Industrial and Commercial Bank of China, Minsheng Bank and other institutions were notified. The reasons behind this were illegal collection of loan fees, compulsory bundling, and high service fees and agency fees, which raised the comprehensive financing cost and reduced the sense of acquisition of small and micro enterprises.
I. Violation of regulations
The central government and the State Council attach great importance to financial support for the development of the real economy, and require all lending banks to effectively reduce the comprehensive financing costs of enterprises and effectively alleviate the financing difficulties and expensive problems of small and medium-sized enterprises. Recently, according to the relevant work arrangements in the State Council, the General Administration of Consumer Protection of the China Banking Regulatory Commission organized a special inspection of financing charges for small and micro enterprises.
In this special inspection, the clues of relevant problems reflected by the masses were checked through the the State Council inspection platform. An unannounced visit by the inspection office of the General Office of the State Council found that ICBC, Minsheng Bank and other institutions illegally charged small and micro enterprises "two prohibitions and two limits" fees such as loan commitment fees and investment and financing consultancy fees.
Under the existing mortgage conditions, selling personal accident insurance with higher insurance rates to customers will charge high agency fees, force bundled sales of insurance, and charge high service fees, which will push up the comprehensive financing cost.
Second, the national requirements
In order to implement the spirit of the State Council's policy on strengthening financial services for small and micro enterprises, consolidate and expand the achievements of financial services for small and micro enterprises, and promote the sustained and healthy development of financial services for small and micro enterprises, the CBRC issued the Supplementary Notice of China Banking Regulatory Commission on Supporting Commercial Banks to Further Improve Financial Services for Small and Micro Enterprises, which clearly requires the state:
As of the date of issuance of this notice, except for syndicated loans, commercial banks shall not charge commitment fees and fund management fees for loans to small and micro enterprises, and strictly limit the collection of financial consulting fees and consulting fees for small and micro enterprises.
Third, the treatment measures
The problems found in the inspection will be dealt with seriously by the Ministry of Insurance Supervision in conjunction with relevant departments according to law. The General Office of the State Council will closely follow the progress of relevant work and urge the problems to be rectified and implemented.
Do it again! Shenzhen quarterly rolling survey of housing-related credit accumulation fund also has a new deal
Shenzhen property market is experiencing unprecedented changes!
On March 30, the open market news pointed out that Shenzhen recently stepped up the supervision of real estate loan funds, requiring commercial banks to submit the survey results of operating loans, mortgages, development loans, consumer loans and credit cards to the regulatory authorities every quarter. In accordance with the requirements of the Notice on Preventing Operating Loans from Illegally Flowing into the Real Estate Sector (hereinafter referred to as the Notice) issued by the General Office of the China Banking Regulatory Commission, the General Office of the Ministry of Housing and Urban-Rural Development and the General Office of the People's Bank of China, the Shenzhen Banking Insurance Regulatory Bureau set up a working mechanism in conjunction with the Municipal Housing and Urban-Rural Development Bureau and the People's Bank of China at the first time, worked out an investigation plan, issued an investigation notice, and organized banks in the city to carry out special investigations to prevent operating loans from illegally flowing into the real estate sector.
It is reported that the scope of this special investigation covers all existing enterprise working capital loans, personal business loans, small and micro enterprise main loans and other business loans by the end of March, including loan "three investigations" management, bank internal management, intermediary agency management, and credit capital flow.
Previously, in order to continuously strengthen credit supervision in the real estate sector and strictly observe the red line of supervision that credit funds may not flow into the real estate sector in violation of regulations, Shenzhen Banking Insurance Supervision Branch established a quarterly rolling investigation mechanism for the implementation of real estate credit policies and the flow of credit funds. Shenzhen Banking Insurance Regulatory Bureau said that the rolling investigation covers all the existing businesses as of the end of the reporting period, including real estate companies and personal credit businesses, commercial loans, consumer loans, credit cards, wealth management, investment and other off-balance-sheet financing businesses, among which commercial loans are the focus of investigation, and the investigation results are reported within 5 working days after the end of each quarter. For the above news, the reporter tried to contact Shenzhen Banking Insurance Regulatory Bureau. Some staff members said that they did not know for the time being, but did not deny the above news.
On March 26th, the Notice on Preventing Operating Loans from Illegal Flowing into Real Estate was issued. The notice pointed out that a special investigation on the illegal inflow of operating loans into real estate will be jointly carried out, and the investigation will be completed before May 3, 20021,and efforts will be made to urge rectification and punish violations. Establish a "blacklist" of violations by real estate intermediaries and personnel, increase accountability for punishment and make it public regularly.
