For Entrusted loan judicial explanation and notice
Created:
/Author:
Aaron Lewis
The Supreme People's Court on how to determine the approval entrusted loan agreement disputes 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; lenders not to prosecute, the principal may entrust loan agreement with the borrower as trustee for the defendant, third people to the people's court. May 16, 1996
The Supreme People's Court on how to determine the answer to question the entrust loan contract (July 6, 1998 faming pass No. [1998]198)
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.
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.