legal ground
"Measures for the Administration of Automobile Loans" Chapter III Automobile Loans for Dealers. Article 13 The term "automobile loan for dealers" as mentioned in these Measures refers to the loan granted by the lender to automobile dealers for the purchase of vehicles and spare parts. Article 14 A borrower who applies for a car loan from a dealer shall meet the following conditions at the same time: (1) Having a Business License for Enterprise as a Legal Person issued by the administrative department for industry and commerce; (2) Having a certificate issued by the automobile manufacturer to sell cars as an agent; (3) The asset-liability ratio does not exceed 80%; (4) Having a stable legal income or legal assets sufficient to repay the principal and interest of the loan; (5) The dealers, senior managers of dealers and customers who accept loan applications as agents have no major breach of contract or bad credit records; (6) Other conditions required by the lender. Article 15 The lender shall establish an independent credit file for each dealer borrower and update it in time. The dealer's credit file shall contain the following contents: (1) the name, legal representative and business address of the dealer; (2) Copies of various business licenses; (3) the insurance, commercial credit and financial status of the distributor; (four) the model, price and use of the purchased cars and parts; (5) The loan guarantee status; (six) other information needed to prevent loan risks. Article 16 The loan amount of the lender to the dealer for purchasing vehicles and spare parts shall be based on the average inventory of the dealer for a period of time, and the specific period shall depend on the inventory turnover of the dealer. Article 17 The lender shall regularly check the dealer's credit by counting the inventory of vehicles and spare parts purchased by the dealer and analyzing the dealer's financial statements, and adjust the dealer's credit rating and inventory inspection frequency according to the review results.
Chapter V Risk Management: Article 22 The system of maximum loan ratio shall be implemented in granting auto loans, and the proportion of the amount of auto loans granted by lenders to the price of cars purchased by borrowers shall not exceed the requirement of maximum loan ratio; The requirements for the maximum loan payment ratio shall be stipulated separately by the People's Bank of China and the China Banking Regulatory Commission according to the actual situation of macro-economy and industry development. The car price mentioned in the preceding paragraph refers to the lower of the actual transaction price of the car (excluding government subsidies and various additional taxes and premiums) and the new car price announced by the automobile production enterprise, and the lower of the actual transaction price of the car (excluding government subsidies and various additional taxes and premiums) and the lender's evaluation price of the used car. Article 23 A lender shall establish a borrower's credit rating system, prudently use external credit rating, and determine the borrower's credit rating by combining internal rating with external rating. For individual borrowers, the credit rating should be determined according to their occupation, income status, repayment ability, credit record and other factors; For dealers and institutional borrowers, the credit rating should be determined according to the information reflected in their credit files, the credit status of senior managers, financial status, credit records and other factors. Article 24 When granting auto loans, the lender shall require the borrower to provide mortgage or other effective guarantee for the purchased car. Upon examination and evaluation by the lender, it is confirmed that the borrower has good credit and can really repay the loan, and no guarantee may be provided. Article 25 The lender shall directly or entrust a designated dealer to accept the application for auto loan, improve the separation system of loan examination, and strengthen the pre-loan examination and post-loan follow-up collection. Article 26 The lender shall establish a second-hand car market information database and a second-hand car residual value evaluation system. Article 27 The lender shall establish an auto loan classification monitoring system according to the loan amount, regional distribution of loans, financial status of borrowers, auto brand, mortgage guarantee and other factors. , and regularly check and evaluate different types of auto loan risks. According to the inspection and evaluation results, adjust the risk level of various auto loans in time. Twenty-eighth lenders should establish an early warning monitoring and analysis system for automobile loans and formulate early warning standards; After exceeding the early warning standard, measures such as reassessing the loan approval system should be taken. Article 29 A lender shall establish a system for classifying non-performing loans and a prudent loan loss reserve system, and draw corresponding risk reserves. Article 30 When granting mortgage loans, the lender shall carefully evaluate the value of the collateral, fully consider the impairment risk of the collateral, and set the upper limit of the mortgage rate. Article 31 The lender shall timely input the information related to auto loans into the basic database of financial credit information.