General loans (Draft)

Announcement of the people's Bank, the Banking Regulatory Commission China China

In order to meet the need of the development of the socialist market economy, the Committee supervision and administration of the people's Bank, China Chinese banking revised 1996 promulgation of the "loan general clauses" (the people's Bank of China order (1996) No. second), the revised "general loans (Draft)" to the public, public opinion. 　　

All units, individual modification opinion or suggestion, please in May 6, 2004 prior to the letter, email or fax back to the people's Bank of China. 　　

Contact person: Gao Yuze

Address: Beijing City, Xicheng District, 32

People's Bank of China financial market China Division

Postal Code: 100800

E-mail: credit@pbc.gov.cn

Tel: 010-66195940

Fax: 01088091530

Annex:General loans (Draft)　　

Chapter I General Provisions

Article 1 in order to regulate the credit behavior, the maintenance of credit market order, safeguard the legitimate rights and interests of both lending, according to "the people's Republic of China Law of the people's Bank of Chinese", "people's Republic of China Commercial Bank Law", "China banking supervision law", "general principles of civil law", "contract law of the people's Republic," "PRC security law" and other laws and regulations, formulate the rules. 　　

Article second the general call loans, refers to the financial institutions approved by the banking regulatory institution of the State Council, with the public as the service object, the condition to debt servicing, lend money. 　　

Call loan provisions, refers to the financial institutions approved by the banking regulatory institution of the State Council and are engaged in servicing to lend money the right to use the business activities. 　　

Article third provisions "lender", refers to the State Council approval of the banking regulatory institution established according to law and with financial institutions operating qualification loan business within the territory of the people's Republic of china. 　　

The general said the borrower, refers to legal person, establish loan legal relationship with the lender's other organization or natural person. 　　

Fourth general provisions of loans currencies including the RMB and foreign currency. 　　

Article fifth in the territory of the people's Republic of loan business shall not contravene the laws and regulations of the people's Republic of China and the relevant provisions. 　　

Sixth borrowing both parties should follow the voluntary, equality, fairness, honesty and credit principle. 　　

Article seventh any legal person, other organization or natural person shall not interfere in the lender development loan business according to law. 　　

Article eighth the people's Bank, China China Banking Regulatory Commission is to implement the "authority" of the general loan. 　　

The second chapter loan type, term and interest rate

Article ninth a loan at maturity into short-term loan, medium and long-term loan. 　　

Short term loans, means the term of the loan within 1 years (including 1 years) loans. 　　

Medium term loan, refers to the loan period in more than 1 years (not including 1 years) to 5 years (including 5 years) loans. 　　

Long term loans, means the 5 year loan period (not including 5 years) above loan. 　　

Tenth a loan in accordance with the unsecured credit loans and loan guarantees into. 　　

Credit loans, means no warranty, solely on the basis of the borrower's credit status of the loan. 　　

Loan guarantee, refers to by the borrower or the third party guarantees and loans. Secured loans guaranteed loans, including mortgage, pledge loans. 　　

Guaranteed loan, mortgage or pledge loans, refers to as "Regulations of the people's Republic of China Law of guarantee" guarantee, mortgage or pledge loans. 　　

Article eleventh the term of the loan by the borrower and lender, according to the loan funds, assets conversion cycle of self determined after consultation. 　　

Twelfth the borrower shall apply for loan, the loan is due before, with the consent of the lender, the loan term may be extended. The lender for extension reasons for changes in the asset conversion cycle shall review the loans required and actual needs, and adhere to the principle of prudent management, reasonably determine the loan extension period. 　　

Article thirteenth shall be agreed in advance owing on the loan contract, and the contract according to the contract. Without the prior agreement, shall obtain the consent of the lender. 　　

Fourteenth of the loan interest rate level and the calculation and settlement way in accordance with the provisions of people's Bank of China interest rate management and other relevant provisions. 　　

Fifteenth a loan waiver and cease, cut, break and interest, the lender shall, in accordance with the relevant provisions. 　　

