On June 165438+1October 1 1 day, the People's Bank of China and the China Banking Regulatory Commission issued the Notice on Doing a Good Job in Financial Support for the Stable and Healthy Development of the Real Estate Market, and issued16 measures to explicitly support the stable and healthy development of the real estate market! The information is very large!
Focus on:
1, stabilize real estate development loans;
2. Support the reasonable demand for individual housing loans;
3. Stabilize the credit supply of construction enterprises;
4. Support the reasonable extension of stock financing such as development loans and trust loans;
5. Keep bond financing basically stable;
6. Maintain the financing stability of asset management products such as trust;
7. Support development policy banks to provide special loans for "Baojiao Building";
8. Encourage financial institutions to provide supporting financing support;
9. Do a good job in financial support for real estate project mergers and acquisitions;
10, actively explore market-oriented support methods;
1 1. Encourage independent negotiation according to law to postpone the repayment of principal and interest;
12. Effectively protect the personal creditor's rights of deferred loans;
13. Extend the transitional arrangements for the centralized management policy of real estate loans;
14, optimize the M&A financing policy of real estate projects in stages;
15, optimizing the rental credit service;
16. Broaden diversified financing channels in the leasing market.
The full text is as follows.
Among them, in keeping the real estate financing stable and orderly, the notice specifically puts forward:
If the loan expires within the next 6 months from the date of issuance of the notice, it may be extended beyond the original provisions of 1 year, without adjusting the loan classification, and the loan classification submitted to the credit information system is consistent with it.
This means that the loans due by real estate enterprises can be extended beyond the original provisions 1 year; "Not adjusting the loan classification" means that the central bank's assessment of banks is relaxed accordingly, with great strength.
Xiaobo Liu, a famous expert, also expressed his view that the real estate industry, as the industry with the highest tax rate and the strongest driving force in China, must pick up, so as to support the national finance and employment.
This time, the attitude given by the People's Bank of China and the China Banking Regulatory Commission is "support"!
What is the real estate development loan policy?
I. Types of real estate development loans 1. Housing development loans refer to loans issued by banks to real estate development enterprises for the development and construction of housing for market sales. 2, commercial housing development loans, refers to the bank to real estate development enterprises for the development and construction of market sales, mainly for commercial activities rather than family housing loans. 3. Land development loans refer to loans for land development issued by banks to real estate development enterprises. 4. Working capital loans for real estate development enterprises refer to loans that real estate development enterprises need to apply for and have nothing to do with specific projects. Because it is still used to support real estate development, such loans are still real estate development loans. Two. Loan procedures for real estate development 1. When applying for a loan, the borrower should first fill in the loan application form and provide relevant information according to the loan conditions and requirements put forward by the lender. 2. After accepting the borrower's application, the bank shall, according to the procedures stipulated by the bank, designate investigators to investigate whether the borrower meets the loan conditions, evaluate the feasibility and budgetary estimate of the project, and determine the loan risk. Put forward opinions on loan and non-loan, loan amount, term, interest rate and guarantee method. 3. The bank examiner shall examine and verify the investigation report, evaluation report and the data and documents provided by the investigators, and put forward the examination opinions. On the basis of investigation and review, the bank will approve the loan. The examination and approval authority of commercial housing development loans shall be implemented in accordance with the relevant provisions on medium and long-term loan authorization issued by banks. 4. If the lender agrees to the loan, it shall sign a loan contract with the borrower in accordance with the provisions of the general loan rules, and strictly review the legality, validity and reliability of the guarantee in accordance with relevant laws and regulations, and go through relevant procedures.
Real estate industry loan policy
The concentration management mechanism of real estate loans is a long-term mechanism, which aims to prevent the proportion of real estate loans in all loans in the banking system from deviating from a reasonable level and prevent the risk exposure from being too concentrated, rather than prohibiting the development of related businesses. The "three red lines" of housing enterprises are the management of the demand side of funds, and the centralized management system of "mortgage-related" is the tightening of the supply side of funds. At present, the management ratio is basically in line with the situation in 2020, that is to say, the amount of loans put into the market in 202 1 will not change greatly.
Legal basis:
People's Republic of China (PRC) Real Estate Management Law
Twenty-first land use right transfer contract expires, land users need to continue to use the land, the latest one year before the expiration of the application for renewal, unless the public interest needs to recover the land, otherwise it should be approved. If the renewal is approved, the land use right transfer contract shall be re-signed and the land use right transfer fee shall be paid according to the regulations.
