Analysis of Linyi commercial vehicle market and credit risk

 

Objective: the individual operation car loan is a bank to the natural person the borrower to purchase for the purpose of profit, engaged in legitimate production and operating activities of a car loan.

Borrowers are engaged in operating vehicle only a hand operating vehicle, according to the use of borrowers to apply for loans to buy cars, mainly divided into passenger cars, trucks and engineering vehicles.

The first part-Linyi commercial vehicle market:

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The third part-Risk analysis in automobile loan:

A, financial risk

Throughout the whole process of in car consumption loans, the guarantor, the biggest risk is that the borrower's repayment ability. If the borrower does not fulfill the contract obligations due to illness, accident, death and the guarantor fails to fulfil its contractual obligations due to merger, reorganization, bankruptcy, dissolution of the borrower, guarantor full capacity for civil conduct and capacity of responsibility; the borrower or guarantor involved in litigation, regulation announced by the administrative or judicial authorities of the state the confiscation of their property and dispose of limitations, or the existence of this happens threat.

Two, environmental risk

The environmental risk is due to changes in the external economic factors Guarantee corporation credit risk. Mainly: first, the personal credit information asymmetry risk. Personal credit system is not perfect, can not be a comprehensive assessment of the credit, the reporting content loan information mainly borrowers declaration, the authenticity of the borrower's credit information is not verifiable. Second, the risk of auto market. The long run, the price decline is inevitable, that customers lost or reduced repayment willingness. Third, the automobile trading market risk. Automobile trading market is affected by the external environment and other factors, cause the borrower cannot obtain the anticipated income and delayed return of the loan; and the impact of gasoline prices, the borrower can not achieve the expected income and influence loan repayment. Fourth, to recover the legal environment, law enforcement difficult also affect the car bad loans.

Three, credit risk

Because China has not yet established a sound personal credit evaluation system and personal income, property declaration system, the Guarantee Corporation to truly judge and master the borrower of personal credit and repayment ability, the borrower does not fulfill the responsibility of repayment, a single security measure, cannot form effective restriction to borrowers personal credit and property.

1, the borrower's credit risk. The reasons for unemployment, job change or other economic decline in the borrower repayment ability, and even the loss of income sources owing on the loan, the loan risk.

2Auto dealers, credit risk. There are car dealers to change the use of the loans or malicious fraud.

3, long credit. Due to the lack of information sharing between banks, borrowers are in a different bank loans, credit borrowers unable to repay, the formation of repudiation or decamp, Guarantee Corporation has suffered huge losses.

Four, operational risk

Operational risk is refers to the guarantee business handling all aspects because of the risk of illegal operation or management of inadequate.

1Cooperation with distributors, blind. The ability of cooperation dealer warranty analysis and evaluation is not enough, there is a big potential risks. In the early days of the automobile financial credit business launched, partner with manufacturers and distributors; there is no affiliation with the manufacturers, a large number of private private dealers. Most of the vehicles linked in dealer borrowers that they are leasing dealers, although to the bank for the relevant procedures, but the idea that only the same dealer is the lease, but has not formed the debtor creditor relationship with the bank's consciousness.

2, the loan before the survey is not careful, cannot get accurate customer information. Just focus on the borrower and guarantor of the occupation and the wage income proof, relax the investigation on other aspects of the borrower's authenticity, some Guarantee corporation credit agency staff to the contents of the application to the loan does not verify that the borrower, easily obtained significantly more than the repayment ability of borrowers.

3Loan review, loose, some a mere formality. On the borrower repayment capacity of review lax supervision, prove to the repayment ability of the lack of effective identification, to provide proof of income and personal income tax that does not match; some borrowers monthly income is not sufficient to repay the repayment amount; and car loan control in violation of the provisions, the first payment ratio is too low, resulting in disguise zero Shoufu fact.

4After the loan does not implement, track inspection. The lack of an effective monitoring mechanism after the loan, the loan purchase a car purchase a car is really for, whether in time for mortgage registration, mortgage loans after a full year of the vehicle is timely renewal issues such as implementation is not in place; computer technology can not keep up with the fast developing business step, the comprehensive function of the credit management system is not complete, miss the favorable opportunity loan collection.

Five, guarantee risk

Security risk is the risk that the loan guarantee measures are not in place, unable to perform the obligations of guarantor, collateral devaluation, damage and other reasons the guarantee measures do not provide adequate assurance ability to the risk of loan funds to loan.