The third chapter the borrower

Sixteenth borrowing by legal persons or other organizations, shall meet the following conditions:

(a) in accordance with the law for the legal person registration has to the administrative department for Industry and commerce registration and continuous for the annual inspection procedures; enterprise legal person in accordance with the "Provisional Regulations on" the registration and management of public institutions has been to the institutions of the registration administrative organ for registration or filing;

(two) income or income source of legitimate and stable, with regular servicing ability;

(three) has open basic account, settlement account or a general deposit account;

(four) in accordance with the relevant provisions of the people's Bank of China, should hold the loan card (number), must hold the people's Bank of China approved loan card (number);

(five) except as provided otherwise by authority. 　　

Seventeenth the borrower is a natural person, shall meet the following conditions:

(a) with a valid identity certificate or effective proof of residence within the territory of china;

(two) with full capacity for civil conduct;

(three) have good credit, income or assets and stable, with regular servicing ability

(four) except as provided otherwise by authority. 　　

Legal person eighteenth organ and its branch offices shall not apply for a loan; a foreign legal person, other organization or natural person to apply for loans, may not be in violation of the provisions of the State Administration of foreign exchange. 　　

Nineteenth the borrower shall timely according to law to provide relevant information to the lender, required by the lender shall not conceal, and shall not provide false information. 　　

Twentieth the borrower shall accept the lender oversight of its financial status and use of the loan in accordance with the law. 　　

Twenty-first the borrower for merger, leasing, contracting, joint venture (merger), major matters of cooperation, discrete, equity transfer, joint-stock reform, foreign investment, there may be a significant impact on the normal repayment of loans, should advance written notice to the lender; involving significant litigation matters, should be 3 working days written notice to the lender from litigation and other important matters. At the same time should be the requirements of the lender, to take loans preservation measures with lenders, discharge or the implementation of the original loan debt. 　　

Twenty-second the borrower shall, according to the loan contract, the use of loans, and the repayment of principal and interest on time and in full. The borrower fails to repay the loan in accordance with the agreed time limit, shall pay overdue interest in accordance with the relevant provisions of the people's Bank of Chinese. 　　

Twenty-third the borrower loan shall not be used for the following purposes:

(a) production, business or investment countries banned the product or project;

(two) in violation of the relevant provisions of the state to engage in equity investment, in violation of state regulations on loan as the registered capital, registered capital or capital;

(three) in violation of state regulations in stock, futures, financial derivatives investment;

(four) budget payment;

(five) prohibit the use of other state clearly defined. 　　

The fourth chapter Lender

Article twenty-fourth the lender must be approved by the banking regulatory institution of the State Council approved loans, issued by the banking regulatory institution of the State Council held the "financial license", and by the administrative department for Industry and Commerce registration. 　　

Twenty-fifth independent review and decided to loan the lender, has the right to refuse any legal person, other organization or natural person forced loans. 　　

Article twenty-sixth the lender shall sign the loan type, term and interest rate levels, within 30 days of receipt of the application, and the loan, the borrower loan applicants reply or not. 　　

Article twenty-seventh borrowers, lenders to deal with account assets, financial situation, business secrets and personal privacy and confidentiality, but otherwise provided by law or otherwise agreed by the parties. 　　

The lender shall have the right to take legal measures against the borrower to provide information query, shall have the right to the borrower's financial statements or collateral, pledge to lender approved institutions audit or evaluation. 　　

Twenty-eighth the borrower fails to perform the obligations as stipulated in the loan contract, the lender may in accordance with the contract to stop issuing loans, early recovery of partial or all loans or cancel the loan contract. 　　

The borrower to completely fulfill the loan contract, the lender can not provide loans on time and in full in accordance with the stipulations of the contract, shall be in accordance with the contract agreed to assume responsibility for the breach and the resulting loss of bona fide third parties. 　　

Article twenty-ninth the lender has the right according to law or contract, to take measures to avoid loan losses. 　　

The borrower can not in accordance with the contract agreed to return one or more lenders of one or more loans, lenders are all in accordance with the contract requirements of the early repayment. 　　

Article thirtieth the lender shall, according to the relevant provisions of the state to charge a reasonable fee. 　　

In the loan amount is determined, the unused credit lines, the lender shall, according to the relevant provisions of the contract, a certain proportion of commitment fees and other related expenses. The specific way of collection and fee standards according to the provisions of the contract. 　　

Article thirty-first the lender shall have the right to refuse to loan contract conditions outside the content. 　　

Article thirty-second the lender shall, in accordance with the relevant provisions of the people's Bank of China, will loan factors timely input the bank credit registration and consulting system. 　　