The land use right transfer contract expires, and the land user fails to apply for renewal, or the application for renewal in accordance with the provisions of the preceding paragraph is not approved, the land use right shall be recovered by the state free of charge.
Twenty-fifth to obtain land use rights for real estate development by means of transfer, the development must be carried out in accordance with the land use and development period agreed in the land use right transfer contract. If the development has not started for one year beyond the date agreed in the transfer contract, the land idle fee equivalent to less than 20% of the transfer fee for land use rights may be levied; If the development has not started for two years, the land use right can be recovered free of charge; However, unless the start of development is delayed due to force majeure or the actions of the government and relevant government departments or the preliminary work necessary for the start of development.
What are the management measures for real estate development loans?
Measures for the Administration of Real Estate Development Loans of China Bank Chapter I General Provisions Article 1 In order to support the development and operation of commercial housing in China, strengthen the management of real estate loans, and protect the legitimate rights and interests of both borrowers and borrowers, according to Article 2 of the Law of People's Republic of China (PRC) Commercial Bank, the Law of the People's Republic of China on Economic Contracts, the Law of People's Republic of China (PRC) on Guarantee, the General Principles of Loans and the Interim Administrative Measures for Self-operated Housing Loans of Commercial Banks, the issuance of various types of real estate development loans must conform to the national industrial and credit policies and follow the General Principles of Loans. Article 3 These Measures shall apply to all kinds of development real estate loans issued by domestic branches of China Bank (excluding Hong Kong and Macao branches). Chapter II Loan Object and Purpose Article 4 Loan Object. All kinds of real estate development enterprises approved by the state real estate authorities, registered in the administrative department for industry and commerce, and obtained the business license of enterprise legal person and the qualification certificate of real estate development enterprises issued by the industry authorities. Article 5 the purpose of the loan. Funds needed to support real estate development enterprises to engage in housing development, commercial housing development, real estate land development and supporting facilities construction. Chapter III Types and Conditions of Loans Article 6 Types of loans. The types of real estate development loans mainly include housing development loans, commercial housing development loans and other real estate development loans. (1) Housing development loans refer to loans issued by banks to real estate development enterprises for the development and construction of housing for market sales. (2) Commercial housing development loans refer to loans issued by banks to real estate development enterprises for development, construction and sales to the market, which are mainly used for commercial activities rather than family housing. (3) Other real estate development loans refer to real estate loans such as land development and building decoration except housing and commercial housing development loans. Article 7 loan conditions. To apply for a real estate development loan, the borrower shall meet the following conditions: (1) Meet the conditions of the loan object stipulated in Article 4 of these Measures; (two) a sound management organization, qualified leadership and strict management system; (3) The enterprise is in good credit and financial condition and has the ability to repay the loan principal and interest; (4) Opening a basic settlement account or a general deposit account in China Bank, and handling settlement business in China Bank; (5) The land use right of the loan project has been obtained, and the termination time of the land use right is longer than the loan termination time; (six) has obtained the loan project planning investment permit, construction permit, construction permit, domestic and foreign export housing permit, and completed the project procedures, all project documents are complete, true and effective; (seven) the application of the loan project is consistent with its functions and can effectively meet the needs of the local real estate market; (eight) the project budget and construction plan of the loan project comply with the relevant provisions of the state and local governments. The total investment in the project budget can meet the needs of additional budget due to inflation and unpredictability before the completion of the project; (nine) has a certain proportion of its own funds (generally should reach 30% of the total investment in the project budget), and can be invested in the project construction before the bank loan; (10) Pledge (pledge) the property to Bank of China or implement joint liability guarantee acceptable to Bank of China; (eleven) the implementation of other loan conditions stipulated by the Bank of China. Article 8 The borrower shall submit the following documents, certificates and materials to the Bank of China: (1) Application for loan. Its main contents include: the name, amount, purpose, term, payment plan and repayment source of the loan project. (2) A copy of the borrower's business license, articles of association, qualification certificate and credit certification materials. (3) Financial statements of the last three years and the last month approved by the competent department or accounting (auditing) firm. (four) the development plan or feasibility study report of the loan project. (five) approval documents for development projects and engineering design. (six) land use right certificate, land