The Circular urges banking financial institutions to further strengthen prudent and compliant operations from the aspects of strengthening borrower qualification verification, strengthening credit demand review, strengthening loan term management, strengthening loan collateral management, strengthening post-loan management in loans, and strengthening internal management of banks, so as to prevent operating loans from flowing into the real estate sector in violation of regulations.
Strengthen the verification of the qualifications of borrowers.
Banking financial institutions should effectively strengthen the "three checks" on operating loans, implement the requirements of credit approval, and may not issue operating loans to shell enterprises that have no actual operations. Borrowers who are less than 1 year after the establishment of the enterprise, or less than 1 year after holding the mortgaged property, should further strengthen the qualification examination of the borrower, and cross-check all kinds of information such as industrial and commercial registration, business operation, tax payment, etc., and shall not replace substantive examination with enterprise certification materials.
Strengthen the review of credit demand
Banking financial institutions shall conduct a penetrating and substantive review of the loan demand for business purposes, reasonably determine the total amount of credit according to the actual business needs of borrowers, and the total amount of credit shall match the actual operating conditions of enterprises such as annual operating income and capital flow. Pay close attention to the borrower's first repayment source, and do not relax the review of real loan demand because of sufficient mortgage. Adhere to the combination of online and offline. If the loan amount is large, it is necessary to understand all aspects of the enterprise through various forms and further strengthen the audit. Operating loans issued through Internet channels shall comply with the relevant provisions of Internet loan management. Enterprises whose capital flows are obviously inconsistent with their operating conditions shall not issue operating loans.
Strengthen the management of loan term
Banking financial institutions should do a good job in managing the loan term for business purposes and reasonably determine the loan term according to the actual needs of borrowers. For operating loans with a term of more than three years, it is necessary to further strengthen risk management, establish a sound internal management system, establish a special statistical ledger, register one by one and check regularly to ensure that the loan term matches the borrower's production and operation cycle and the law of capital revenue and expenditure, and is really used for enterprise operation.
Strengthen the management of loan collateral
For loans using real estate mortgage, banking financial institutions should strengthen the management of mortgage valuation and reasonably grasp the loan mortgage ratio. Focus on the rationality of the financing demand for applying for operating loans in the short term after the completion of real estate transactions, and carefully determine the loan mortgage ratio for mortgagor who is dissatisfied with the mortgaged real estate 1 year. If the mortgagor has held the collateral for less than 3 years, the banking financial institution shall regularly check the use of the loan and keep the verification records.
Strengthen post-loan management in lending.
Banking financial institutions should further tighten post-loan management, implement the requirements of entrusted payment of funds, and prevent enterprises from evading the requirements of entrusted payment through related parties. Strengthen the monitoring and early warning of the flow of post-loan funds, and not weaken the management and control of post-loan funds on the grounds that entrusted payment has been carried out. Banking financial institutions shall inform borrowers in writing of the legal risks and related impacts of illegal use of housing credit funds. When signing a loan agreement with the borrower, you should also sign a letter of commitment on the use of funds, making it clear that once the loan is found to be misappropriated in the real estate field, the loan will be recovered immediately, the credit line will be reduced, and the corresponding legal responsibilities will be investigated. Banking financial institutions should strengthen publicity and education through website publicity and posting announcements at business outlets.
Strengthen the internal management of banks
Banking financial institutions should implement the main responsibility, further strengthen the awareness of compliance and prudent management concept, carefully sort out the operation process of operating loans, tighten the system cage, and effectively strengthen internal accountability. It is necessary to strengthen the monitoring and analysis of operating loans of branches. It is necessary to strengthen the monitoring of employees' abnormal behaviors, prevent internal and external collusion, and investigate the responsibilities of relevant illegal personnel in strict accordance with the law.
Strengthen the management of intermediary institutions
All banking financial institutions should formulate access standards for various intermediaries and establish a "white list" of cooperative institutions. Intermediaries that assist borrowers to obtain loans for business purposes shall not cooperate, and the list of relevant institutions shall be submitted to the relevant local administrative departments, and the illegal acts shall be handed over to judicial organs in a timely manner. It is necessary to strengthen the monitoring and statistics of cooperative business, focusing on strengthening the analysis and verification of the rapid growth of single intermediary cooperative business.
Real estate intermediaries may not provide consultation and services for buyers or cooperate with other institutions to provide financial products such as mortgage loans, and may not induce buyers to use funds for business purposes in violation of regulations; When providing brokerage services for the sale of new houses and second-hand houses, buyers should be required to promise in writing that there is no misappropriation of bank credit funds in the purchase funds. Local housing and urban-rural construction departments have established a "blacklist" of real estate intermediaries and personnel who violate regulations, and increased accountability for punishment and made it public on a regular basis.
Continue to support the development of the real economy.
Banking financial institutions should further improve the efficiency of serving the real economy, continue to increase support for key areas and weak links in economic and social development, thoroughly implement the strategic deployment of the party and the state on financial support for the development of small and micro enterprises, maintain the continuity and stability of credit support policies for small and micro enterprises, and give full play to the positive role of operating loans in supporting the real economy.
Strengthen collaborative supervision and inspection
All banking and insurance regulatory bureaus, local housing and urban-rural construction departments and branches of the People's Bank of China should intensify supervision and inspection of the illegal inflow of operating loans into real estate, unblock the channels for reporting violations, and enjoy and jointly investigate and deal with illegal clues in a timely manner; It is necessary to regard the illegal inflow of operating loans into real estate and other related issues as an important part of all kinds of inspections, strictly accountability according to law, strengthen joint punishment, and timely incorporate the relevant administrative punishment information of enterprises and individuals who illegally misappropriate operating loans into the credit information system.
The notice also mentioned that all banking regulatory bureaus, insurance regulatory bureaus, local housing and urban-rural construction departments and branches of the People's Bank of China should jointly carry out special investigations on the illegal inflow of operating loans into real estate, and complete the investigations before May 3 1 and May 202 1, and increase the supervision, rectification and punishment of violations.