1Auto dealers, cooperation risk. To provide security and the purchase of vehicles as collateral personal auto loan mode of operation in the dealer, the vast majority of personal automobile consumption loan customers by the dealer or the shipping company to Guarantee Corporation, Guarantee Corporation is subject to the car dealer or transportation company, is not conducive to guard against the risk from the source.

2Risk, insurance. The car is used as the counter guarantee collateral to the insurer, once the borrower has a credit crisis, refused to repay bank loans, so the insurance company will be the Guarantee Corporation to avoid loss of the only guarantee, and insurance companies are in the treatment of collateral will perform insurance obligations, so it can not guarantee the claim rate, the amount of compensation is also it is difficult to put in place in time, the insurance rate is very low, the formation of loan risk.

3, mortgage risk. The car to car loans as collateral, as liquidity price depreciation of serious and vehicle, once the customer to owing on the loan, car loan or intentionally by abutting maliciously, Guarantee Corporation recourse will be very difficult. The risk of car loans have mortgage and legal priority conflict.

Six, uncontrollable risk

Some risk is not artificial, not belong to force majeure, such as natural disasters, war, etc. for this risk can only take preventive and remedial measures, when problems arise, for the risk to a minimum.

Seven, legal risk

May be prosecuted or undertake the legal or contractual liability. The risk of automobile consumption loan bank financial institutions still exists in the mortgage and legal priority conflict. Car consumption loans between banks and mortgage is based on the agreement between the parties arising from the guarantee real right, it was not from the law, the priority order was legal priority after. Two once met, will lead to bank's auto consumer mortgage rights can not be achieved, resulting in suspended creditor's rights. Legal priority mainly includes: the priority of the tax revenue, land use rights, leasing priority, allowance for staff priority, payment of the construction project priority lien, priority.

The registration of collateral mortgage priority priority may conflict with other risk summary:

1The conflict between the situation, mortgage

2001Year "motor vehicle registration regulations" provisions of article thirty-seventh in the vehicle during the mortgage, mortgage will vehicle re mortgage, mortgage registration according to the provisions of these measures, namely the mortgagor may mortgage vehicle again, though2008The new "vehicle registration" is no longer required another mortgage procedures, but China's "guarantee law" article35"The provisions of creditor's rights guaranteed by the mortgagor shall not exceed the value of the mortgaged property. After the property is mortgaged, the property value is greater than the balance of the secured claim, may again collateral, but shall not exceed the balance "is still valid, so in practice, there may be conflict between the mortgage right. According to the "property law" stipulates that the 188th mortgage to motor vehicle,The mortgage right shall be established since the mortgage contract comes into effect, without registration,Not confrontation goodwill third person. This establishes the registration, the mortgage right shall be established since the mortgage contract comes into effect, but legally registered mortgage right before no registration of the mortgage; the first legally registered mortgage priority after registration of the mortgage; the same day for the registration of mortgage payment according to the proportion of enjoy priority.

2, mortgage and lien between conflict situations

Lien is refers to the creditors in accordance with the contract between a debtor movable, the debtor is not within the time limit specified in the contract to fulfill the debt, the creditor shall have the right to retain the property in accordance with the provisions of this law, to the property by auction or discounted, the sale of the property price priority. Lien is a legal real right of pledge,China's "property law" the provisions of article 239th,The same chattel mortgage has been established, the property has been retained,The lienor priority. Therefore,Both mortgage and lien set up time will be,Lien will override the mortgage repayment. This is because: first, the real guarantee, mortgage is generally free to set it to the parties, parties and belongs to real right for security, agreed; but the lien directly in accordance with the law, shall not be set free by the parties, is a legal real right of pledge. Secondly, the collateral is usually in direct control of the lien holder under, and the mortgagee has no possession of collateral. In addition to mortgage with subrogation and recourse, when his rights are infringed or collateral illegally obtained, the mortgagee has the right to exercise the right to mortgage on your behalf, but the lien holder is the legal possessor, when his creditor's rights has not been achieved, he can leave the collateral to against any person (including the mortgagee) return the property under lien request. Especially the "property law" after the implementation of expanded scope of lien, more heavy mortgage registration after the car mortgage priority risk, based on this, we pay close attention to this kind of risk.

