Legal basis:
People's Republic of China (PRC) Commercial Bank Law
Article 34 Commercial banks should conduct loan business according to the needs of national economic and social development and under the guidance of national industrial policies.
Article 35 A commercial bank shall strictly examine the borrower's loan purpose, repayment ability and repayment method. Commercial bank loans shall be subject to the system of separating loan review from grading approval.
Article 36 When a commercial bank lends money, the borrower shall provide guarantee. Commercial banks should strictly examine the repayment ability of guarantors, the ownership and value of collateral, and the feasibility of realizing collateral. After examination and evaluation by a commercial bank, it is confirmed that the borrower has a good credit standing and can repay the loan, and no guarantee may be provided.
Article 37 A commercial bank shall sign a written contract with the borrower when issuing loans. The contract shall stipulate the type, purpose, amount, interest rate, repayment period, repayment method, liability for breach of contract and other matters that both parties think need to be agreed.
Article 38 A commercial bank shall determine the loan interest rate according to the upper and lower limits of the loan interest rate stipulated by the People's Bank of China.
Article 39 A commercial bank shall abide by the following provisions on the management of asset-liability ratio when granting loans:
(1) The capital adequacy ratio shall not be less than 8%.
(2) The ratio of loan balance to deposit balance shall not exceed 75%;
(3) The ratio of the balance of current assets to the balance of current liabilities shall not be less than 25%.
(4) The ratio of the loan balance to the capital balance of a commercial bank to the same borrower shall not exceed 10%.
(5) Other provisions of the State Council Banking Regulatory Authority on asset-liability ratio management.
If the asset-liability ratio of a commercial bank established before the implementation of this law does not meet the provisions of the preceding paragraph after the implementation of this law, it shall meet the provisions of the preceding paragraph within a certain period of time. Specific measures shall be formulated by the State Council.