Yan Yuejin, research director of the think tank center of Yiju Research Institute, said that in the past, commercial banks did not make any substantive audit on some loans with sufficient mortgage, resulting in many cases of illegal use of funds. After the "Notice" is issued, it will become a basic task for banks to strictly investigate the loan demand. Li, chief researcher of Guangdong Housing Policy Research Center, said that post-loan inspection should have been normalized long ago, and it is very necessary to regularly check the borrower's capital use and solvency.
Under the turbulent public opinion, all localities have announced the results of self-examination. On March 23, Beijing Banking Insurance Regulatory Bureau issued a notice saying that the banks under its jurisdiction conducted self-examination on the compliance of personal business loans issued since the second half of 2020, and found that the amount of personal business loans suspected of illegally flowing into the Beijing real estate market was about 340 million yuan, accounting for 0.35% of the total business. Recently, Guangdong Banking Insurance Regulatory Bureau reported that the amount of problem loans suspected of illegally flowing into the real estate market was 277 million yuan, including 65.438+0.47 billion yuan in Guangzhou. According to the recent report of Shenzhen Banking Insurance Regulatory Bureau, only 517765438+73 million yuan of business loans approved since April 2020 are suspected of violating the rules, accounting for about 0.03%.
What is the situation of Shenzhen property market?
Then, how big is the impact of strict regulation on the Shenzhen property market?
Taking the second-hand housing market as an example, it has been more than one and a half months since Shenzhen's "2.8 New Deal on Reference Price of Second-hand Housing", and the overall market has cooled down. According to the latest data released by Shenzhen Real Estate Agency Association, last week (March 22 -28), there were 2.2% online signs 1049 sets (including self-service online signs) for second-hand houses in Shenzhen. Judging from the number of online signings for four consecutive weeks, the number of online signings for second-hand houses in Shenzhen is maintained at around 1 10,000 sets per week, and the number of online signings for second-hand houses in March is maintained at around 4,600 sets. Although there is a big gap with the expected Xiaoyangchun market in March, from the comparison of historical data, the number of online signings for 4,600 sets is not very bleak.
"Now I feel that the price is more difficult to understand. Only when you go to the store can you find out the actual quotation of the owner. I am worried that the quotations of different intermediary managers will be different, so WeChat added intermediary managers of several platforms and found that the prices will still be slightly different. " Wang Li (pseudonym) is going to change rooms recently, but she feels very headache. "The real quotations of many owners have not been greatly reduced, but the loans issued by banks have been greatly reduced. In addition, the housing prices of high-quality lots and high-quality school districts are still very firm, and some owners' quotations continue to rise. "
According to the data monitoring of Leyoujia Store, as of March 28th, the listing price of second-hand houses in Shenzhen remained stable, and the listing price of second-hand houses in some areas showed an upward trend, but it was basically in a reasonable fluctuation range. Some market participants believe that the current wait-and-see period of the property market is only a policy role, and the actual housing demand in Shenzhen is only temporarily suppressed.
In addition, for property buyers, provident fund is one of the loan methods that many people choose.
On March 30th, Shenzhen Provident Fund Center publicly solicited opinions on the Interim Provisions on the Management of the Deposit and Use of Housing Provident Fund for Flexible Employees in Shenzhen (Draft for Comment) (hereinafter referred to as the "Provisions"). According to the regulations, self-employed individuals, freelancers and other flexible employees who are employed in Shenzhen can apply for voluntary housing provident fund deposit. Flexible employees who deposit housing provident fund shall sign a voluntary deposit agreement with the provident fund center, stipulating the deposit base, deposit ratio, deposit use mode, rights and obligations of both parties and liability for breach of contract.
It is reported that the contribution ratio of housing provident fund for flexible employees is not less than 10% and not higher than 24%; The deposit base shall not be lower than the minimum wage standard for employees in the previous year announced by the human resources and social security department of Shenzhen, and shall not exceed the maximum deposit base for housing provident fund stipulated by the state.
