commercial loan

Commercial loans are loans used to supplement the working capital of industrial and commercial enterprises. Generally, they are short-term loans, usually 9 months, and no more than one year at most, but there are also a few medium-and long-term loans. This kind of loan is the main part of commercial bank loans, generally accounting for more than one-third of the total loans.

Mortgage loan/securities loan

Mortgage loan refers to the loan that the borrower obtains from the bank with certain collateral as guarantee. It is a loan form of capitalist banks, and the collateral usually includes securities, China bonds, various stocks, real estate, and bills of lading, warehouse receipts or other documents that prove the ownership of goods. When the loan expires, the borrower must return it in full, otherwise the bank has the right to dispose of the collateral as compensation.

1, loan application conditions

When applying for a loan, Beijing urban residents with full capacity for civil conduct, nonlocal residents with the right of abode in Beijing, overseas and foreign citizens must meet the following conditions: (1) having legal residence status; Have a stable occupation and income; Having the ability to repay the loan principal and interest on schedule; There are assets recognized by the loan bank for mortgage or pledge, or (and) there are guarantors who meet the prescribed conditions as their guarantees; There is a contract or agreement for the purchase of housing; When applying for a loan, there is no less than 30% deposit in CCB. If the house payment has been paid in advance to the selling unit, the original and photocopy of the payment receipt are required; Other conditions stipulated by the lending bank.

2, the loan applicant should provide materials

The borrower goes to China Construction Bank or the agent network of the developer who signed the Cooperation Agreement with China Construction Bank to fill in the Application Form for Personal Housing Loan and provide the following materials: a) my household registration book, ID card or other valid residence certificate; B) proof of occupation and income; C) Relevant certification materials such as house purchase contract or letter of intent; D) proof that the down payment accounts for 30% of the house price; E) Other materials required by the agency of China Construction Bank.

Step 3 go through the formalities

O The agency of CCB or the law firm (or notary office) entrusted by CCB will investigate the information provided by the borrower. O The agency of China Construction Bank shall examine and approve the borrower's application. O The borrower opens an account, obtains a savings card and signs a loan contract. O Handle mortgage, guarantee, pledge, insurance and other related guarantee procedures. O The loan contract takes effect and the funds are transferred to the developer's account.

The borrower repays the loan

During the loan period, the borrower repays the principal and interest of the bank loan with the same monthly repayment amount. O Borrowers can choose two ways: automatic deduction by computer or repayment by networked savings offices of loan banks, and repayment of loan principal and interest on a monthly basis; 5. If the change or termination of the loan contract needs to be changed, the loan handling bank, the borrower and related borrowers must die, be declared missing or lose their capacity for civil conduct, and if their property heirs, guardians or legatees continue to perform the loan contract signed by the borrower, they should re-sign the loan contract and go through the relevant formalities. O After the borrower repays all the loan principal and interest as agreed in this contract, the collateral or pledge is returned to the mortgagor or pledger, and the loan contract is terminated. Personal housing mortgage loan of Agricultural Bank refers to the consumer loan business in which the borrower purchases affordable housing designated by Agricultural Bank of China, uses the purchased housing as collateral, and applies for a loan from Agricultural Bank of China to pay part of the purchase price and the principal and interest on a monthly basis. The loan amount can reach 70% of the house price, the longest term can reach 20 years, and the interest rate is fixed for one year.

[Edit this paragraph] Three forms

1. Ordinary commercial loan (no need to pay off with the buyer's loan) 2. Fast commercial loan (it needs to be paid off with the buyer's loan, and staged guarantee is provided through the guarantee institution) 3. Provident fund loan (too many procedures, too long time to get the money, more risky than the seller).

[Edit this paragraph] Handler

1. The borrower and the developer pay 30% of the house purchase price at the same time when signing the house purchase contract; 2. Submit relevant materials to the law firm for review; 3. After receiving the Legal Opinion issued by the law firm, the bank signs a loan contract, mortgage contract and guarantee contract with the purchaser; 4. According to relevant information, handle mortgage registration, home insurance, contract notarization and other procedures, and issue loans. 5. The borrower repays the loan by equal repayment. For the outstanding loan principal, the borrower can repay it in one lump sum, and interest will still be charged in the current period of prepayment. No fines will be charged.

[Edit this paragraph] Handling mechanism

All branches within the jurisdiction.

