Ifeng.com Real Estate News? On March 26, the General Office of the China Banking and Insurance 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 a notice on preventing illegal flow of business loans into the real estate sector.

All banking and insurance regulatory bureaus, the housing and urban-rural development departments (committees, management committees, bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government and the Xinjiang Production and Construction Corps, the Shanghai Headquarters of the People's Bank of China, all branches and business management departments, Central branches in all provincial capitals (capital cities), all central branches in sub-provincial cities, all policy banks, large banks, joint-stock banks, and foreign-funded banks:

In recent years, personal operating loans and corporate working capital loans Loans for other business purposes have played a positive role in meeting the company's temporary working capital needs and improving the company's ability to continue operating, providing strong support for the "six stability" work and the implementation of the "six guarantees" task. However, recently some companies and individuals have illegally invested business-purpose loans in the real estate sector, which has highlighted the problem, affecting the effect of real estate control policies and squeezing out credit resources that support the development of the real economy, especially small and micro enterprises. In order to implement the decisions and arrangements of the Party Central Committee and the State Council on promoting the stable and healthy development of the real estate market, prevent the illegal flow of business loans into the real estate sector, and better support the development of the real economy, the relevant requirements are hereby notified as follows.

1. Strengthen the verification of borrower qualifications

Banking financial institutions must effectively strengthen the "three checks" for business loans, implement various credit approval requirements, and shall not issue loans to those who have no actual business operations. Shell companies issue loans for business purposes. For borrowers whose enterprises have been established or whose equity has been transferred to the enterprise for less than one year, and who have held the mortgaged property for less than one year, it is necessary to further strengthen the qualification review of the borrower, and conduct various inspections on industrial and commercial registration, business operation, tax payment, etc. The information shall be cross-verified, and enterprise certification materials shall not be used in place of substantive review.

2. Strengthen the review of credit needs

Banking financial institutions must conduct penetrating and substantive reviews of business loan needs, and reasonably determine the total amount of credit based on the borrower's actual business needs. , matching the actual operating conditions such as the company's annual operating income and capital flow. Pay close attention to the borrower's first source of repayment, and do not relax the review of real loan needs because of sufficient collateral. Adhere to the combination of online and offline. For large loan amounts, we must fully understand the company's situation through various forms and further strengthen the review. Loans for business purposes issued through Internet channels should comply with relevant regulations on Internet loan management. Operating loans shall not be granted to enterprises whose capital flows and operating conditions obviously do not match.

3. Strengthen loan term management

Banking financial institutions must manage the term of loans for business purposes and reasonably determine the loan term based on the actual needs of the borrower. For business-purpose loans with a term of more than 3 years, risk management must be further strengthened, a sound internal management system should be established, a special statistical ledger should be established, each transaction should be registered and verified regularly to ensure that the loan term is consistent with the borrower's production and operation cycle and the regularity of fund receipts and expenditures. Matching and truly used in business operations.

4. Strengthen loan collateral management

For loans using real estate mortgages, banking financial institutions must strengthen collateral valuation management and reasonably grasp the loan mortgage ratio. Focus on reviewing the rationality of the financing needs for business loans applied for in the short term after the completion of the real estate transaction. If the mortgagor has held the mortgaged property for less than one year, the loan mortgage ratio will be determined prudently. If the mortgagor has held the mortgaged property for less than 3 years, banking financial institutions should regularly check the loan usage and keep verification records.

5. Strengthen post-loan management during loans

Banking financial institutions must further tighten post-loan management, implement entrusted payment requirements for funds, and prevent enterprises from evading entrusted payment requirements through related parties. . The monitoring and early warning of post-loan capital flows shall be strengthened, and post-loan capital management and control shall not be weakened on the grounds that entrusted payments have been made. Banking financial institutions should remind borrowers in writing of the legal risks and related impacts of illegally using credit funds for house purchases. When signing a loan agreement with the borrower, they should also sign a fund use commitment letter to clarify that if the loan is found to be misappropriated in the real estate field, The loan will be recovered immediately, the credit limit will be reduced, and corresponding legal responsibilities will be pursued. Banking financial institutions should strengthen publicity and education through website announcements and posting announcements at business outlets.

6. Strengthen the internal management of banks

Banking financial institutions must implement the main responsibilities, further strengthen compliance awareness and prudent business philosophy, carefully sort out the operating procedures of business-purpose loans, and tighten Institutional cage to effectively strengthen internal accountability. It is necessary to strengthen the monitoring and analysis of loans for branch business purposes. It is necessary to strengthen the monitoring of abnormal employee behavior, strictly prevent internal and external collusion, and strictly hold accountable those who violate laws and regulations in accordance with the law.

7. Strengthen the management of intermediaries

Each banking financial institution must formulate access standards for various intermediaries and establish a "white list" of cooperative institutions. Intermediaries that assist borrowers in obtaining loans for business purposes are not allowed to cooperate, and the list of relevant institutions will be submitted to the relevant local management departments, and any illegal activities will be promptly transferred to the judicial authorities. It is necessary to strengthen the monitoring and statistics of cooperative business, and focus on strengthening analysis and verification of the rapid growth of cooperative business with a single intermediary agency.

Real estate intermediaries are not allowed to provide house buyers or cooperate with other institutions to provide consultation and services on financial products such as housing mortgage loans, and are not allowed to induce house buyers to use funds for business purposes in violation of regulations; when providing new houses and second-hand houses for sale, When providing brokerage services, the home buyer should be required to make a written commitment that there will be no misappropriation of bank credit funds for home purchase funds. The housing and urban-rural development departments in various regions have established a "blacklist" of violations by real estate agencies and personnel, increased penalties and accountability, and disclosed them regularly.

8. Continue to support the development of the real economy

Banking financial institutions must further improve their efficiency in serving the real economy and continue to increase support for key areas and weak links in economic and social development. We will 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 business-purpose loans in supporting the real economy.

9. Strengthen coordinated supervision and inspection

All banking and insurance regulatory bureaus, local housing and urban-rural development departments, and branches of the People's Bank of China should increase supervision of illegal inflows of business loans into real estate Strengthen inspections, unblock complaints and reporting methods for violations, and promptly share and jointly investigate clues about violations; issues related to illegal inflows of business-purpose loans into real estate and other related issues should be an important part of various inspections, strictly enforce accountability in accordance with the law, strengthen joint punishment, and Administrative penalty information related to illegal misappropriation of business-use loans by enterprises and individuals is promptly included in the credit reporting system.

All banking and insurance regulatory bureaus, local housing and urban-rural development departments, and branches of the People's Bank of China must jointly carry out a special investigation on the illegal flow of business loans into real estate, and complete the investigation before May 31, 2021, and Increase supervision and rectification and punishment of violations.

General Office of the China Banking and Insurance Regulatory Commission

General Office of the Ministry of Housing and Urban-Rural Development

General Office of the People's Bank of China

March 26, 2021 Day