Article thirty-third the lender in realizing the right to mortgage, pledge, shall take legal means and procedures, and shall not damage the mortgagor, the quality of people's legitimate rights and interests. 　　

Article thirty-fourth the lender investigation, the borrower under any of the following circumstances, the lender may not grant loans to its:

(a) construction project loans according to the provisions of the State shall be reported to the approval of relevant departments and has not obtained the approval document of the;

(two) production, business or investment project loan according to the provisions of the state environmental protection departments shall obtain the license without permission;

(three) the borrower contracted, leasing, joint venture, cooperation, merger (merger) process, discrete, equity transfer, joint-stock transformation, unliquidated or implement the original loan lenders;

(four) branch offices do not have the qualifications of a legal person without borrowing authority. 　　

(five) the state clearly stipulated loans. 　　

The fifth chapter loan management

Thirty-fifth the borrower to apply for loans, it shall also provide one or more of the following data:

(a) (the borrower and guarantor) the basic situation;

(two) the natural person must provide a valid identity certificate and relevant credit certificate;

(three) legal person, other organization must provide relevant financial report, the annual report must be approved by the relevant departments or accounting (AUDIT) have legal effectiveness audit, enterprises (thing) industry corporate should also provide the loan card (number);

(four) the collateral (pledge) list, the disposition to mortgage (pledge) certificate or the guarantor agree about the document guarantee;

(five) the lender that need to provide other relevant information. 　　

Thirty-sixth receipt of the loan application, the lender shall also review the following one or several situations:

(a) all kinds of information provided by the borrower;

(two) the borrower's financial condition, cash flow and the historical record of repayment and other non-financial factors, assessment of the borrower's repayment ability;

(three) assessment of the borrower's credit rating. According to the borrower's staff quality, economic strength, financial situation, business performance, efficiency and development prospects and other factors, assessment of the borrower's credit rating. Rating can be carried out independently by the lender, internal control, can also be carried out by an appraisal institution approved by the authorities. 　　

(four) guaranteed quality and legal effect;

(five) issue loans, assets and liabilities must strictly review the borrower and the borrower's cash flow forecast;

(six) the project loans, must the loan project appraisal is the future cash flow forecast and pledge, mortgage, guarantee or insurance, and strictly review the loan project proposal and feasibility study report;

(seven) grant loan related enterprises, should be unified evaluation between all related enterprises, financial condition, assets and liabilities of the foreign guarantee and relevant enterprise mutual insurance etc.. 　　

Article thirty-seventh the lender shall be guaranteed loans, the repayment capability of the guarantor, and whether the violation of the regulations of the state as guarantor, strictly review collateral, pledge the ownership and value and feasibility of realizing the right to mortgage, pledge. Borrowers credit loans, must carry on the strict examination, assessment of the borrower, confirm its credit have repayment ability. Article thirty-eighth guaranteed loans, must be in accordance with the "Regulations of the people's Republic of China Law of guarantee", signed the contract of guarantee, for the security procedures. Need to apply for registration, shall handle the registration according to the law; to delivery, shall be delivered. 　　

Article thirty-ninth the lender in the pledge of rights granted to guarantee loans for the pledge of rights, should be in accordance with the law has made clear to the right to pledge. 　　

Article fortieth the lender and the borrower shall be according to the "contract law" provisions of the people's Republic of China signed loan contracts, except as otherwise provided by the state. 　　

Forty-first according to the loan prior agreement, the lender may participate in the foreign investment, assets reorganization and other major matters or significant related party transactions, implement effective security and debt servicing matters. 　　

Article forty-second the lender shall according to the loan maturity and the remaining duration and amount, the annual statistics of their debt maturity, and the corresponding management of exposures and liquidity. 　　

Article forty-third the lender shall loans and commitment to a single borrower, and its associated enterprises, guarantee acceptance table inside and outside business unified comprehensive credit risk, centralized control. 　　

Article forty-fourth the lender shall implement Prudential and effective authorization system of credit management. 　　

Article forty-fifth lenders and borrowers can be agreed in writing, if the borrower fails to repay principal and interest, the lender can open the borrower in the business from institutional lenders account deduct the loan principal and interest, and promptly notify the borrower. 　　

The forty-sixth installment loan, the lender may agree with the borrower, if one fails to repay the loan, loan term may be extended or overdue interest, other outstanding loans can be regarded as the due loan processing. 　　