In addition, if the flexible employees pay the housing provident fund, the interest will be calculated according to the housing provident fund interest rate stipulated by the state from the date when the housing provident fund is deposited in the personal account. Within two years after the implementation of the system, if the housing provident fund deposit conforms to the voluntary deposit agreement and fails to handle the withdrawal and loan business, a one-time discount can be given at an annual interest rate of 0.5%; It can be deducted from its taxable income according to the unified tax policy stipulated by the state. Before applying for housing provident fund loans, flexible employees must pay the housing provident fund 12 months (inclusive) continuously, on time and in full, and the cumulative payment time is not less than 36 months, and their personal accounts are in a normal state at the time of application, before applying for housing provident fund loans from Shenzhen Housing Provident Fund Management Center, and they can enjoy low interest rates.
Shenzhen Housing Provident Fund Management Center said that considering the relative instability of employment and income of flexible employees, this group was fully given more independent choices when drafting the Interim Provisions, and the proportion and base of housing provident fund for flexible employees were determined by themselves between the upper and lower limits; The Interim Measures for the Administration of Housing Provident Fund in Shenzhen stipulates that if employees of units outside the scope of deposit pay housing provident fund by withholding and remitting, employees can negotiate with the units to determine the base and proportion of housing provident fund payment within the prescribed limits.
However, many buyers told reporters that flexible employees can deposit and use the housing provident fund, which has alleviated the pressure on these people to buy houses to some extent. However, the maximum amount for Shenzhen families to apply for provident fund loans is currently 900,000 yuan, and it has been many years ago. Provisions in today's high housing prices in Shenzhen are somewhat "insufficient".
Recently, the 2020 annual report of Shenzhen Housing Provident Fund was released. In 2020, 610.77 million people in Shenzhen paid 810.227 billion yuan into the housing accumulation fund; 3,599,400 paid-in employees withdrew 62.086 billion yuan from housing accumulation fund; 54,900 households paid employees' families to apply for housing provident fund loans of 37.265 billion yuan. In the past three years, the individual loan rate of housing provident fund in Shenzhen has steadily increased, reaching 70.70% in 2020, 5.39 percentage points higher than the end of 20 19. Personal loan ratio is the ratio of personal housing loan balance to deposit balance, and it is an important indicator for housing provident fund to support personal loans to buy a house. Since Shenzhen officially launched the housing provident fund loan business on 20 12, in just eight years, the personal loan rate has exceeded 70%.
The three departments cracked down on commercial loans and entered the property market. Is the house price going down?
On March 26th, the General Office of the China Banking Regulatory Commission, the General Office of the Ministry of Housing and Urban-Rural Development and the General Office of the People's Bank of China issued the Notice on Preventing Business Loans from Illegally Flowing into the Real Estate Sector, and severely cracked down on illegal business loans entering the property market.
Why should we crack down on commercial loans entering the property market?
The notice mentioned that recently, some enterprises and individuals illegally invested operating loans in the real estate sector, which affected the effect of real estate regulation and control policies and crowded out credit resources supporting the development of the real economy, especially small and micro enterprises.
According to Pan Hao, senior analyst of RealData, since the outbreak of the epidemic in 2020, government departments have issued a series of financial preferential policies to stabilize economic development and reduce the burden on SMEs. However, real estate speculators use the rule space to pay the house purchase price through operating loans, and there is an obvious overheating trend in hot cities, resulting in a vicious circle of "overheating of the market" and "illegal funds" entering the market, which increases the financial risks of real estate.
Since the beginning of 20021,Beijing, Shanghai, Guangzhou, Shenzhen and other places have launched "encirclement and suppression" actions to crack down on illegal misappropriation of real estate loans.
Recently, the Beijing Banking Insurance Regulatory Bureau reported that the banks under its jurisdiction conducted self-examination on the compliance of personal business loans issued since the second half of 2020, and found that the amount of personal business loans suspected of illegally flowing into the Beijing real estate market was about 340 million yuan. In addition, the relevant departments of Guangdong Province have determined that the amount of problem loans that banking institutions within their jurisdiction (excluding Shenzhen) are suspected of illegally flowing into the real estate market is 277 million yuan.
Yan Yuejin said, "This is the first time that the CBRC and other departments have systematically controlled operating loans, which further reflects the tight orientation of the real estate market."
How to prevent commercial loans from entering the property market illegally?
The notice requires: First, strengthen the verification of the borrower's qualification. 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.
The second is to strengthen the review of credit demand and conduct a penetrating and substantive review of corporate loan demand. It is not allowed to relax the examination of real loan demand because of sufficient mortgage, and it is not allowed to issue operating loans to enterprises whose capital flow is obviously inconsistent with the operating conditions.
