The Supreme People's Court on how to determine the principal
Replied the loan agreement dispute litigation subject qualification
(compound (1996) No. 6)

Sichuan Provincial Higher People's court:
Ask you "how to determine the hospital about the entrusted loan agreement loan contract litigation subject problem" (Sichuan high method (1995) No. 193) has been received. Through research, the following reply:
　　In the performance of entrusted loan agreement process, because the borrower does not return the loan on schedule and disputes, the lender (the trustee) can loan contract disputes filed a lawsuit to the people's court; the lender insisted not to prosecute, the principal may entrust loan agreement for the defendant, the trustee to the borrower for third people to the people's court.
This complex.

　　　　　　　　　　　　　　　　　　    The Supreme People's Court of the people's Republic of China
May 16, 1996

The Supreme People's Court of Zhejiang Province Academy of medical science Pukang Biotech Corp
Agricultural Bank of Chinese v. Trust Investment Company commissioned loan contract dispute case
(1997Years9Month8DayIn the [1997]Letter of the law103Number letter)

The Beijing Municipal Higher People's Court: "
Your request has been received, through research, the following reply: "
Bank trust company is to assist the client to monitor loan obligations, when Pukang to its prompt risk and take measures, bank trust company did not take emergency measures, but to provide a guarantor Pukang Czech company false balance sheet, because of this, the bank trust company for loan losses, should bear the main responsibility; Pukang the company designated Sanlian company as borrower, credit of the borrower's loss of review, the loan loss also bears some responsibility. The parties specifically by 6 ∶ 4 respectively by the trust company to assume responsibility, assume the responsibility of 60%, Pukang company assume the responsibility of 40%. As a matter of fact change, by the hospital self.

The Supreme People's Court on how to determine the answer to question the entrust loan contract
(1998Years7Month6Day faming[1998]198No.)

The Hubei Provincial Higher People's court:
You in the hospital (1997) No. 169 "on how to determine the contract for" performance problems received loans. The research, commissioned loan contract with the lender (or trustee) domicile for performance of the contract, but the contract have agreed on the place of performance exception.

The people's Bank of Chinese reply regarding "on issues concerning the entrusted loan request"

Your unit "for" on issues concerning the entrusted loans received, among them now issues related to reply as follows:
One, we think, act of agency entrusted loan behavior in fact is similar to the "general rules of the civil law" in, the two are not identical, this mainly displays in: Entrusted loan behavior is financial institutions according to the client's Commission, in a loan agreement to determine the jurisdiction, in accordance with the client to determine the amount, the term, use, interest rates, in the name of its own financial institutions, a loan contract with the client specifies the behavior of the borrower. The general principles of the civil law "and" the behavior of the agents are within the authority, to the civil legal act is the name of the agent implementation. But the legal responsibility are generated is by the client (i.e. agent) bear.
　　According to the "Provisional Regulations of the people's bank management" Republic of fourth, non bank financial institutions is not financial business. Therefore, non financial institutions entrusted investment or loan only through financial institutions, and the name with financial institutions handling, otherwise it will cause financial chaos.
In addition, the loan contract or contract form, while financial institutions is in its own name signed loan contract with the borrower, but the fact that the financial institution is entirely in accordance with the principal's will, and according to the limits of agreement of loans by the determined for lending procedures. This fact, can be proved from the loan agreement and entrust loan contract.
Therefore, if simply, indiscriminately to measure loan behavior whether accord with the requirement for "the relevant provisions of the general principles of the civil law", or is the intrinsic link separate entrusted loan agreement and entrust loan contract form, but only from form to identify who is who will violate the principle of non, seek truth from facts, the the results will only make people does that clients evade legal responsibility to bear, and the risk to the financial institutions, and ultimately lead to financial business can not be carried out.
Two, according to the "Provisional Regulations of the people's bank management" Republic of fifth and sixty-second of the national financial work, study and formulate guidelines, policies, to formulate the basic regulations for financial services and the special rules for the implementation of the rights of financial regulation is given the people's Bank of China. Therefore, the people's Bank of Chinese develop "silver [1988]285" file, it is to exercise these rights according to law, specific performance and the existing financial policies and regulations are the supplement. So, the document is legally binding on the entrusting party and the entrusted party.
Three, rights, obligations and responsibilities of the trustee of the problem, we think that the bank [1988]285 documents already provided more clearly, so as not to reiterate.
In four, entrusted loans, financial institutions shall be responsible for the supervision of the borrower to fulfill the repayment obligations and to the repayment procedures, but not for duty.

