Chapter II Personal Loans
Chapter III Distributors
Chapter IV Institutional Loans
Chapter V Risk Management
Chapter VI Supplementary Provisions Article 1 These Measures are formulated in accordance with the Law of the People's Republic of China on the People's Bank of China, the Law of People's Republic of China (PRC) Commercial Bank and the Law of the People's Republic of China on Banking Supervision and Administration. In order to standardize the management of automobile loan business, prevent the risk of automobile loan and promote the healthy development of automobile loan business.
Article 2 The term "automobile loan" as mentioned in these Measures refers to the loan granted by the lender to the borrower for purchasing automobiles (including used cars), including personal automobile loans, dealer automobile loans and institutional automobile loans.
Article 3 The term "lender" as mentioned in these Measures refers to commercial banks, urban and rural credit cooperatives and non-bank financial institutions established in People's Republic of China (PRC) according to law and approved by the China Banking Regulatory Commission and its dispatched offices to engage in RMB loan business.
Article 4 The term "self-use automobile" as mentioned in these Measures refers to the non-profit-making automobile purchased by the borrower through the automobile loan. Commercial vehicles refer to for-profit vehicles purchased by borrowers through car loans; Used car refers to a car that has gone through the formalities of ownership change and transfer according to law from the date of completion of motor vehicle registration to one year before the specified retirement period.
Article 5 The interest rate of auto loans shall be implemented in accordance with the loan interest rate regulations published by the People's Bank of China, and the methods of interest calculation and settlement shall be determined by both borrowers and borrowers through consultation.
Article 6 The loan term of auto 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 auto loans shall not exceed 1 year.
Article 7 Lenders and borrowers shall follow the principles of equality, voluntariness, honesty and credibility. Article 8 The term "personal car loan" as mentioned in these Measures refers to the loan granted by the lender to the borrower for the purchase of a car.
Article 9 A borrower applying for an individual car loan shall meet the following conditions:
(1) People's Republic of China (PRC) citizens, or Hong Kong, Macao and Taiwan residents and foreigners who have lived in People's Republic of China (PRC) for more than one year (including one year);
(2) Having a valid identity document, a fixed detailed address and full capacity for civil conduct;
(3) Personal legal assets with stable legal income or sufficient to repay the loan principal and interest;
(4) Personal credit is good;
(5) Having the ability to pay the down payment stipulated in these Measures;
(6) Other conditions required by the lender.
Article 10 When granting personal car loans, the lender shall comprehensively consider the following factors and determine the loan conditions such as loan amount, term, interest rate and repayment method:
(a) the lender's credit rating of the borrower;
(2) loan guarantee;
(three) the performance and use of the purchased car;
(four) the development of the automobile industry and the supply and demand of the automobile market.
Article 11 A lender shall establish a borrower's credit file. The borrower's credit file shall include the following contents:
(1) The name, address, valid identification and contact information of the borrower;
(2) Proof of the borrower's income level and credit status;
(three) the purchase agreement, car model, engine number, frame number, price and purpose of the purchased car;
(5) loan collection records;
(six) other information needed to prevent loan risks.
Article 12 When granting personal commercial vehicle loans, the lender shall, in addition to the contents specified in Article 11 of these Measures, add the annual inspection of commercial vehicle operation qualification certificate, commercial vehicle depreciation and insurance information to the borrower's credit file. Article 13 The term "automobile loan for dealers" as mentioned in these Measures refers to the loan granted by the lender to automobile dealers for the purchase of vehicles and/or spare parts.
Article 14 A borrower who applies for an auto loan from a dealer shall meet the following conditions:
(1) Having the Business License for Enterprise as a Legal Person and the annual inspection certificate issued by the administrative department for industry and commerce;
(2) Having a certificate issued by the automobile manufacturer to sell cars as an agent;
(3) The asset-liability ratio does not exceed 80%;
(4) Having a stable legal income or legal assets sufficient to repay the principal and interest of the loan;
(5) The dealers, senior managers of dealers and customers who accept loan applications as agents have no major breach of contract or bad credit records;
(6) Other conditions required by the lender.
Article 15 The lender shall establish an independent credit file for each dealer borrower and update it in time. The dealer credit file shall include the following contents:
(1) The name, legal representative and business address of the distributor;
(2) Copies of various business licenses;
(3) the insurance, commercial credit and financial status of the distributor;
(4) Loan card issued by China People's Bank (No.);
(five) the model, price and use of the purchased cars and parts;
(6) The loan guarantee status;
(seven) other information needed to prevent loan risks.
