1. Commercial application:
(1) The principal of the entrusted loan is an enterprise or institution as a legal person approved and registered by the administrative department for industry and commerce (or the competent authority).
(2) Companies that handle domestic entrusted foreign exchange loans must be enterprises listed in the Directory of Transnational Corporations approved by the State Administration of Foreign Exchange.
(3) The borrower in the entrusted loan can only be determined by the principal in writing, and shall not be designated by a third party other than the principal.
2. Compliance requirements:
(1) The source and use of clients' funds must comply with the Law on Commercial Banks, the General Rules on Loans and the relevant provisions of the State Administration of Foreign Exchange, and they must operate with their own RMB funds or their own foreign exchange funds.
(2) Foreign exchange entrusted loan funds shall adhere to the principle of full receipt and full payment, and shall not be deducted, written off, settled, used for settlement or pledged for RMB loans.
(3) Entrusted foreign exchange loans are limited to the investment and financial management mode of mutual borrowing of foreign exchange funds between domestic member companies of multinational corporations (overseas business will not be carried out for the time being), and are carried out in the form of entrusted loans in accordance with the provisions of the General Principles of Loans.
(4) The entrusted loan funds shall not be used for providing loans and guarantees to others, for projects that are restricted or prohibited by the state to support or repeat construction, for equity investment, or for securities and futures speculation.
(5) A listed company shall not violate the provisions of the Notice on Guarantee of Listed Companies on the qualifications of principals, and a listed company shall not provide funds to its controlling shareholders and other related parties through loans entrusted by banks and non-bank financial institutions.
The above contents are for your reference. Please refer to the actual business regulations.
What are the specific conditions for handling personal entrusted loans from China Bank? Can you introduce them to me?
The borrower of China Bank's personal entrusted loan shall meet the following conditions:
1, with my real and valid ID.
2 have a stable occupation and income, good credit, and the ability to repay the principal and interest of the loan.
3. Meet other conditions stipulated by customers and China Bank.
4. It is not included in the list or scope of sanctions issued by international organizations, China or other countries, and it does not fall within the scope of prohibiting China banks from establishing or maintaining customer relationships with them.
5. The borrower shall be determined by the customer in writing, and shall not be designated by a third party other than the customer, including Bank of China. Bank of China is not allowed to introduce borrowers to customers, nor is it responsible for examining the feasibility of loan projects.
After signing the contract, when applying for personal entrusted loan, the trustee shall require the client to issue a written power of attorney.
The above contents are for your reference. Please refer to the actual business regulations.
Does the entrusted loan borrower sign an agreement with the entrusting party or with the bank?
I. The borrower of the entrusted loan signs an agreement and contract with the trustee. The trustee is a trust institution, and the bank can also be the trustee's trust institution.
Second, the entrusted loan contract is formed between the principal and the trustee (lender) and the borrower. The trustee (lender) issues, supervises and uses the funds provided to the borrower in the name of the trustee (lender) according to the entrustment requirements of the principal.
Three. Entrust loan application conditions
1. The trustor and the lender shall be enterprises (institutions), other economic organizations, individual industrial and commercial households or natural persons with full civil capacity approved and registered by the administrative department for industry and commerce (or competent authorities).
2. A settlement account has been opened in a commercial bank.
3. The source of entrusted funds must be legal and have independent control.
4. To bid for the entrusted loan, you must bear the loan risk alone.
5. Pay taxes according to the relevant requirements of the State Local Taxation Bureau, and cooperate with the trustee to collect and remit taxes; Meet other requirements of commercial banks.
Extended data:
Matters needing attention in signing the entrusted loan contract;
1. Units and individuals that entrust financial institutions to handle entrusted loans must open a special deposit account for entrusted loan funds in their entrusted financial institutions when handling entrusted loan business, and deposit the entrusted loans into the account. The total entrusted loans shall not exceed the total entrusted deposits.
2. The borrower, purpose, amount, term and interest rate of the entrusted loan shall be decided by the entrusting unit independently, but it shall comply with the relevant national policies and regulations.
3 entrusted loans belong to fixed assets investment loans, which must be incorporated into the national fixed assets investment plan and can only be handled with the official documents approved by the relevant departments.
4. Financial institutions that accept entrusted loans do not bear the economic responsibility for entrusted loan risks. If the borrower fails to repay the principal and interest of the loan due to poor management or other reasons, the financial institution will not assume the responsibility of repaying the principal and interest on behalf of the borrower.