use right transfer contract and construction contract. (seven) the resolutions and authorization letters of the board of directors of the enterprise or the corresponding decision-making bodies on loan, mortgage and guarantee. (eight) the development project funds to implement the document. (nine) the cash flow forecast table of the development project and the sales and pre-sale objects, sales prices and plans. (10) Asset appraisal report, appraisal report, insurance policy, list of mortgaged (pledged) properties (except securities), ownership certificate, and commitment letter of mortgagor (pledger) agreeing to mortgage (pledge). (eleven) the credit certificate of the repayment guarantor. (12) Other supporting documents and materials required by the lender. Chapter IV Term of Loan and Interest Rate Article 9 Term of Loan. (a) housing development loans, the longest not more than three years (including three years); (two) commercial housing development loans, the longest not more than five years (including five years); (three) other real estate development loans, the longest not more than five years (including five years). Article 10 loan interest rate. The interest rates of RMB housing development loans, commercial housing development loans, other real estate development loans and housing projects shall be subject to the relevant loan interest rates announced by the People's Bank of China; The interest rates of foreign currency housing development loans, commercial housing development loans and other real estate development loans shall be subject to the foreign exchange loan interest rate published by Bank of China. Chapter V Loan Guarantee and Insurance Article 11 When applying for a real estate development loan, a borrower shall provide a property mortgage (pledge) recognized by the lender or an irrevocable joint liability guarantee of a third party before signing a loan contract. Article 12 The mortgage (pledge) provided by the borrower shall comply with the provisions of Articles 34, 37 and 75 of the Guarantee Law of People's Republic of China (PRC). With real estate as collateral, it should also comply with the "People's Republic of China (PRC) city real estate mortgage management measures" and the provisions of the Ministry of construction. Article 13 If the borrower and the lender adopt the pledge method through negotiation, the pledger and the pledgee must sign a written pledge contract. "People's Republic of China (PRC) Guarantee Law" requires registration, it shall go through the registration formalities; If the lender thinks notarization is necessary, the borrower (or pledger) shall go through notarization procedures. Article 14 If the mortgaged (pledged) property needs to be appraised, it may be appraised by the lending bank or entrusted by an asset appraisal institution recognized by the lender. The amount of mortgage loan shall not exceed 70% of the value of mortgaged property; If the land use right is used as collateral, the validity of the mortgage contract shall be longer than the loan period, and the mortgage period shall be determined by subtracting the remaining years from the service life of the land use right transfer contract. Article 15 During the mortgage period, the borrower shall not transfer, sell or mortgage (pledge) the mortgaged property again without the consent of the lender, and shall not report the loss of the pledged securities for any reason without the verification and consent of the pledgee. Article 16 If the borrower and the lender agree to adopt the method of guarantee, the borrower shall provide a third-party guarantor recognized by the lender. The guarantee provided by the third party guarantor is irrevocable and fully effective joint liability guarantee. A guarantee contract shall be signed between the borrower, the guarantor and the lender. Article 17 When the affiliation, nature, name and address of the borrower and the guarantor change, they shall notify the lender 30 days in advance and re-sign the revised loan contract and loan guarantee contract with the lender. Eighteenth real estate development loan mortgage (pledge) appraisal registration fee and loan contract notarization fee shall be borne by the borrower; The lender may charge the borrower a one-time safekeeping fee for the pledged goods and safekeeping goods. Article 19 A borrower applying for a development loan shall, before signing a loan contract, insure with an insurance company according to the types of insurance specified by the lender. The insurance period shall not be shorter than the loan period, the insurance amount shall not be lower than the loan principal and interest amount, and the insurance policy shall not contain restrictive clauses that damage the lender's rights and interests, and make it clear that the lender is the first beneficiary of the insurance. All expenses required for insurance shall be borne by the borrower. Article 20 During the insurance period, the insurance policy shall be kept by the lender. During the validity period of the insurance, the borrower shall not interrupt or cancel the insurance for any reason. If the insurance is interrupted, the lender has the right to take out the insurance on its behalf, and all expenses shall be borne by the borrower. Chapter VI Approval and Issuance of Loans Article 21 A borrower applying for a real estate development loan must fill in a written application and submit all the documents and materials specified in Article 8 of these Measures to the lending bank. Article 22 After the borrower applies for a loan and provides relevant documents and materials that meet the requirements, the lender shall examine and approve the loan according to the loan examination and approval procedures, and give a timely reply to the borrower within the prescribed time limit. Twenty-third after the loan application is approved, the borrower shall sign a loan contract with the loan bank in time and go through the formalities of using the