Chapter I General Provisions
Article 1 These General Rules are formulated in accordance with the Law of the People's Republic of China on the People's Bank of China, the Law of People's Republic of China (PRC) Commercial Bank and other relevant laws and regulations in order to standardize the loan behavior, safeguard the legitimate rights and interests of both borrowers and borrowers, ensure the safety of credit assets, improve the overall benefit of loan use and promote the sustainable development of social economy.
Article 2 The term "lender" as mentioned in these General Rules refers to a Chinese-funded financial institution that is not legally established in China to engage in loan business. The borrower mentioned in these General Rules refers to legal persons, other economic organizations, individual industrial and commercial households and natural persons who have obtained loans from Chinese-funded financial institutions engaged in loan business.
The term "loan" as mentioned in these General Rules refers to the monetary funds provided by the lender to the borrower and repaid the principal and interest at the agreed interest rate and time limit. The loan currencies in these General Rules include RMB and foreign currency.
Article 3 The issuance and use of loans shall comply with national laws, administrative regulations and management regulations issued by the People's Bank of China, and follow the principles of efficiency, safety and liquidity.
Article 4 Lending activities of borrowers and lenders shall follow the principles of equality, voluntariness, fairness, honesty and credibility.
Article 5 Lenders shall follow the principles of fair competition and close cooperation when conducting loan business, and shall not engage in unfair competition.
Article 6 The People's Bank of China and its branches are the supervisory institutions for implementing the general principles of loans.
Chapter II Types of Loans
Article 7 Self-operated loans, entrusted loans and special loans:
Self-operated loan refers to a loan independently issued by the lender with funds raised in a legal way. The risk is borne by the lender, and the principal and interest are recovered by the lender.
Entrusted loans refer to loans provided by clients such as government departments, enterprises, institutions and individuals, and issued, supervised and recovered by lenders (i.e. trustees) according to the loan object, purpose, term and interest rate determined by clients. The lender (trustee) only charges the handling fee and does not bear the loan risk.
Specific loans refer to loans granted by state-owned commercial banks with the approval of the State Council to take corresponding remedial measures for possible losses caused by loans.
Article 8 Short-term loans, medium-term loans and long-term loans.
Short-term loans refer to loans with a loan term of 1 year (inclusive).
Medium-term loans refer to loans with a loan term of more than 1 year (excluding 1 year) and less than 5 years (including 5 years).
Long-term loans refer to loans with a loan term of more than 5 years (excluding 5 years).
Article 9 Credit loans, secured loans and bill discounting:
Credit loan refers to the loan issued by the borrower's credit.
Secured loans refer to secured loans, mortgage loans and pledged loans.
Guaranteed loan refers to a loan issued by a third party in the form of guarantee stipulated in the Insurance Law of People's Republic of China (PRC) and the National Insurance Law, and the borrower promises to assume general guarantee liability or agreed joint liability when the loan cannot be repaid.
Mortgage loan refers to the loan issued with the property of the borrower or a third party as collateral according to the mortgage method stipulated in the Guarantee Law of People's Republic of China (PRC).
Pledged loan refers to the loan issued with the movable property or rights of the borrower or a third party as pledge according to the pledge method stipulated in the Insurance Law of People's Republic of China (PRC) and the National Insurance Law.
Bill discount refers to the loan issued by the lender in the form of purchasing the borrower's unexpired commercial paper.
Article 10 Except for entrusted loans, when the lender issues loans, the borrower shall provide guarantees. The lender shall strictly examine the repayment ability of the guarantor, the ownership and value of the collateral, and the feasibility of realizing the collateral. If it is confirmed by loan review and evaluation that the borrower has a good credit status and can repay the loan, no guarantee may be provided.
Chapter III Loan Term and Interest Rate
Article 11 Term of loan:
The loan term shall be determined by the borrower and the borrower through consultation according to the borrower's production and operation cycle, repayment ability and the lender's capital supply ability, and shall be specified in the loan contract.
Generally, the term of self-operated loans shall not exceed 65,438+00 years, and those exceeding 65,438+00 years shall be reported to the People's Bank of China for the record.
The longest discount period of bill discount shall not exceed 6 months, and the discount period shall be from the confirmation date to the maturity date of the bill.
Article 12 Loan issuance:
If the loan cannot be repaid on schedule, the borrower shall apply to the lender for extension on the loan maturity date. Whether the extension is decided by the lender. When applying for extension of secured loan, mortgage loan or pledged loan, the guarantor, mortgagor and pledgor shall also issue a written consent certificate. If there is an agreement, it shall be implemented in accordance with the agreement.
The cumulative extension period of short-term loans shall not exceed the original loan period; The cumulative extension period of medium-term loans shall not exceed half of the original loan period; The cumulative extension period of long-term loans shall not exceed 3 years. Unless otherwise stipulated by the state. If the borrower fails to apply for extension or the application for extension is not approved, the loan will be transferred to the overdue loan account from the day after the maturity date.
Article 13 Determination of loan interest rate:
The lender shall determine the interest rate of each loan according to the upper and lower limits of the loan interest rate stipulated by the People's Bank of China, and specify it in the loan contract.
Article 14 Calculation and collection of loan interest:
Lenders and borrowers shall collect or pay interest on schedule according to the loan contract and relevant interest-bearing provisions of the People's Bank of China.
When the loan extension period and the original term reach the new interest rate term grade, the loan interest will be charged at the new term grade interest rate from the date of extension.
Penalty interest is charged for overdue loans according to regulations.
Fifteenth loan interest:
According to the national policy, in order to promote the economic development of some industries and regions, the relevant departments can discount loans.
Loans subsidized by relevant departments shall be independently approved and issued by the undertaking bank, and strictly managed in accordance with the relevant provisions of these General Rules.
Article 16 Suspension, reduction, extension and interest-free of loans:
Except for the decision of the State Council, no unit or individual has the right to decide to stop, reduce, postpone and interest-free. The Lender shall specifically handle suspension, reduction, deferment and interest-free according to the decision of the State Council.
Chapter IV Borrower
Article 17 The borrower shall be an enterprise (institution) legal person, other economic organizations, individual industrial and commercial households or a natural person of China nationality with full civil capacity approved and registered by the administrative department for industry and commerce (or the competent authority).
The borrower shall meet the following basic conditions when applying for a loan: the products are marketable, the production and operation are profitable, the credit funds have not been misappropriated, and the credit is strictly observed:
(a) has the ability to repay the principal and interest of the loan on schedule, and the original loan interest payable and the loan due have been paid off; If there is no repayment, a repayment plan approved by the lender has been made.
Two, except for natural persons and institutions that do not need the approval and registration of the industrial and commercial departments, the annual inspection procedures shall be handled by the industrial and commercial departments.
3. basic deposit account or general deposit account has been opened.
Four, except for limited liability companies and joint stock limited companies stipulated by the State Council, the accumulated amount of overseas equity investment shall not exceed 50% of its total net assets.
Verb (abbreviation of verb) The borrower's asset-liability ratio meets the requirements of the lender.
Six, to apply for medium and long-term loans, the proportion of new project owners' equity in the total investment required by the project is not less than the proportion of investment project capital stipulated by the state.
Article 18 The rights of the borrower:
First, you can apply for loans from the host bank or the agent bank of other banks independently and get loans according to the conditions;
Two, have the right to withdraw and use all the loans as agreed in the contract;
3. Have the right to refuse additional conditions other than the loan contract;
4. Have the right to report relevant information to the superior bank of the lender and the People's Bank of China;
Five, after obtaining the consent of the lender, have the right to transfer the debt to a third party.