[Edit this paragraph] Interest rate

Benchmark interest rate, lower interest rate limit and upper interest rate limit of commercial loans

Within 6 months (inclusive) 4.86 3.402 5.346

6 months to 1 year (inclusive) 5.3 1 3.717 5.36438+0.

1 to 3 years (including 3 years) 5.4 3.780 5.940

3 to 5 years (including 5 years) 5.76 4.032 6.336

More than 5 years 5.94 4. 158 6.534

[Edit this paragraph] Policy analysis

1. Borrowing international commercial loans directly from commercial loans, whether short-term or long-term, domestic-funded enterprises must meet the requirements: 1, have been profitable continuously in the last three years, have import and export business licenses, and belong to industries encouraged by the state; ? 2. Have a sound financial management system; ? 3. The ratio of net assets to total assets of trading non-financial enterprises as legal persons shall not be less than15%; The ratio of net assets to total assets of non-transactional non-financial enterprises as legal persons shall not be less than 30%; 4. The sum of the balance of borrowed international commercial loans and external guarantees shall not exceed 50% of the foreign exchange equivalent of its net assets; 5. The sum of the balance of foreign exchange loans and foreign exchange guarantees shall not exceed the foreign exchange income of the previous year. Second, domestic enterprises borrowing medium and long-term international commercial loans must be approved by the State Planning Commission. The Interim Measures for Foreign Debt Management (Order No.28 of the Ministry of Finance and the State Administration of Foreign Exchange of the State Development Planning Commission, June 5438+ 10) stipulates that domestic Chinese-funded enterprises and other institutions must obtain the approval of the State Development Planning Commission to borrow medium and long-term international commercial loans. In other words, domestic-funded enterprises that meet the conditions of borrowing medium-and long-term international commercial loans need to apply to the State Planning Commission first to ensure that the medium-and long-term international commercial loans borrowed by them are included in the national foreign capital utilization plan. 3. The examination and approval procedures for handling financing conditions at the foreign exchange bureau have been cancelled, and domestic-funded enterprises can directly sign loan contracts first. The Notice of the State Administration of Foreign Exchange on Cancelling Transitional Policies and Measures after Administrative Examination and Approval of Foreign Exchange Management in Some Capital Projects (Huifa [2003] No.50) stipulates that the examination and approval of medium and long-term foreign debt financing conditions of Chinese-funded institutions in China shall be cancelled. After the cancellation of the corresponding examination and approval, Chinese-funded institutions can borrow medium and long-term foreign debts. It is no longer necessary to go to the foreign exchange bureau for examination and approval of financing conditions, but only to go through the foreign debt registration formalities one by one after signing the loan contract. ? The approval procedure for domestic enterprises to go to the foreign exchange bureau in advance for financing conditions was cancelled, which greatly saved the time for enterprises to go through the formalities and brought great convenience for domestic enterprises to borrow medium and long-term international commercial loans. However, this does not mean that the requirements for domestic enterprises to borrow medium and long-term international commercial loans are greatly relaxed, because the foreign exchange branch will strictly examine the borrower's loan qualifications when handling the foreign debt registration procedures one by one after signing the loan contract. In essence, the foreign exchange bureau's review of the conditions for domestic-funded enterprises to borrow medium and long-term international commercial loans is only adjusted to the process of registering foreign debts one by one after the signing of the loan contract. The parties reach an agreement through consultation and sign a change contract according to law.

Classification of collateral in mortgage loan

To standardize the operating procedures of mortgage loans, we must correctly grasp the legal basis and operating principles in mortgage loans. In China, the current mortgage loans can be roughly divided into six categories according to the scope of collateral: (1) inventory mortgage, also known as commodity mortgage, refers to all kinds of commodities mastered by labor services, including commodities, raw materials, work in progress, finished products, etc., and applies for loans from banks. (2) Customer account mortgage refers to the short-term loan secured by accounts receivable. (3) Securities mortgage refers to obtaining short-term loans with various securities such as stocks, bills of exchange, promissory notes, certificates of deposit and bonds as collateral. (4) Equipment mortgage, including mechanical equipment, vehicles, ships, etc. Used as a guarantee for obtaining regular loans from banks. (5) Real estate mortgage, that is, the borrower provides land, houses and other real estate mortgages to obtain loans. (six) mortgage of life insurance policy refers to the establishment of mortgage right on the claim of insurance money. It takes the surrender amount of life insurance contract as the limit, and the insurance policy as the mortgage to issue loans to the insured.