 3, the conflicts between mortgage and pledge of

"Provisions on some issues of applicable PRC security law" interpretation of the Supreme People's court seventy-ninth,Mortgage right and pledge the same property statutory registration coexist,The mortgagee in preference to the pledgee repayment. Here,The premise of mortgage repayment priority to pledge the mortgage is established and the effective mortgage rules right according to law for registration, shall not be prior to the mortgage repayment unregistered mortgage, but08The provisions of article thirty-third edition "vehicle registration", for motor vehicle pledge or removal of pledge application, apply for jointly by the owner of the vehicle and the pawn shop, the owner of the vehicle should fill in the application form, and submit the following certificates, certificate: (a) the motor vehicle owner and pawning the identity; (two) the provisions the motor vehicle registration certificate, to pledge right also clear requirements for the record. According to the actual situation in our country at present, the vehicle registration organs and administrative registration authority is the same unit, is the management of vehicles, according to the "hock management measures" forty-second paragraph second, pawn pawn pledge business operating motor vehicle, should be to pledge for registration department of vehicles. Therefore, the "record " should be regarded as "registration".

 For the same vehicle respectively in the Che Kwun the registration of mortgage and pledge of the conflict is still used "the Supreme People's Court on certain issues concerning the application of the people's Republic of China law interpretation" provisions of article seventy-ninth provisions, to be the legislative or judicial organs further explanation. We think: mortgage right and pledge are generally the parties to set free, to the parties and contract, belongs to the real right for security, both for registration in/For the record (the same below) conditions should have equal priority, should be the first registration has the right of first refusal, the same day for the registration of mortgage in the proportion of the amount of enjoy priority.

4, mortgage and lien, pledge between conflict situation

As mentioned before, the same vehicle respectively in the Che Kwun the registration of mortgage and pledge at the same time the vehicle and other units or individuals lawful detaining, given the lien in general is a legal real right for security, whether the mortgage, hypothecation and lien of the set up time who were in the top, lien shall be prior to the mortgage right, pledge right to be repaid; conflict above and mortgage, pledge has been elucidated.

5, mortgage and tax legal priority conflict situations

The application shall enjoy priority in mortgaged cars, sometimes encountered mortgage debt/Costs have legal priority situation, will make the mortgage right is blocked, such as tax priority. According to the "PRC tax collection and management law" article45Clearly stipulates: "taxpayer" s tax payers before occurred in its property mortgage, pledge or the taxpayer's property is taken as lien, mortgage, pledge tax should be prior, the lien." According to this provision, if the mortgage vehicle unit in providing mortgage before it was owed taxes, the tax authorities have the right to precede the mortgagee disposition of collateral and the disposal of priority for repayment, even if the mortgagee has the disposal of collateral or a discount in order to exercise the priority, the tax authorities have the right to the collateral value range within the mortgagee recover taxes enterprises should pay taxes. The provisions of the commercial vehicle impact Judah, especially for some rely on the survival of the taxi company, the affiliated vehicles travel company, passenger transport company, set up its act as the mortgagor mortgages even greater risk.

6Mortgage, and the conflict between the right of ownership reservation

In the automobile mortgage business, especially to do not have the "motor vehicle registration certificate" and personal consumption car mortgage business, some dealers in the "sales contracts" in general agreed in the purchase a car people loan ownership reservation sell vehicles outstanding before, so there may be between mortgage and ownership reservation. The situation of conflict.

We think: what is the "motor vehicle registration certificate" services, as long as the mortgagor shall handle the mortgage registration, in the absence of other opposite judicial rule change (Proceedings[⑨]The previous ownership), the retention of title can not be against the registered mortgage right. To do not have the "motor vehicle registration certificate" car mortgage validity if there is no legal registration and ownership effectively retain priority rights, the situation is more complicated. Such as the retention of Title valid, we believe that the mortgage subsidiary copyright ownership based, is no legal basis to realizing the right to mortgage.

In practice, the liquidity does not have the "motor vehicle registration certificate" class car is very strong, according to the general real estate general delivery of possession to identify ownership, such as the automobile mortgage registration form (notarized collateral) is not confrontation goodwill third person, the loans outstanding before the mortgagor once sold mortgage, the mortgagee will be difficult to achieve the right of mortgage.