Article 16 The loan amount provided by the lender to the dealer for purchasing vehicles and/or spare parts shall be based on the dealer's average inventory over a period of time, and the specific period depends on the dealer's inventory turnover.
Article 17 The lender shall regularly check the dealer's credit by regularly counting the dealer's automobile and/or spare parts inventory and analyzing the dealer's financial statements, and adjust the dealer's credit rating and inventory inspection frequency according to the review results. Article 18 The term "institutional automobile loan" as mentioned in these Measures refers to the loan granted by the lender to legal persons other than dealers and other economic organizations (hereinafter referred to as institutional borrowers) for the purchase of automobiles.
Article 19 A borrower applying for an institutional auto loan must meet the following conditions:
(1) Having the business license of enterprise as a legal person or the certificate of institution as a legal person issued by the registration authority of enterprises and institutions, and other legal documents proving that the borrower has the legal person qualification;
(2) It has legal and stable income or legal assets sufficient to repay the loan principal and interest;
(3) Having the ability to pay the down payment stipulated in these Measures;
(4) No major breach of contract or bad credit record;
(5) Other conditions required by the lender.
Article 20 Lenders shall refer to the provisions of Article 15 of these Measures, establish independent credit files for each unit borrower, and strengthen the tracking and monitoring of credit risks.
Article 21 When lending institutional commercial vehicle loans to institutions engaged in car rental business, lenders should monitor the borrower's estimation method of surplus value to prevent risks brought to lenders due to overvaluation of surplus value. Article 22 The amount of loans for self-use automobiles issued by lenders shall not exceed 80% of the price of automobiles purchased by borrowers; Commercial vehicle loan amount shall not exceed 70% of the price of the car purchased by the borrower; The second-hand car loan amount shall not exceed 50% of the price of the car purchased by the borrower.
The car price mentioned in the preceding paragraph refers to the lower of the actual transaction price of the car (excluding various surcharges, fees and premiums) and the new car price announced by the automobile production enterprise, and the lower of the actual transaction price of the car (excluding various surcharges, fees and premiums) and the lender's evaluation price of the used car.
Article 23 A lender shall establish a borrower's credit rating system and carefully determine the borrower's credit rating. For individual borrowers, the credit rating should be determined according to their occupation, income status, repayment ability, credit record and other factors; For dealers and institutional borrowers, the credit rating should be determined according to the information reflected in their credit files, the credit status of senior managers, financial status, credit records and other factors.
Article 24 When granting auto loans, the lender shall require the borrower to provide mortgage or other effective guarantee for the purchased car.
Article 25 The lender shall directly or entrust a designated dealer to accept the application for auto loan, improve the separation system of loan examination, and strengthen the pre-loan examination and post-loan follow-up collection.
Article 26 The lender shall establish a second-hand car market information database and a second-hand car residual value evaluation system.
Article 27 The lender shall establish an auto loan classification monitoring system according to the loan amount, regional distribution of loans, financial status of borrowers, auto brand, mortgage guarantee and other factors. , and regularly check and evaluate different types of auto loan risks. According to the inspection and evaluation results, adjust the risk level of various auto loans in time.
Twenty-eighth lenders should establish an early warning monitoring and analysis system for automobile loans and formulate early warning standards; After exceeding the early warning standard, measures such as reassessing the loan approval system should be taken.
Article 29 A lender shall establish a system for classifying non-performing loans and a prudent loan loss reserve system, and draw corresponding risk reserves.
Article 30 When granting mortgage loans, the lender shall carefully evaluate the value of the collateral, fully consider the impairment risk of the collateral, and set the upper limit of the mortgage rate.
Article 31 The lender shall timely input the information related to auto loans into the credit registration consulting system, and establish an information exchange system with other lenders. Article 32 Where a lender engages in auto loan business in violation of the provisions of these Measures, China Banking Regulatory Commission and its dispatched offices have the right to punish the lender and its related personnel in accordance with the Banking Supervision Law of the People's Republic of China. The People's Bank of China and its branches may advise the China Banking Regulatory Commission and its dispatched offices to supervise and inspect the illegal acts of lenders engaged in auto loan business.
Thirty-third loans issued by lenders to borrowers for the purchase of bulldozers, excavators, mixers, pumps and other engineering vehicles shall be implemented with reference to these measures.
Article 34 These Measures shall be interpreted by the People's Bank of China and the China Banking Regulatory Commission.
Article 35 These Measures shall come into force as of June 65438+1 October1day, 2004, and the Measures for the Administration of Automobile Consumption Loans promulgated by the People's Bank of China on June 1998 shall be abolished as of the date of implementation of these Measures.