The participants of domestic syndicated loans are domestic banks and non-bank financial institutions in China. Article 3 The granting of syndicated loans must abide by the relevant financial laws and regulations of the state and conform to the national industrial and credit policies. When syndicated loans involve cross-regional, cross-industry and investment plans, relevant parties should actively support and solve them. Article 4 syndicated loans are applicable to medium-and long-term loans, short-term loans, RMB loans and foreign currency loans that meet the loan conditions and have a large amount. Article 5 Borrowers and lenders of syndicated loans must honor contracts and keep promises. Financial institutions participating in syndicated loans shall follow the principles of voluntary consultation and mutual benefit, and enjoy rights and interests and bear risks according to the proportion of capital contribution or in accordance with the agreement. Article 6 syndicated loans shall be filed with the local people's bank, and the people's bank shall actively create conditions for the establishment of syndicated loans. Chapter II Preparation of Syndicated Loans Article 7 The main targets of syndicated loans are large and medium-sized state-owned enterprises, enterprise groups and key construction projects listed in the national plan. Article 8 Borrowers and lenders of syndicated loans must meet the basic conditions and requirements of borrowers and lenders in the General Rules for Loans. Article 9 The establishment of syndicated loans shall be proposed by borrowers or relevant financial institutions. After mutual agreement, the borrower submits a formal written entrustment to the relevant financial institution. Relevant financial institutions send invitations to peers according to written entrustment. Article 10 The organizer or arranger of a syndicated loan is called the lead bank. In principle, the lead bank shall be the borrower's main lending bank or basic deposit account Bank. The lead bank usually owns the largest share of syndicated loans. Article 11 The correspondent bank is the loan manager after the syndicated loan agreement is signed. The general correspondent bank is the lead bank of the borrower, and it can also be generated by the members of the syndicate through consultation. Article 12 All financial institutions participating in syndicated loans are member banks of syndicated loans. In syndicated loans, the lead bank, the correspondent bank and other member banks are equal subjects of civil rights and obligations. Article 13 A syndicated loan project shall be reviewed by the lead bank or by the member banks of the syndicate. The evaluation method to be adopted shall be determined by the member banks of the Bank through consultation. When evaluating loan projects, syndicated member banks have the right to require borrowers to provide relevant information needed for evaluating and reviewing projects. The borrower has the obligation to truthfully provide the information needed for the loan to the member banks and accept the inquiry. The lead bank and the correspondent bank are obliged to truthfully inform other member banks of the borrower's situation. Chapter III Issuance and Recovery of Syndicated Loans Article 14 Syndicated loans shall be handled by means of "total amount determination and sharing among members". Fifteenth member banks to share the amount of syndicated loans on the principle of "voluntary loan negotiation". Article 16 A syndicated loan member shall sign a syndicated loan agreement with the borrower and guarantor. Article 17 A syndicated loan agreement refers to a single loan contract signed by the borrower and the borrower after consultation according to relevant laws and regulations. Representatives of all parties to the syndicated loan shall sign the loan agreement respectively and affix the official seals of all units. Article 18 A syndicated loan agreement shall have the following main clauses:
(a) the basic information of the parties to the loan agreement, mainly including the names and residences of the borrower, the lead bank, the agent bank, other member banks and the guarantor;
(2) Definition and interpretation, which defines and explains the meanings of specific terms in the agreement;
(3) The agreements related to the loan contract, including the loan type, purpose, amount, interest rate, loan term, repayment method, repayment fund source, guarantee terms, etc. ;
(4) The loan amount and loan disbursement time promised by each member bank;
(5) Rights and obligations of the correspondent bank.
(6) The agreement on convening the syndicate meeting and the decision of the syndicate meeting;
(7) Liability for breach of contract;
(eight) other laws and regulations or the terms agreed by the parties. Article 19 syndicated loans shall be handled according to the types of loans and corresponding loan management measures. Twentieth syndicated loans should be charged interest at the loan interest rate and method stipulated by the People's Bank of China. Article 21 A member bank of a syndicated loan shall not charge the borrower any other fees except interest. The expenses incurred by the syndicated loan shall be borne by the correspondent bank or settled by the syndicate members through consultation. Twenty-second loan issuance and principal and interest recovery shall be handled by the agent bank. When the loan is issued, each member bank shall transfer the money to the borrower's special account in the correspondent bank according to the agreement. The principal and interest recovered shall be returned by the borrower to the agent bank in time according to the agreement, and the agent bank shall immediately transfer it to the member banks in proportion. Twenty-third when the loan expires, the borrower shall repay the loan principal and interest in full on schedule. If the syndicated loan cannot be repaid in full on schedule, the correspondent bank shall distribute the returned part to each member bank in proportion to the loan share of the member bank according to the provisions of the agreement. The overdue penalty interest shall be charged by the agent bank to the borrower in accordance with the relevant provisions of the People's Bank of China.