Article forty-seventh the lender shall according to the loan risk loans will be divided into normal, attention, substandard, doubtful and loss class. The lender shall timely collection of overdue loans. The project loans and corporate loans loans will be divided into 90 days late, 180 days, 270 days, 360 days and 360 days more than five grade statistics according to the number of days overdue, and as an important reference index of loan quality classification. The retail loans should follow the provisions are more detailed classification on the number of days overdue. 　　

Article forty-eighth the borrower cannot repay the loan in accordance with the contract or cannot implement the servicing matters, the lender shall timely preservation of creditor's rights, it may be necessary to take legal litigation and other legal measures in the news media disclosure or. 　　

Article forty-ninth the lender may accept the borrower, guarantor, the mortgagor or pledgor loans to non monetary assets. Value amount is insufficient to pay off the principal and interest of loans, the borrower shall continue to pay off the outstanding part; price exceeds the amount of outstanding loans and interest, the lender shall pay part of the cost to the borrower. 　　

The lender made of non monetary assets, should follow the principle of prudence timely disposal. 　　

Article fiftieth the lender shall establish and improve the credit risk early warning system and quality control system, the non-performing loan classification, identification, registration, examination and collection. 　　

Article fifty-first the lender shall be according to the related regulations of bank Ministry of Finance and the State Council industry supervision and management mechanism, extraction of loan loss reserve. 　　

Article fifty-second the lender shall, in accordance with the relevant provisions of the Ministry of finance, to write off bad loans. 　　

Chapter sixth special provisions for loan management

The fifty-third syndicated loan means a loan, many lenders granted loans for the same loan agreement to provide fund to the same borrower. 　　

Fifty-fourth foreign financial institutions engaged in business loans can be syndicated loans, and in accordance with the law to choose the applicable law. 　　

Between each lender fifty-fifth syndicated loan shall sign agreements, clearly stipulates the lead party, the agent, the rights and obligations between the parties, or stipulated in the "loan contract". 　　

The fifty-sixth syndicated loan borrowers in accordance with the proportion of the actual loan agreement or contract enjoy rights and undertake the risk. 　　

The fifty-seventh syndicated loan led the party and party shall, according to the syndicated loan contract requirements according to schedule and provide the loan to the borrower. 　　

The fifty-eighth syndicated loan led the party or the agent shall notify the borrower's financial condition and other information to inform the. 　　

The fifty-ninth syndicated loan, the lender may require the borrower to pay the cost of syndicated loans, syndicated loan cost allocation scheme shall be determined by the lender in syndicated negotiation. 　　

The sixtieth syndicated loan led party or the agent shall timely in accordance with the provisions of the agreement, the loan borrowers pay give parties. 　　

The borrower is unable to perform the obligations as stipulated in the loan contract, the lender shall the syndicated loan repayment in accordance with the loan contract agreed repayment ratio requirement. 　

Article sixty-first the lender loan transfer, shall be carried out in accordance with the relevant provisions of the state. 　　

The loans of foreign financial institutions, shall conform to the State Administration of foreign exchange and other relevant departments. 　　

Sixty-second a loan transfer, including recourse loan transfer and non recourse loan transfer. The transferee recourse loan transfer, the transferor shall be recorded in the balance sheet, according to the relevant provisions or debt management and disclosure. Article sixty-third the transferor must provide loans and loan transfer information about price, risk, and may not conceal or providing false information. 　　

Article sixty-fourth the transferee must be financial institutions loans by the banking regulatory institution of the State Council approved in the business of lending. In addition to the loan transfer, must be approved by the banking regulatory institution of the state council. 　　

Sixty-fifth a loan the transferee can manage the loans or entrust other by the banking regulatory authority under the State Council may engage in business loans of financial institutions on behalf of management. 　　

Article sixty-sixth the loan claim all or part of the transfer to third people, should the rotation within 30 days from the date of notification in written form or in the form of announcement of borrowers. The lender fails to notify the borrower, the borrower transfer behavior has no legal effect. 　　

Sixty-seventh the borrower loan debt all or part of the transfer to third people, must obtain prior written consent of the lender. 　　

