricultural Bank of China who meet certain conditions, with self-application, quick receipt and self-credit.
Online lending has realized the processes of self-service application, automatic approval, online signing of credit contract and self-service credit use. The application process is as follows:
(1) The borrower logs into the online channels (personal online banking and pocket banking) designated by Agricultural Bank of China, and enters the "Netquick Loan" application interface.
(2) The borrower understands the product situation, basic loan conditions and handling procedures of NetJet Loan.
(three) fill in the basic information, the proposed loan period, loan and repayment account, mailing address, etc.
(4) The system verifies the validity of the mobile phone number.
(5) Signing the Power of Attorney for Personal Credit Business online.
(six) to confirm the loan information, the amount and purpose of the loan application.
(7) After the applicant reads and signs the Personal Self-help Micro-credit Consumer Loan Contract online and completely fills in the application information, he submits the loan application.
Can the money from bank loans be used to buy wealth management?
It is a breach of contract for banks to borrow money to buy wealth management, but it is not illegal.
1. Applying for a loan from a bank must have a clear purpose. Banks expressly stipulate that loans cannot be used for securities, futures, equity investment, etc. Therefore, it is not feasible to buy wealth management products with bank loan funds.
Besides, bank loans cannot be used for real estate development. General bank loans can only be used for personal consumption and enterprise production and operation. Loans applied by individuals are generally used to purchase large-scale consumer goods, home improvement, travel, study abroad, etc.
When people apply for a loan in the bank, they must provide the corresponding loan purpose, otherwise the bank review may not pass. If the bank loan funds are used for prohibited purposes, once discovered, the borrower will have to bear the corresponding consequences.
If you don't have any funds at present, it's important to save money first, and it's not too late to invest in financial management when you have enough funds. Although you can also borrow money from others to manage your finances, investment is risky after all, and if you lose money, you will lose more than you gain.
First, general bank loans are project mortgage loans, all of which have clear specific investment, and general lenders are not allowed to change the loan investment without authorization. Investment and financial management are not allowed. Because investment and financial management are very risky, banks are undoubtedly very clear about this.
Second, bank loans are not allowed for wealth management, which is a clear regulation made by CBRC to avoid investment risks. If you use bank loans for investment and financial management, if you are found by the regulatory authorities, you may face severe punishment from the regulatory authorities.
Third, self-investment and financial management is undoubtedly very risky. The yield of generally safe wealth management products is generally lower than the bank loan interest rate. The risk of wealth management products with high annual interest rate is really too great, and it is possible to lose everything.
At present, the benchmark annual interest rate of general bank loans has reached 4.9%. If it goes up by 20%, it will be 5.88%. If it rises by 30%, the annual interest rate is 6.37%. The existing relatively safe short-term wealth management products generally have an annual interest rate of about 4.3%, which is simply not as high as the annual interest rate of loans.
Therefore, if you go to the bank for a safer financial management, you will undoubtedly lose money. If you are engaged in high-risk and high-yield financial management, the risk of losing all your money is great. Therefore, if you illegally borrow money to manage your finances, there is no doubt that your loss risk is very large and you will face severe punishment.