Legal basis: Interim Measures for the Administration of Personal Loans.
Article 11 An individual loan application shall meet the following conditions:
(1) The borrower is a People's Republic of China (PRC) citizen with full capacity for civil conduct or an overseas natural person who meets the relevant provisions of the state;
(2) The purpose of the loan is clear and legal;
(3) The amount, duration and currency of the loan application are reasonable;
(4) The borrower has the willingness and ability to repay;
(5) The borrower's credit status is good and there is no significant bad credit record;
(6) Other conditions required by the lender.
Article 12 The lender shall require the borrower to apply for a personal loan in writing, and require the borrower to provide relevant materials that can prove that it meets the loan conditions.
Article 13 After accepting the borrower's loan application, the lender shall fulfill the obligation of due diligence, investigate and verify the authenticity, accuracy and completeness of the personal loan application content and related information, and form an investigation and evaluation opinion.
Article 14 The loan investigation includes but is not limited to the following contents:
(1) Basic information of the borrower;
(2) The income of the borrower;
(3) the purpose of the loan;
(4) The source, ability and method of repayment of the borrower;
(5) Guarantor's willingness to guarantee, ability to guarantee, value of collateral (pledge) and liquidity.
Fifteenth loan investigation should be based on field investigation, supplemented by indirect investigation, and take on-site verification, telephone inquiry, information consultation and other ways and methods.
Article 16 On the premise of not damaging the legitimate rights and interests of the borrower and controlling risks, the lender may prudently entrust a third party to handle some specific matters in the loan investigation, but the qualifications of the third party must be made clear. The lender shall not entrust all matters of loan investigation to a third party.
Seventeenth lenders should establish and strictly implement the loan interview system. Where low-risk pledged loans are issued through electronic banking channels, the lender shall at least take effective measures to determine the true identity of the borrower.