65438+10.6, the CBRC publicly solicited opinions on the Measures for the Administration of Fixed Assets Loans (Draft for Comment), Working Capital Loans (Draft for Comment), Personal Loans (Draft for Comment) and Project Financing Business Management Regulations (Draft for Comment) (hereinafter referred to as "Three Measures and One Regulation"). The document will be revised to further promote banking financial institutions to improve their credit management capabilities and financial service efficiency, and support financial services to the real economy.
The person in charge of the relevant departments of the China Banking Regulatory Commission said that the "three measures and one regulation" has played an active role in improving the standardization and refinement of loan management of commercial banks, preventing and controlling credit risks, and serving the real economy for more than ten years. In recent years, with the sustained development of China's economy and society, new requirements have been put forward for financial services to the real economy. Some clauses in the "three methods and one regulation" also show some limitations and lag, which need to be updated and adjusted to better adapt to the current development trend of credit business.
"The CBRC's revision of the' three measures and one provision' and related policies will help further promote banking financial institutions to improve their credit management capabilities and financial service efficiency and better serve the real economy." The person in charge of the relevant department of the China Banking Regulatory Commission said.
According to the Statistical Report on Loan Investment of Financial Institutions in the Third Quarter of 2022 released by the Central Bank, by the end of the third quarter of 2022, the balance of RMB loans of financial institutions was 2 10.76 trillion yuan, that of enterprises and institutions was 137.08 trillion yuan, and that of households was 74.52 trillion yuan.
It mainly revised six aspects.
It is understood that the main contents of the revision of "three measures and one regulation" are in six aspects, including:
First, according to the actual credit business, appropriately broaden the use and scope of working capital loans and fixed assets loans.
The second is to further clarify the standards of entrusted payment for different types of loans, optimize the management requirements of entrusted payment, and improve the effectiveness of entrusted payment execution.
Third, according to the new business scenario, adjust business handling methods, support big data and off-site technology applications, and carry out loan investigation and management. Among them, the working capital loan for small and micro enterprises can simplify or stop the on-site investigation if it meets the relevant regulatory requirements. Small and micro enterprises include small and micro enterprises that obtain loan financing through supply chain finance business.
Fourth, improve the flexibility and convenience of loan processing, further optimize the calculation requirements of working capital loans, and increase the relevant content of credit granting for fixed assets loans, so as to better meet the financing reality.
The fifth is to clarify the loan term requirements, guide commercial banks to effectively prevent the risk of loan term mismatch and optimize the loan structure.
Sixth, integrate other related credit management systems to improve the system's systematicness.
For example, in terms of payment, the Measures for the Administration of Fixed Assets Loans (Draft for Comment) clearly stipulates that the lender shall, in principle, pay the loan funds to the borrower's transaction object through the borrower's account within five working days after the loan is issued. If the entrusted payment cannot be completed due to the borrower's reasons, the lender shall complete the external payment within ten working days at the latest under the condition of consensus with the borrower. However, the Interim Measures for the Management of Fixed Assets Loans does not stipulate the payment time.
"If the stay time is too long, the borrower's deposit in the bank will be formed and it is suspected of lending. The supervision clearly stipulates that payment must be completed within 5 working days. Under special circumstances, 10 working days is to prevent banks from eating spreads. " An industry insider explained.
Regarding the working capital loans of small and micro enterprises, the Administrative Measures for Working Capital Loans (Draft for Comment) stipulates that if the lender conducts off-site investigation on the working capital loans of small and micro enterprises and can effectively verify the authenticity of relevant information, it can conduct risk assessment on the borrower accordingly, which can simplify or stop the on-site investigation. Lenders should carefully determine the upper limit of the loan amount that borrowers can simplify or not conduct on-site investigation according to their own risk management capabilities and the regions, industries and varieties of working capital loans for small and micro enterprises. There are no relevant provisions in the Interim Measures for the Management of Working Capital Loans.