The people's Bank of Chinese"Ask questions about the guarantee loan"Reply
(silver method[1991]14No.)

The people's Bank of China branch in Hainan province:
You can guarantee "on loan from the" receipt. Through research, the following reply:

A,Entrusted loan is a trust, the trustee (trust) loans according to the object, the client specifies the scope and use of payment. Request the client prior to deposit funds with trust companies entrusted loans, in accordance with the requirements specified by the client's loan, loan review, supervision, receive payment and interest received and other matters; in the entrusted loans, trust companies to collect a fee in accordance with the provisions of entrusted loan agreement, all the income of entrusted loan, loan risk borne by the client.

    Two,Entrusted loans generally do not need a guarantee; loan guarantee guarantor and other economic contracts guarantee was required, to have the true meaning of the parties represent and guarantee the contract signed formally, the content should be consistent with national laws, regulations and relevant policies, documents.
　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　                                                                 October 28, 1991

[title    Purpose] Chinese Construction Bank issued on the "Construction Bank Chinese RMB loan contract"(reference format) Notice
[] Promulgated by the Construction Bank
[date] Promulgated by 1996.09.23
[date] 1996.09.23
[date]
[when] effective effect  
 
 
         The full text
   In order to standardize the construction bank agency business agent in the loan contract signing process, to avoid the occurrence of economic disputes and financial risk, according to the relevant regulations of the state, the head office design "Construction Bank Chinese RMB loan contract"(reference format), is now officially to be issued, and requirements are as follows:
   One, from November 1, 1996 onwards, the Construction Bank at all levels to handle the entrusted business of the RMB loan contract signed with the borrower, must refer to the contract format. Concrete fill in and asked to see the use of contract.
   Two, all in the implementation process, can make the necessary supplement to this contract format according to the actual situation, added after the contract format should be reported to the head office for the record.
   Three, all in the implementation of the found problems should be promptly reported to the head office.
 