Loan method

Mortgage is divided into high-level mortgage and traditional mortgage. Maximum mortgage refers to the agreement between the mortgagor and the mortgagee to guarantee the creditor's rights that occur continuously in a certain period with collateral within the maximum creditor's rights limit. It is a new mortgage system which is different from the traditional mortgage system. The difference is that the creditor's rights guaranteed by the highest mortgage are uncertain creditor's rights. (2) The creditor's rights secured by the maximum mortgage are usually future creditor's rights; (3) if there is a maximum mortgage, it must exceed the maximum payment; (4) The maximum mortgage shall not be transferred with the transfer of the principal creditor's rights. Although the maximum mortgage is more independent than the traditional mortgage, it still belongs to the collateral, and its establishment mode and effect are not essentially different from the traditional mortgage. Personal small mortgage loan

Personal time deposit certificate small pledge loan refers to a combination of deposit and loan business in which a customer who opens a deposit in a bank uses the unexpired time deposit certificate held by a bank outlet in the same city as pledge to apply for a certain amount of loan from the bank and repay the principal and interest of the loan at maturity. The maximum loan amount shall not exceed 95% of the face value of the pledged RMB deposit certificate, or 90% of the foreign currency deposit certificate converted into RMB according to the buying price of foreign exchange (paper money) announced by the State Administration of Foreign Exchange on that day.

Enterprise mortgage loan

Enterprise loan target: all kinds of small and medium-sized enterprise customers with good business conditions in industrial and commercial registration. Term of corporate loan: generally 65,438+0-2 years. Enterprise loan amount: 65,438+100,000 ~ 500,000 yuan. Basic requirements: 1. Small and medium-sized enterprises registered in Shanghai. 2. Hold a loan card issued by the People's Bank of China, and have no bad credit record. 3. The company has been registered and operated for more than 3 years, with an annual turnover of more than 3 million in the latest year. In order to effectively reduce the burden on enterprises, the State Planning Commission, the Ministry of Finance, the State Economic and Trade Commission and the People's Bank of China recently issued the Notice on Rectifying Enterprise Mortgage Fees with the approval of the Inter-Ministerial Joint Conference on Reducing Enterprise Burden in the State Council, so as to comprehensively rectify enterprise mortgage fees. At present, in the process of handling mortgage loans, Chinese enterprises have many charging items and high charging standards. Some government departments repeatedly charge fees and collect fees at random, and some intermediaries use administrative power to force services and collect fees at random. For example, a silk group company in Sichuan paid 1 1 10,000 yuan of land evaluation fee, house evaluation fee, appraisal fee, mortgage registration fee, notarization fee and production fee, which was equivalent to 5.6% of the loan amount. An enterprise in Guangxi applied for a loan of 2 million yuan with real estate as collateral. When it went through the land registration, it was asked by the relevant departments to make repeated evaluation, registration and confirmation twice, which took seven months before and after. In view of the problems existing in mortgage loans, the Notice explicitly cancels the fees charged by relevant government departments, such as verification fees, file retrieval fees, filing fees, site investigation fees, expired storage fees, cancellation fees, management fees, review fees, confirmation fees, etc. It is emphasized that in the process of handling mortgage loans, no department or unit is allowed to force services and charges, and enterprises are not allowed to accept services and charges at designated institutions, except for the statutory registration that must be performed to ensure the safety of loan funds. The supervision of intermediary institutions has been strengthened, and it is clearly stipulated that if mortgage loans need to be evaluated, notarized and certified, the entrusting party should entrust a qualified institution to evaluate, notarize and certify according to the principle of "who entrusts and who pays", and appropriately reduce the relevant charging standards. Further clarified the relevant policy boundaries of corporate mortgage loans. The "Notice" stipulates that the assessment of loan collateral must be based on the effective collateral assessment amount that is suitable for the loan scale, and it is not allowed to charge more by expanding the scope of the assessment target or inflating the valuation; The validity period of the registration of mortgage rights and interests of collateral shall be consistent with the loan period. During the loan period, the evaluation, notarization and verification institutions shall not repeat the evaluation, notarization and verification and charge fees; After the expiration of the registration period of mortgage rights and interests, if an enterprise continues to use the same collateral to apply for mortgage loan extension, no mortgage registration fee will be charged except for the production cost.