"This adjustment is mainly to adapt to the general trend of Internet loans, changes in risk control methods, and timely adjustment of rules." The insider said.
In terms of loan term, the Measures for the Administration of Personal Loans (Draft for Comment) stipulates that the term of personal consumption loans shall not exceed 5 years; Generally, the loan period for production and operation is not more than 5 years. If the payback period of operating cash flow corresponding to the loan purpose is long, the loan term may be appropriately extended, and the longest loan term shall not exceed 10 year. There is no relevant provision in the Interim Measures for the Administration of Personal Loans. In addition, the term of working capital loan shall not exceed 3 years; In principle, the term of fixed assets loans shall not exceed 65,438+00 years. If the loan term exceeds 65,438+00 years, the head office shall be responsible for the examination and approval, and banks with nationwide business scope may authorize tier-one branches to examine and approve.
Strengthen the prevention and control of misappropriation of loan funds
According to the person in charge of the relevant departments of the China Banking Regulatory Commission, the revised "Three Measures and One Regulation" also puts forward some requirements for preventing and controlling the misappropriation of loan funds: First, the lender should stipulate in the contract with the borrower that the borrower should bear the liability for breach of contract when the loan is not used according to the agreed purpose, such as the misappropriation of personal business loans in the real estate field, and the lender can take measures such as recovering the loan in advance, adjusting the payment method of the loan, reducing the credit line, and stopping or suspending the loan issuance. Second, lenders should improve the payment control system of loan funds, strengthen the application of financial technology, and effectively supervise the use of loan funds according to the agreed purposes. If it is found that the borrower misappropriates the loan funds, it shall take corresponding measures to control it in accordance with the contract.
For example, the Measures for the Administration of Fixed Assets Loans (Draft for Comment) clearly points out that the lender should strengthen the monitoring of the borrower's misappropriation of funds, and if it is found that the borrower misappropriates the loan funds, it should take corresponding measures such as requiring the borrower to rectify or repay in advance according to the contract. The Interim Measures for the Management of Fixed Assets Loans only indicates that the lender should agree with the borrower on a clear and legal purpose of the loan, and check and supervise the use of the loan according to the agreement to prevent the loan from being misappropriated.
The Measures for the Administration of Personal Loans (Draft for Comment) stipulates that lenders should strengthen the monitoring of borrowers' misappropriation of funds. If it is found that the borrower misappropriates the loan funds, it shall take corresponding measures such as requiring the borrower to rectify or repay the loan in advance in accordance with the contract. There is no relevant provision in the Interim Measures for the Administration of Personal Loans.
The Administrative Measures for Working Capital Loans (Draft for Comment) stipulates that misappropriation of working capital loans is prohibited, and lenders shall inspect and supervise the use of working capital loans in accordance with the contract. At the same time, the lender should strengthen the monitoring of the borrower's misappropriation of funds. If it is found that the borrower misappropriates the loan funds, it shall take corresponding measures such as requiring the borrower to rectify or repay the loan in advance in accordance with the contract. The Interim Measures for the Management of Working Capital Loans also stipulates that working capital loans shall not be misappropriated, and lenders shall inspect and supervise the use of working capital loans in accordance with the contract.
In addition, for the Internet loan business that commercial banks are concerned about at present, Article 45 of the Measures for the Administration of Working Capital Loans (Draft for Comment) and Article 48 of the Measures for the Administration of Personal Loans (Draft for Comment) stipulate that the working capital loans and personal loans that meet the relevant provisions of the Interim Measures for the Administration of Internet Loans of Commercial Banks shall be subject to other provisions of the Interim Measures for the Administration of Internet Loans of Commercial Banks.
The Interim Measures for the Management of Fixed Assets Loans stipulates the actual investment amount and the original investment amount of the project.
The Interim Measures for the Management of Fixed Assets Loans stipulates that the actual investment of the project exceeds the original investment. According to the inquiry, the Interim Measures for the Management of Fixed Assets Loans stipulates that if the actual investment amount of the project exceeds the original investment amount, and the lender decides to increase the loan after re-risk assessment and approval, it shall require the project organizer to supplement the investment not less than the proportion of the project capital and the corresponding guarantee.