Third, strengthen the management of loan term and reasonably determine the loan term according to the actual needs of borrowers. Further strengthen the internal management of operating loans with a term of more than 3 years to ensure that the funds are really used for business operations, and so on.
"This policy clarifies the concept of' shell companies', which is the first time to clarify the names of small and micro enterprises that have no actual operations." Yan Yuejin said that shell companies are indeed suspected of defrauding loans and illegally investing funds in real estate. Similar shell companies will face more stringent scrutiny in the future.
In addition, the Notice also requires that the rationality of the financing demand for applying for operating loans in the short term after the completion of real estate transactions should be reviewed. If the mortgagor holds mortgaged real estate for less than 1 year, the loan mortgage ratio should be carefully determined. 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.
"There is a practice in the process of real estate speculation in the past two years, that is, borrowing money to buy a house first, and then withdrawing funds through mortgage. This is a very hidden loan fraud model. The current practice of regulating such mortgages will help to crack down on the real estate speculation model of' buying a house-mortgage-financing-buying a house again'. " Yan Yuejin said.
How to prevent collusion and illegal operation inside and outside the bank?
"Rectifying the ghosts in banks is an important prerequisite for rectifying the chaos of commercial loans," said Li, chief researcher of Guangdong Housing Policy Research Center. "One of the main reasons why business loans can flow into the property market and pass the credit review is that the financial managers and account managers inside banks cooperate with external financial intermediaries (small loan companies, private equity funds, investment and financial platforms, housekeepers, etc.), and real estate agents, and * * * withdraws with funds."
In order to prevent internal and external collusion and illegal operation, the Notice requires banking financial institutions to implement the main responsibility, further strengthen the awareness of compliance and prudent business philosophy, carefully sort out the operating procedures of operating loans, tighten the system cage and effectively strengthen internal accountability. At the same time, banks should strengthen the monitoring and analysis of loans for business purposes 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.
At the same time, 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.
What are the penalties for illegally misappropriating commercial loans to buy a house?
The notice requires that real estate intermediaries should not provide consultation and services to buyers or cooperate with other institutions to provide financial products such as mortgage loans, and should 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.
At the same time, banking financial institutions should further strengthen post-loan management. 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.
There is a precedent for "forced restoration". Shenzhen Banking Insurance Regulatory Bureau and China People's Bank Shenzhen Central Sub-branch reported the results of the special inspection of operating loans on March 18: 2 1 loan and 510.8 million yuan of suspected illegal loans were recovered in advance, 4 illegal institutions were punished, and 14 people were held accountable for violations, with a total penalty of 5.75 million yuan.
The notice also clarified that local housing and urban-rural construction departments have established a "blacklist" of real estate intermediaries and personnel for violations, increased accountability for punishment and made it public on a regular basis.
In response to a reporter's question, the heads of the relevant departments of the China Banking Regulatory Commission, the Ministry of Housing and Urban-Rural Development and the People's Bank of China said that in the follow-up, relevant issues such as illegal inflow of business loans into real estate should be taken as an important part of various inspections, strict accountability should be made according to law, joint punishment should be intensified, and relevant administrative punishment information on illegal misappropriation of business loans by enterprises and individuals should be included in the credit information system in a timely manner.
Will the property market cool down? Will house prices fall?
According to the notice, the three departments require all banking regulatory bureaus, insurance regulatory bureaus, local housing and urban-rural construction departments and branches of the People's Bank of China to jointly carry out special investigations on the illegal inflow of business loans into real estate, and complete the investigations before May 3 1 and 202 1, and increase supervision, rectification and punishment of violations.
"The property market picked up in the first quarter, especially in first-tier cities. One of the most important factors is the inflow of operating loans into the real estate market. " Wang Xiaoyu, an analyst at Zhuge Housing Search Data Research Center, believes that it is of positive significance for the healthy and stable development of the real estate market to strictly investigate the inflow of operating loans into the property market.
According to Jaco, Dean of 58 Anjuke Real Estate Research Institute Branch, this policy aims to reduce the demand for real estate investment, promote the return of real estate to residential properties, and effectively prevent the risks in the real estate market. The policy has also released the signal that the real estate financial side will continue to tighten, and the control of the real estate financial side will become an important part of the long-term mechanism of real estate.
"The investigation and punishment of illegal commercial loans flowing into the property market has risen from the city to the central government, which will be more conducive to plugging loopholes and cooling down the overheated property market in some cities." Pan Hao said.