7The situation, mortgage and lien, attachment, to exercise the right of conflict between judicial

The Supreme People's Court on the "Regulations" stipulates that the thirteenth were frozen "attachment, seizure, freezing the obligee to possession of the secured property, the general should specify the security interests of the people as the custodian; property from the custody of the court, pledge, lien is not eliminated due to transfer of possession." Article40Article: "the people's court who enjoys all the other people of the mortgage, pledge or lien property, seizure, detainment measures can be taken. The price of the property auction, sale, should be in the mortgage, pledge or lien priority repayment, the balance for the liquidation of the person applying for enforcement of creditor's rights." From the above provisions, the person to be enforced is taken as collateral property, the people's court may seal up, distrain, also can auction, sale, but must guarantee the mortgagee's priority. But in practice, some is the public security, procuratorial organs to collateral suspected criminal case of attachment, seizure, freezing. Based on the principles of civil to criminal, to exercise the mortgage right vehicle usually takes over the handling of criminal cases after. Sometimes the end of a criminal case to the number of months or even longer, the risk that the mortgagee must bear the high overdue risk and vehicle serious depreciation.

The fourth part-Automobile consumption loan risk management

One, strengthen management of eligible borrowers

The borrower credit quality, source of income is stable, safety directly related car consumption loans economic strength. Personal auto loan must have: ① with full capacity for civil conduct; a stable occupation and repay the loan principal, interest, good reputation; it can provide effective mortgage or pledge, or have sufficient capacity to compensate for personal or business unit as a guarantor to pay the down payment loans; other conditions prescribed by the lender.

Enterprises and institutions with legal person qualification for automobile consumption loans must meet the following conditions: the ability to repay the loan, has; being in the lender designated bank of not less than the amount specified in paragraph of the first purchase a car; a lender approved guarantee; the other conditions provided by the lender.

Understand the settlement construction tax payments, mortgage, works with auto loan Guarantee Corporation borrowers. In the application stage, must require the borrower to provide proof of tax payment vouchers and the corresponding construction project payment, when necessary, can be directly to the tax authorities to investigate and understand the tax situation of the borrower, and require the borrower to advance payment, then accept mortgage.

Two, strengthen the proportion of borrowing management

To apply for a loan to a pledge form, or insurance companies to provide joint liability guarantee, down payment of not less than to purchase a car20%, the loan does not exceed the highest proportion80%.

The purchase of vehicles or other real estate mortgage loans, down payment shall not be less than the purchase a car30%, the amount of borrowing shall not exceed the purchase a car70%.

Take the third party guarantee loans (excluding insurers), down payment shall not be less than the purchase a car40%, the amount of borrowing does not exceed the purchase a car60%.

Three, strengthen the management on the loan payment

Must guarantee the loan purchase a car special, and by bank transfer processing. The borrower shall not withdraw cash or used for other purposes. During the term of the loan, borrowers and lenders to deal with that person's credit and income and collateral custody supervision situation. The borrower without written consent of the lender, the unauthorized use of collateral to sell, lease, lend, transfer, transform, gift, re mortgage or otherwise dispose of collateral is liquidated. The lender shall have the right to recover the loan principal and interest or disposition of collateral, and the right to recourse to the borrower or guarantor which caused the loss or expense.

Four, strengthen the management of automobile consumption loan guarantee

To mortgage for automobile consumption loans, the borrowers in obtaining loans, must be in accordance with the "PRC security law" article41Article, article42Shall register the mortgaged property. The borrower to purchase the car as collateral, collateral value should be in the car.

The borrower shall according to the requirements of the lender for the purchase of vehicle insurance, the insurance period should not be in the short term loans. Mortgage period, the borrower shall not be interrupted or cancelled for any reason insurance. During the period of insurance, such as occurred outside the insurance coverage is damaged, the borrower shall promptly notify the lender, and provide other guarantees, otherwise, the lender shall have the right to recover the loan ahead of schedule.

Ensure that people lose guarantee, guarantor bankruptcy or guarantor discrete, the borrower shall timely notify the lender, and to provide guarantees, otherwise, the lender shall have the right to recover the loan ahead of schedule.

Five, strengthen the management of the borrower's liability for breach of contract

The borrower is under any of the following circumstances, the lender shall have the right in accordance with the provisions of relevant laws, regulations, the borrower for breach of responsibility: 1. The borrower fails to repay the principal and interest of loans; ② the borrower to provide false documents or information, may have caused the lender or loss; the unused loan according to the contract, for he use; to obtain loans from lending to each other, seek illegal income; without the consent of the lender, the mortgage or pledge property or rights to sell, transfer, relocation, gift or re mortgage, pledge; the Lender Borrower refusing or obstructing the supervision and inspection of the use of loans; and for mortgage, pledge property is insufficient to repay the loan principal and interest, or the guarantor for the contingency cannot repay the loan principal and interest, the borrower is not required to carry out the mortgage, pledge or promise.