         Annex: China Construction Bank Chinese RMB loans contract (reference format)
   The type of loan:
   Contract no.:
   Borrower.
   Domicile:                      Telephone.
   Legal representative:
   Bank name:
   Bank account:
   Fax.                      Postal code:
   The entrusted lender:
   Domicile:                      Telephone.
   Legal representative:
   Fax.                      Postal code:
   The borrower (hereinafter referred to as Party A)
   The lender (hereinafter referred to as b)
   According to v. S. (hereinafter referred to as the trustee) and Party B sign v. S. agency agreement, Party B on behalf of the principal issue v. S. loan to Party A, and to enter into this contract in the range after consultation with the buyer.
   Article 1The amount of borrowing
   Party a loan amount is RMB (uppercase) 2.
   Article secondThe purpose of the loan
   Party a loan will be used for 2.
   Article thirdLoan period
   Party a loan period from year month day to pre - V. S. v. S. years by month by day.
   Article fourthInterest rate and interest on the loan
   The loan interest rate is calculated by ＿＿ ＿＿ interest ＿＿ ＿＿, as ＿＿ ＿＿ settlement.
   Interest on the loan from the loan transfer to Party A the account date. Within the validity period of the contract, if the principal adjustment lending rates, since the date of interest rate adjustment according to the adjusted rates.
   Article fifthCash plan
   A party with a plan for:
   ＿＿ ＿＿ years ＿＿ month ＿＿ ＿＿ million; ＿＿ ＿＿ years ＿＿ month ＿＿ ＿＿ million yuan;
   ＿＿ ＿＿ years ＿＿ month ＿＿ ＿＿ million; ＿＿ ＿＿ years ＿＿ month ＿＿ ＿＿ million yuan;
   ＿＿ ＿＿ years ＿＿ month ＿＿ ＿＿ million; ＿＿ ＿＿ years ＿＿ month ＿＿ ＿＿ million yuan;
   ＿＿ ＿＿ years ＿＿ month ＿＿ ＿＿ million; ＿＿ ＿＿ years ＿＿ month ＿＿ ＿＿ million yuan;
   Article SixthThe repayment plan
   Party A's repayment plan:
   ＿＿ ＿＿ years ＿＿ month ＿＿ ＿＿ million; ＿＿ ＿＿ years ＿＿ month ＿＿ ＿＿ million yuan;
   ＿＿ ＿＿ years ＿＿ month ＿＿ ＿＿ million; ＿＿ ＿＿ years ＿＿ month ＿＿ ＿＿ million yuan;
   ＿＿ ＿＿ years ＿＿ month ＿＿ ＿＿ million; ＿＿ ＿＿ years ＿＿ month ＿＿ ＿＿ million yuan;
   ＿＿ ＿＿ years ＿＿ month ＿＿ ＿＿ million; ＿＿ ＿＿ years ＿＿ month ＿＿ ＿＿ million yuan;
   Article seventhPayment of interest
   Party A shall bear interest recently in the remittance of funds in Party B to open deposit indoor, charging interest on schedule, according to the provisions for Party B. Party A fails to pay interest, in accordance with the provisions of the recovery of profits.
   User account for interest:
   Article eighthPayment method
   Party A guarantees by the sixth article, the repayment plan seventh to determine the repayment of loans and loan interest, if not repaid on time, and without obtaining the written consent of the principal, then Party A agreed by Party B entrusts Party A person from the bank account directly deduct the loan principal, interest and related costs.
   Article ninthThe modification and rescission of a contract
   1 after this contract comes into force, a and B, any party shall not unilaterally modify or rescind the contract.
   2 loan maturity, due to objective conditions change, Party A after efforts still cannot pay off the loan, can by days before the expiration of the principal for an extension of the loan, obtain written consent and inform Party B. A, B both sides signed the extension of the repayment agreement, as an annex to this contract.
   3 A, B any party is merged, split, contracting, joint-stock reform and restructuring of change, after the change shall assume or undertake to perform the contract obligations and enjoy the rights of.
   Article tenthDuring the term of this contract, if party a need for contracting, leasing, mergers and acquisitions, joint ventures, discrete, pool, joint-stock reform and change its mode of operation, should advance to the trustor shall report and notify Party B.
   Article eleventhThe main rights and obligations of both parties, the
   1 Party A shall have the right to request Party B to be paid according to client programs and funds provided loans;
   2 Party A shall open an account in the b;
   3 Party A shall return all loans agreed in the contract period;
   4 Party A shall use the loan for the agreed purposes, shall not be misappropriated loan;
   5 Party A shall provide the relevant plan, statistics, financial statements and other materials according to the requirements of Party b.;
   The use of 6 Party B has the right to check the loan;
   7 Party B shall have the right to supervise the funds and operating condition to Party a;
   8 Party B shall loan as the client's plans and the timely release of funds.
   Article twelfthLiability for breach of contract
   1 Party A shall not use the loans as stipulated, Party B will stop issuing loans, and report to the client, and processing according to its written opinions.
   2 Party A fails to or exceed the contract agreed to split the repayment plan did not pay off the loan for the overdue loans, Party B has the right to the principal provisions of the overdue loans charged ＿＿ interest.
   Article thirteenthOther terms a, B both sides agreed.
   Article fourteenthAn agent signing this contract shall come into effect by both parties, the legal representative or authorized and affix the seal of the unit, to contract the loan principal and interest paid in full after the termination.
   Article fifteenthThis contract is made in two original copies, a, B both sides armed with a copy, copies of copies.
   Party A: Seal                          B: Seal
   Legal representative: Signature                    Legal representative: Signature
   (or its authorized agent)                  (or its authorized agent)
         Years  Month  Day                      Years  Month  Day
 
         Construction Bank China RMB loans contract (reference format) use instructions
   Applicable scope: one, the contract format is suitable for all levels of Construction Bank of RMB loan contract the borrower in the business and.
   Two, you must fill out the loan basis. People, an agent agreement must name, write the contract entrusted loan subject. Such as coal oil infrastructure loans must fill in "according to the State Development Planning Commission (hereinafter referred to as the trustee) and B signed a coal oil infrastructure loans agency agreement, Party B on behalf of the principal payment of coal replacing oil infrastructure loans to Party A, and to enter into this contract in the range after consultation with the buyer."