Article sixty-eighth the Lender Borrower loan before agreeing to the transfer of all or part of third people, third people must be strictly examine the credit status, repayment ability, evaluation, audit procedures in accordance with the loan. The seventh chapter legal liability

Sixty-ninth if a borrower obtains loans by cheating, in accordance with "the people's Republic of China Commercial Bank Law" article eighty-second, article eighty-third shall be punished. 　　

Seventieth the borrower violates the principles of article eighteenth, article nineteenth, article twentieth, article twenty-first, article twenty-second, the provisions of article twenty-third, the lender shall be ordered to correct, if it refuses to make correction, the lender may according to the circumstances to stop issuing loans, early recovery of partial or all loans. If losses are caused, the borrower and the person in charge or other responsible person, shall bear the liability of compensation. 　　

Article seventy-first the lender's staff, violation of these general rules for relatives, friends to loan losses, shall bear all or part of the liabilities for compensation. 　　

Article seventy-second units or individuals to lenders to make loans, or lenders staff to the unit or individual forced loans and do not refuse, in accordance with "the people's Republic of China Commercial Bank Law" article eighty-eighth shall be punished. Article seventy-third the lender commits one of the following acts, by the banking regulatory institution in accordance with the "Regulations of the people's Republic of China Commercial Bank Law" in article seventy-fourth, shall be punished. 　　

(a) grant fiduciary loans;

(two) the conditions better than the same type of loans to other borrowers conditions guaranteed loans to people;

(three) raise or lower interest rates in violation of regulations or by any other unfair means of competition, loans;

Seventy-fourth without the approval of the banking supervision institution, any legal person, other organization or natural person engaged in or engage in prescribed in the rules of the loan business, shall be banned by the banking regulatory agencies, and in accordance with the "Regulations of illegal financial institutions and financial business activities banned methods", confiscate the illegal income, impose illegal income is 1 times more than 5 times the fine; no illegal income, from 100000 yuan to 500000 yuan fine; constitutes a crime, shall be investigated for criminal responsibility according to law. 　　

Article seventy-fifth the lender in any of the following circumstances, it shall be ordered to make corrections by the banking regulatory institution of the State Council; if it fails to do so, the banking regulatory institution of between 100000 yuan and 500000 yuan fine:

(a) in violation of the provisions of the people's Bank of Chinese interest rate management information node information;

(two) the loan contract, the loan period exceeds the authority of the loan period limit;

(three) the extension of the loan period exceeds management authorities of the extension period limit. 　　

Article seventy-sixth the lender in violation of the rules twenty-sixth, twenty-seventh, thirty-third regulations, shall be ordered to make corrections by the banking supervision institution; if it fails to do so, the banking regulatory institution of between 100000 yuan and 500000 yuan fine. Causes losses to the borrower, it shall bear the corresponding compensation liability. 　　

Article seventy-seventh the lender in violation of the rules, the provisions of article thirtieth of the thirty-second, it shall be ordered to make corrections by the banking supervision institution; if it fails to do so, the banking regulatory institution of between 100000 yuan and 500000 yuan fine. 　　

Article Seventy-eighth the lender in violation of the general provisions of article thirty-fourth of loans, the banking regulatory institution depending on the seriousness of lenders be warned, fined 100000 yuan 500000 yuan, until the revocation of the lender or the relevant branches of the business license. 　　

Article seventy-ninth the lender in violation of the general provisions of article thirty-sixth, not the borrower strictly review, resulting in loss of loans, the banking regulatory institution depending on the seriousness of lenders be warned, fined 100000 yuan 500000 yuan, until the revocation of the lender or the relevant branches of the business license. 　　

Article eightieth the lender is not in accordance with the Ministry of Finance and the state banking authority the relevant provisions, timely and adequate provision of loan loss provisions, shall be given a warning by the banking regulatory agencies, and ordered to correct; the lender refuses to make corrections, the banking regulatory institution shall be punished in accordance with the relevant provisions of the state. 　　

The eighth chapter supplementary provisions

Eighty-first policy banks to issue loans refer to the general executive, national provisions from the provisions of. 　　

Eighty-second where a foreign-funded financial institution loans for these general rules, otherwise stipulated in laws from the provisions of. 　　

Article eighty-third the general supervision and administration of the people's Bank, by the Committee China Chinese banking joint shall be responsible for the interpretation of. 　　

Article eighty-fourth the rules shall enter into force as of the date. Previously with the rules are in conflict, according to the general rules of implementation.