At the same time, clear the borrower3Do not repay the loan principal and interest and related costs a month, and the guarantor fails to perform the obligation of the borrower to repay the arrears, the lender shall have the right to terminate the contract, and claim to the borrower, guarantor, or to dispose of collateral. In practice, the signing of the contract on lenders and borrowers, notary organs common to have the jurisdiction to apply for enforceability granted loan contract notarized, clear if the borrower does not fulfill the repayment obligations, and the cumulative3Month failed to deliver on schedule repayment, the lender shall have the right to apply for the certificate issued by the notary public execution, and to the jurisdiction of the people's court for compulsory execution. The cost of enforcement, including notary fees, the implementation costs and other related costs borne by the borrower.

The fifth part-Commercial vehicle risk prevention measures:

One, the borrower of the vehicle mortgage way of credit guarantee, the dealer also must bear the joint responsibility for security to the user, this is the most common way of credit guarantee. Manufacturers of repurchase guarantee. Repurchase is a comparison with market at present production enterprises in order to avoid the risk of the. In Silver Bus Corporation as an example,In order to remove any menace from the "rear" bank, insurance company, the automobile repurchase commitment.

In two, the mortgage or the guarantor.

Three, must have its own team or the close cooperation in logistics company, to manage the loan vehicle operation;

Four, must be installed for loan vehiclesGPSSatellite positioning system;

Five, loans overdue to timely take corresponding preservation measures

Six, double due diligence, double due diligence, issued according to the loan program to ensure that loans are loans, complete information, legal procedures, strict strict implementation of effective registration of mortgage and the purchase of vehicles insurance system.

Seven, strengthen the borrower's repayment ability to review loans in advance, should first of the borrower's family status, the main source of income, the purchase of the car after the expected income, customer credit records, detailed and thorough investigation, in determining if the vehicle due to irresistible factors resulting in the loss of time, the borrower will repay the principal and interest of loans, the real will "the first source of repayment" implemented, can not be expected to reduce the risk of loans through the establishment of an auto mortgage or guarantee mode.

Eight, to strengthen the auto dealers management. Ask to open basic accounts and loans to carry out cooperation of car dealers in the bank, and the loan directly into the account, in order to facilitate the control and supervision of the loan. Pay close attention to management and its legal representative and staff car dealer's moral quality, and strictly prevent moral hazard staff car dealer; according to the car dealer's assets, liabilities, capital strength, the spirit of seek truth from facts, the principle of the maximum loan amount of guarantee the core objective and fair.

Nine, strengthen post loan management, establishment of automobile consumption loans early warning monitoring and analysis system. Loans, pay close attention to the changes and the mortgage borrower's repayment ability of the automobile case. Changes in income of borrowers, mortgage vehicle condition should be controlled at any time. There must be an end to mortgage car missing credit personnel know nothing at all of the. To establish the customer tracking system, can grasp the situation of the borrower and mortgage. In loans, borrowers purchase a car, pay attention to whether the borrower is the final user of the car, if not pay special attention to the possible risks.

Ten,10Million to40Million in high-grade car Shoufu at30%Above, imported cars more than40Million Shoufu to40%Above, the price10Million yuan, the loan amount at5Million yuan of the following principles not loans.

Eleven, commercial vehicle loans, Shoufu ratio30%, the loan period of not more than5Years; and most closely related to personal car loan, still maintain the original "Shoufu20%, the maximum length5Year "principle. The second-hand car loans provided to the most stringent, Shoufu amount must be purchased car prices50%Stresses above the loan risks and management matching principle

    Twelve, guarantee and collateral way. Including mortgage, personal guarantee, the guarantee of the third party loans, secured loans, car dealers, Guarantee Corporation guarantee mortgages, car dealers repurchase guarantee, credit loan etc.. Also allows the guarantee borrowers to mortgage, personal security, repurchase guarantee, loan. In the big city housing mortgages or car mortgage is a feasible way of security; and to provide the insurance factor enough in small city and town housing mortgage and the mortgage alone are not enough new car. Car portfolio of mortgage, is a more appropriate way.

Thirteen, to ensure that the qualification, strength, procedure review is not strict, so that a mere formality, caused the loan risk