The purpose of personal entrusted loans of China Bank shall comply with the requirements of the Commercial Banking Law and the General Principles of Loans, and loans without specific purposes shall not be issued. Loans can be used for the borrower's daily consumption or business and other legitimate capital needs, and are strictly prohibited for the following aspects:
1, projects and industries whose operation, development or repeated construction are prohibited by laws, regulations, regulatory provisions or other national credit policies.
2. Investing in bonds, futures, financial derivatives, wealth management products, equity, etc.
3. As the registered capital, the registered capital is verified or increased.
4. Lend money or provide guarantee to others.
5. Other prohibited purposes stipulated by the state.
The above contents are for your reference. Please refer to the actual business regulations.
Restrictions on the use of loans in the construction industry
I. The General Rules for Loans also impose the following restrictions on the use of loans:
(1) The borrower shall not use the loan for equity investment, unless otherwise stipulated by the state;
(2) The borrower shall not use the loan to engage in speculative activities such as securities and futures;
(3) The borrower shall not use the loan to engage in real estate business unless he has obtained the qualification for real estate business according to law; Borrowers who have obtained real estate business qualifications according to law shall not use loans to engage in real estate speculation;
(4) The borrower shall not use the loan to obtain illegal income.
Two. When applying for a loan, the materials that the lender needs to prepare are divided into the following categories:
1. Personal identification: ID card, residence permit, household registration book, marriage certificate and other materials;
2. Provide proof of stable income sources: bank statements, labor contracts, etc.
3. Provide stable proof of address: such as house lease contract, water and electricity bill, property management and other related documents;
4. Other information required by the bank.
1. Definition of loan purpose: the loan obtained by the borrower for engaging in production and business activities, or purchasing materials or necessary equipment, or for personal expenses such as house purchase, car purchase and consumption. Loans will eventually be combined with certain factors of production. Before obtaining a loan, the borrower must determine the purpose of the loan, and make it clear that the purpose is not to fool banks and loan companies, but to make the loan give full play to its maximum economic benefits, rather than leaving the loan idle. The purpose of personal loans is generally to buy a house, a car, decorate a house, study, travel and see a doctor.
2. One of the main links of loan audit is to investigate the purpose of the loan, so as to confirm whether the first repayment source is sufficient and safe, ensure the authenticity of the loan, and master the authenticity of the borrower's transaction, the purpose of the loan and the willingness to repay. Repayment ability, from the source to ensure the quality of personal loans, effectively prevent personal loan risks.
The simple and popular understanding of loan is to borrow money that needs interest.
4. Loan is a kind of credit activity that banks or other financial institutions lend monetary funds at a certain interest rate and must repay them. Loans in a broad sense refer to loans, interest subsidies, overdrafts and other borrowing funds. Through loans and monetary funds, banks can meet the social demand for supplementary funds, expand reproduction and promote economic development. At the same time, banks can also obtain loan interest income and increase their own accumulation.
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What are the loan restrictions?
What restrictions do borrowers have when lending money?
(1) The borrower shall not borrow from different branches of the lender in the same jurisdiction at the same time.
(2) the obligation to inform. The borrower shall not provide the lender with false production and operation information, such as balance sheet, income statement, etc., to prevent the borrower from using false production and operation information to borrow loans that are not commensurate with its repayment ability, thus affecting the capital security of financial institutions.
(three) the borrower shall not use the loan to engage in equity investment. Except for a few cases as otherwise stipulated by the state, China's company law, relevant enterprise law and enterprise registration system clearly stipulate that the parties concerned must have a statutory minimum registered capital to set up a company or other enterprises (including as shareholders of the company). When these funds are registered, they must be accompanied by capital verification certificates from relevant banks and certified public accountants.
(four) the borrower shall not use the loan to engage in securities and futures speculation.