Can the fixed assets loan be extended?
According to the actual situation, it is generally possible. At present, there is no clause that cannot be renewed.
The inquired document is the Interim Measures for the Management of Fixed Assets Loans issued by China Banking Regulatory Commission on July 23, 2009.
Article 3 The term "fixed assets loans" as mentioned in these Measures refers to loans granted by lenders to enterprises (institutions), legal persons or other organizations that can act as borrowers as stipulated by the state for the borrower's investment in fixed assets.
What are the three methods and one guideline of CBRC?
Notice of the general office of the China Banking Regulatory Commission on printing and distributing the relevant indicators and standards of entrusted payment of floating loans in the "Three Measures and One Guide". Mainly includes: \ Three laws refer to three interim management measures: Interim Measures for the Management of Fixed Assets Loans, Interim Measures for the Management of Working Capital Loans and Interim Measures for the Management of Personal Loans. \ 1 "Guide" refers to "Guide to Project Financing Business". The "three laws and one guideline" advocates refined loan management, strengthens loan risk management and control, further clarifies the loan process, and puts forward new requirements for reasonably measuring the borrower's capital demand, loan fund payment and post-loan management. Compared with the traditional credit management system, it has profound changes. This principle is the core concept of "three laws and one guidance" and a revolutionary measure of loan business issuance and payment methods.
Detailed Rules for the Management of Fixed Assets Loans
Legal analysis: fixed assets loans are loans issued by banks for fixed assets investment of enterprises. Before the reform of economic system, banks in China only issued loans to the working capital of enterprises, and the fixed assets of state-owned enterprises were allocated by the state finance, while the fixed assets of collective enterprises were raised by enterprises themselves. The arrangement of fixed assets loan projects and loan plans must be based on the project plans and credit plans approved by the state, and the pre-decision evaluation shall be carried out according to the prescribed procedures and authorization. The choice of fixed assets loan projects must conform to the national industrial policy and financial policy, and be inclined to the basic industries, pillar industries and emerging industries with great competitiveness and development potential that are conducive to promoting the sustained, rapid and healthy development of the national economy and the all-round progress of various social undertakings; Strengthen the market concept, improve the investment benefit, and pay attention to cultivating the basic and key households of the Bank in combination with the business development direction of the Bank; It meets the requirements of capital operation of commercial banks and pays attention to the coordination and unification of capital safety, liquidity and efficiency, which not only ensures the timely recovery of loan principal and interest, but also expands the adjustment energy and influence of banks on the economy, taking into account the actual bearing capacity of banks.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 667 A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.
Article 680 usury is prohibited and the loan interest rate shall not violate the relevant provisions of the state. If there is no agreement on the payment of interest in the loan contract, it shall be deemed that there is no interest. If the loan contract does not specify the payment method of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or the parties' trading methods, trading habits, market interest rates and other factors; Loans between natural persons are regarded as interest-free.
Interim Measures for the Administration of Fixed Assets Loans
Interim Measures for the Administration of Fixed Assets Loans:
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 in order to regulate the operation behavior of fixed assets loans of banking financial institutions, strengthen the prudent management of fixed assets loans and promote the healthy development of fixed assets loans.
Acceptance and investigation
The fixed assets loan application accepted by the lender shall meet the following conditions.
(1) The borrower has been approved and registered by the administrative department for industry and commerce or the competent authority according to law.
(2) The borrower's credit status is good and there is no significant bad record.
(3) If the borrower is a newly established project legal person, its controlling shareholder has a good credit status and no major bad record.
(four) the state has the investment subject qualification and business qualification requirements that meet the requirements of the proposed investment project.
(five) the purpose of the loan and the source of repayment are clear and legal.
So much for the Interim Measures for the Management of Fixed Loans.