   Three, the contract first, two or three, four or five, six shall be filled in according to the client's documents and regulations.
   Four, ninth, 2 "loan before maturity by day" needs to be carefully measured out. For accounting treatment, generally not less than 30 days.
   Five, thirteenth, "a, B both sides agreed the other terms" can fill out the terms of the contract and shall not involve other stipulations in the contract. We should not violate the agency agreement signed the Construction Bank and the client, and may not infringe upon the interests of the principal.
   Six, the contract must be signed by the legal representative of the agent by both parties, the person or persons, and affix the seal of the unit to take effect.
 
         Entrusted loan agreement (format)
   The borrower (hereinafter called party a)
   The lender (hereinafter called party b)
   Because the first party ＿＿ ＿＿ ＿＿ ＿＿ 2 reasons, can not repay the ＿＿ ＿＿ ＿＿, entrust loan contract. The client review, consent of Party A during the repayment. According to the documents issued by the client, a and B, the two sides signed the agreement:
   One, Party A to Party B according to the contract No. ＿＿ borrowed ＿＿ ＿＿ ＿＿ loan ＿＿ ＿＿ ＿＿ million yuan, due to expire ＿＿ ＿＿ year month day ＿＿ ＿＿, now the client review, agreed to the loan balance at ＿＿ ＿＿ million yuan (capitalized) extension ＿＿ ＿＿ (year, month, day), the loan period for revision by month by V. S. year to year month day - by V. s..
   Two, loan interest rates by the principal regulations for V. s..
   Three, the loan extension, Party A adjustment repayment plan for:
   ＿＿ ＿＿ year month day ＿＿ ＿＿ ＿＿ ＿＿ million; ＿＿ ＿＿ year month day ＿＿ ＿＿ ＿＿ ＿＿ million yuan;
   ＿＿ ＿＿ year month day ＿＿ ＿＿ ＿＿ ＿＿ million; ＿＿ ＿＿ year month day ＿＿ ＿＿ ＿＿ ＿＿ million yuan;
   Four, the period after the, a, B both sides of the relevant rights and obligations according to the terms of the contract execution, V. s..
   Other matters five, the parties agreed:
   Six, this agreement by both parties, the legal representative or his authorized agent shall sign and affix its official seal on the date of this agreement, the failure to pay principal and interest of the loan after all.
   Seven, this agreement is in two originals, the A, B both sides armed with a copy, copies of copies.
   Party A: Seal                          B: Seal
   Legal representative: Signature                    Legal representative: Signature
   (or its authorized agent)                  (or its authorized agent)
         Years  Month  Day                      Years  Month  Day
 
         Entrusted loan agreement (format) use instructions
   Applicable scope: one, the agreement is the borrower can't repay the loan principal and interest according to the loan contract agreed repayment period, the consent of the entrusting party, and issue a written document, the Construction Bank (the lender) entrusted loan agreement with the borrower. The extension agreement only and contract together is effective.
   Two, loan amount, term, interest rates are filled out in accordance with the provisions of the client's file.
   Signature three, of this Agreement and the date of entry into force of the Convention in accordance with the loan contract agreement must be signed by the legal representative, agent a, B both people or its authorized, and affix the seal of the unit to take effect.

On the establishment of commercial bank loan business issues related to notice

Silver Office No. [2000]100

The people's Bank of Chinese all branches, business management departments:

Recently, some branches of commercial banks run entrusted loans business issues from the head office. Through the research, the establishment of commercial bank loan business relevant questions are hereby notified as follows:

One, entrusted loans is defined by the government departments, enterprises and institutions and individuals entrusted to provide funds, by the commercial banks (the trustee) according to the client to determine the loan object, purpose, amount, term, interest rates to extend, supervision and assistance loan. The establishment of commercial bank loan business, only charge a fee, shall not be liable for any form of loan risk.

Two, the people's Bank of China on commercial bank loan business by the examination and approval system to record system. The commercial bank to set up the business, must establish strict internal control system. A branch of a commercial bank for the business, the approval documents required to hold its head office and other relevant materials, to the local branch of the people's Bank for the record.

Please all branches, business departments shall forward this notice to all city commercial banks under their jurisdiction.

The general office of the people's Bank China  

Two in 2000 to April 5th