Attached with legal basis:
1, China People's Bank1General Principles of Loans issued on June 28th, 996;
Article 8
Short-term loans, medium-term loans and long-term loans:
Short-term loans refer to loans with a term of less than (including) years.
Medium-term loans refer to loans with a loan term of over years (excluding years) to under years (including years).
Long-term loans refer to loans with a loan term of more than years (excluding years).
Article 12
Loan extension: If the loan cannot be repaid on time, the borrower shall apply to the lender for loan extension before the loan expires. Whether the extension is decided by the lender. When applying for extension of secured loan, mortgage loan or pledged loan, the guarantor, mortgagor and pledgor shall also issue a written consent certificate. If there is an agreement, it shall be implemented in accordance with the agreement.
The cumulative extension period of short-term loans shall not exceed the original loan period; The cumulative extension period of medium-term loans shall not exceed half of the original loan period; The cumulative extension period of long-term loans shall not exceed years. Unless otherwise stipulated by the state. The borrower did not apply for extension or the extension application was not approved.
, the loan will be credited to the overdue loan account the day after the maturity date.
2.2065438+In September, 2009, the Supreme People's Court issued the Minutes of the National Civil and Commercial Judicial Work Conference.
The validity of a contract in violation of the provisions generally does not affect the validity of the contract, but if the provisions involve public order and good customs such as financial security, market order and national macro policies, the contract shall be deemed invalid. When determining whether the provisions involve public order and good customs, the people's court should carefully consider the factors such as supervision, transaction safety protection, social impact and so on on on the basis of investigating the objects of the provisions, and fully reason in the judgment documents.
Extended reading:
Other departmental regulations with restrictions on extension:
1. Interim Measures for the Administration of Personal Loans (CBRC Order No.2, 20 10) was originally issued by CBRC on 20 10: the cumulative extension period of personal loans within one year (inclusive) 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.
2.20 15. 12 administrative measures of the people's bank of China on agricultural refinancing (yinfa [20 1 5] No.395): the term of agricultural refinancing is divided into three grades: 3 months, 6 months and 1 year, and the longest term of the loan contract shall not exceed/kloc. Re-loans for supporting agriculture shall be extended for a total of no more than 2 times, each extension period shall not exceed the loan contract period, and the actual loan period shall not exceed 3 years.
3.20 16.3 Notice on Developing Poverty Alleviation Re-loan Business (Yinfa [20 1 6] No.91) The term of poverty alleviation re-loan is divided into three grades: 3 months, 6 months and1year. The longest term of the loan contract shall not exceed 1 year. The cumulative extension times of poverty alleviation refinancing shall not exceed 4 times, each extension period shall not exceed the loan contract period, and the actual use period shall not exceed 5 years.
4. Notice of 20 16.7 on Implementing Entrepreneurship Guarantee Loans to Support Entrepreneurship Employment (Yinfa [2065438+06] No.202) The longest term of entrepreneurship guarantee loans granted to individuals shall not exceed 3 years; The loan can be extended 1 time with the approval of the handling financial institution, and the extension period shall not exceed 1 year.
5.20 17. 10 Measures for the Administration of Automobile Loans (Order No.2 of China Banking Regulatory Commission of the People's Bank of China [20 17]) The loan term of automobile loans (including extension) shall not exceed 5 years, among which the loan term of used car loans (including extension) shall not exceed 3 years, and the loan term of dealer automobile loans shall not exceed 65,000.
6.20 10.5 notice on regulating the business of banking financial institutions in bridge loan (No.35 [20/kloc-0]): the term of bridge loan shall not exceed 1 year and may not be extended.
7. Notice on Regulating Inter-bank Business of Financial Institutions (Yinfa [20 14] 127): The longest term of inter-bank lending business shall not exceed 3 years, and the longest term of other inter-bank financing businesses shall not exceed 1 year, and the business shall not be extended after its expiration.
The information in this article is for general legal reference only and should not be regarded as legal opinions or basis for specific matters.
Related Questions and Answers: Related Questions and Answers: What laws, regulations and systems related to credit should bank loan personnel know? Credit business is a profitable business in banks, and it is also a high-risk business operated by banks. Credit personnel should not only market high-quality customers for banks, but also take the first step of risk control for banks, so the necessary credit laws and regulations should be mastered. Here I briefly summarize the laws and regulations that bank credit personnel should know.
The originator of the laws and regulations on bank credit business in China-General Rules for Loans.
The General Rules for Loans was promulgated by the People's Bank of China on 1996 and came into effect on 1 August/996. In 2004 and 20 10, we asked for amendments respectively, but there was no final result. Although it has been a long time, and many related clauses are slightly backward, as bank credit practitioners, we all know that in the bank credit policy, no one can shake the originator of the general principles of loans. Later, many policies, including "three laws and one guide", were perfected on the basis of the general principles of loans, so bank credit practitioners must be familiar with the general principles of loans.
The programmatic document of China's credit business rules and regulations-"three methods and one guide"
Since February 20 10, the China Banking Regulatory Commission has successively promulgated the Interim Measures for the Management of Working Capital Loans, the Interim Measures for the Management of Personal Loans, the Interim Measures for the Management of Fixed Assets Loans and the Guidelines for Project Financing, also known as "three measures and one guideline", which initially constructed and improved the legal framework for the loan business of banking financial institutions in China. "Three methods and one guideline" has built a basic framework for the major corporate and personal credit businesses of China's banking financial institutions, and it is also a legal system that China's bank credit practitioners must master.
Basic laws and regulations of commercial banks
As a bank employee, one must know the laws and regulations about commercial banks in China, including the People's Bank Law, the Commercial Bank Law, the Banking Supervision and Management Law, and the measures for the management of related transactions between commercial banks and insiders and shareholders.
General laws and regulations related to credit business
Bank credit business involves company management, natural person management, guarantee management and many other aspects. Therefore, bank credit practitioners should also understand company law, contract law, marriage law, property law, guarantee law, criminal law, consumer rights protection law and related judicial interpretations.
Laws and regulations of internet finance business
With the increasingly close combination of Internet technology and finance, bank credit business is increasingly branded with Internet finance. Among them, the Interim Measures for the Management of Business Activities of Personal-to-Personal Lending Information Intermediaries, the Guidelines for the Registration and Registration of Personal-to-Personal Lending Information Intermediaries, the Guidelines for the Deposit and Management of Personal-to-Personal Lending Funds, and the Guidelines for the Information Disclosure of Business Activities of Personal-to-Personal Lending Information Intermediaries are called "One Law and Three Guidelines" for online lending business, which need to attract the attention of bank credit practitioners.
Specific measures for the management of credit products
On the basis of "three methods and one guideline", the People's Bank of China and the China Banking Regulatory Commission have also made clear provisions on other specific loan products, such as the Measures for the Administration of Personal Housing Loans and the Measures for the Administration of Automobile Loans.
Regular normative rules and regulations
The People's Bank of China, the China Banking Regulatory Commission and other institutions will issue some regulatory policies and guidance policies from time to time according to market conditions, which will have an impact on credit business. Therefore, bank credit practitioners should not only pay attention to the rules and regulations of banks, but also pay attention to some normative policies issued by relevant state departments in time.