money. Failing to sign the loan contract and go through the formalities of using the money within the time limit, the original approved loan application may be revoked or deemed invalid. Article 24 The loan plan approved by the lender shall be incorporated into the loan contract. The lender shall issue the loan according to the contract and the approved payment plan. When the Borrower needs to adjust the payment plan, it shall submit a written proposal to the Lender within 15 working days before the adjustment plan, and the payment plan can be adjusted only after the approval of the Lender. Twenty-fifth according to the relevant provisions of the state, the proportion of self-owned funds for real estate development loan projects is generally 30%, and the proportion of self-owned funds for national housing project loan projects is 60%. The borrower must timely and fully deposit its own funds in the loan bank or put them into use in the early stage of the project according to the prescribed proportion. If the borrower's own funds are not fully in place, the lender will not approve the loan. Chapter VII Use and Repayment of Loans Article 26 The borrower must use the loan in accordance with the contract. If the borrower violates the provisions of the loan contract, the lender has the right to stop the loan and recover part or all of the loan in advance. For the part of the loan that is not used according to the purpose stipulated in the contract, interest shall be collected or charged according to the relevant provisions of the People's Bank of China. Article 27. If the borrower fails to use the money or prepay the loan according to the plan agreed in the loan contract, it shall pay the fees to the lender at the promised interest rate agreed by both parties. Article 28 A borrower must open a basic settlement account or a general deposit account with a loan bank. Except with the consent of the lender, all fund transactions of the borrower shall be handled through the basic settlement account or general deposit account. In case of violation of regulations, the lender has the right to stop lending or recover the loan, and add interest to the misappropriated loan. Twenty-ninth lenders have the right to supervise and manage the borrower's own funds invested in loan projects. The borrower's own funds and bank credit funds invested in the project must be earmarked. If the borrower misappropriates or changes the use of funds without authorization, the lender has the right to recover the loan and charge interest. Article 30 The borrower shall repay the principal and interest of the loan according to the repayment method and time limit agreed in this contract. If the borrower fails to repay the loan principal within the time limit stipulated in this contract, it shall apply to the lender for extension 30 working days in advance. After the application for extension is approved by the lender, the borrower and the lender shall sign an extension agreement. And handle mortgage (pledge) registration and insurance extension procedures. The extension agreement shall come into effect after the written consent of the mortgagor and the guarantor. Article 31 Interest shall be charged on the portion of the loan that has not been repaid at maturity or has not been approved for extension according to the relevant regulations of the People's Bank of China, and may be directly deducted from its deposit account or paid off with its collateral. If a third party guarantee is adopted, the guarantor shall be notified to repay it on his behalf. If the guarantor fails to perform the guarantee responsibility, the lender may directly deduct it from his deposit account or safeguard his rights and interests through legal means. Chapter VIII Loan Management and Assessment Article 32 Lenders shall strengthen the management of real estate development loans, and do a good job in pre-loan investigation, in-loan review, post-loan inspection and loan recovery summary in strict accordance with the prescribed procedures. Article 33 After the loan is issued, the lender shall always check whether the loan is used according to the purposes stipulated in the contract and whether the expected economic benefits are achieved. At the same time, it is necessary to check whether the loan collateral (pledge) has changed, and check the financial and economic situation of the borrower and the solvency of the third-party guarantor. Article 34 During the validity period of the loan contract, the borrower shall accept the supervision and management of the lender, regularly submit the progress of the construction and sales of the loan project to the lender, and provide the financial plan, accounting statements and other relevant materials of the enterprise, so as to provide convenient conditions for the lender to regularly check and understand the construction, production, operation and management of the loan project and supervise the use of its funds. Article 35 The lender shall establish and improve the loan quality evaluation system, and classify, register, evaluate, collect and write off non-performing loans according to regulations. Before the loan risk classification is fully implemented, at present, loans overdue rate, loan sluggish rate, loan bad debt rate and loan interest rate are mainly assessed. Chapter IX Supplementary Provisions Article 36 The loan contract, guarantee contract and mortgage (pledge) contract of real estate development loans shall include detailed and clear legal provisions. Article 37 The Head Office shall be responsible for the interpretation and revision of these Measures. Branches of all provinces, autonomous regions, municipalities directly under the Central Government, cities under separate state planning and special economic zones may formulate detailed implementation rules according to these Measures and report them to the head office for the record. Article 38 These Measures shall be implemented as of the date of promulgation.