(five) in addition to the borrower who has obtained the qualification of real estate business according to law. No other unit or individual may engage in real estate business with loans; Borrowers who have obtained real estate business qualifications according to law shall not use loans to engage in real estate speculation.
(six) the borrower shall not seek illegal income by borrowing loans. The General Principles of Loans stipulates that the borrower shall not transfer the original loan price (interest rate) as an intermediary, which will raise the interest rate in the financing market and affect the stability of the financial market.
(7) The borrower shall not use foreign exchange loans in violation of the provisions of the State on foreign exchange control. Before the RMB is fully convertible, the state will still supervise foreign exchange funds and restrict the qualifications of foreign exchange institutions to ensure the orderly and safe flow of foreign exchange funds.
The obligations of the borrower in the loan contract
(a) the borrower needs to fulfill the obligation of information disclosure.
The information disclosure of the borrower refers to the activity that the borrower provides the lender with real information about the business activities and financial status related to the loan according to the lender's need to know its credit status in the process of concluding the loan contract.
In the process of concluding a loan contract, the borrower first needs to apply to the lender for a loan, and the lender also needs to carefully understand the borrower's application, especially the necessity and feasibility of the loan and the borrower's credit standing, so as to ensure the safety and efficiency of the loan activities.
(2) The borrower's obligation to collect the loan according to the contract.
The borrower needs to collect the loan according to the agreed date and amount.
(3) The borrower's obligation to use the loan as agreed in the contract.
According to the provisions of the Civil Code, if the borrower fails to use the loan according to the agreed purpose, the lender may stop issuing the loan, recover the loan in advance or terminate the contract.
(4) The borrower also needs to pay interest as agreed.
(5) The borrower's obligation to repay the loan on schedule.
According to the Civil Code, the borrower shall repay the loan within the agreed time limit. If there is no agreement or the agreement is unclear, it needs to be determined according to Article 5 10 of the Civil Code, and the borrower can return it at any time. The lender may urge the borrower to return it within a reasonable period of time.
Although it is troublesome to borrow money from financial institutions, it still benefits borrowers a lot, such as allowing business people to use it for working capital; Entrepreneurs use it as start-up capital; Can be used by property buyers to pay for the house and so on. So it's worthwhile. Don't borrow it because of trouble. This is illegal and risky. China travel. Com also provides online consulting services for lawyers. You are welcome to have legal consultation.
What national policy restricts real estate loans?
Conditions for restricting real estate development loans:
(a) to open a basic settlement account or a general deposit account in China Construction Bank, and to settle all or part of the operating income and expenses in China Construction Bank;
(two) normal production and operation, sound management system, good financial situation;
(3) It has a good reputation and the ability to repay the loan principal and interest on schedule;
(4) Being able to provide sufficient and effective mortgage, pledge or guarantee with high credit rating;
(five) the development and construction projects can effectively meet the local housing development market demand through feasibility prediction, analysis and demonstration, and the market sales are good;
(six) the development and construction projects have been incorporated into the national or local housing construction development plan, and the project documents are complete, true and effective;
(seven) has obtained the land use right of development and construction projects;
(eight) the project budget and construction plan of the development and construction project conform to the relevant provisions of the state and local governments;
(9) The borrower's own funds to be invested in development and construction projects shall not be less than the prescribed proportion ~
Legal basis:
Land Management Law of the People's Republic of China
Article 5 The competent department of natural resources in the State Council shall be responsible for land management and supervision throughout the country. The establishment and responsibilities of natural resources departments of local people's governments at or above the county level shall be determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with the relevant provisions of the State Council.
Article 6 The institutions authorized by the State Council shall supervise the land use and land management of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the people's governments of cities designated by the State Council.
Article 7 All units and individuals have the obligation to abide by land management laws and regulations, and have the right to report and accuse acts that violate land management laws and regulations.
Eighth units and individuals that have made outstanding achievements in the protection and development of land resources, rational use of land and related scientific research shall be rewarded by the people's government.