Lin Shoushen, Tian Huangshi Xiangshan nine old thin meaning: life Shen decoration style.

Description: this field in Huangshi decoration weight317G, Tian Huang for Jack in the cooked chestnut yellow, color, texture, psychic embellish, as the top grade in large Tian huang. Author leaving the skin, according to their lattices as Xiangshan nine old map. Xiangshan nine always refers to the Tang Dynasty poet Bai Juyi and Hu Gao, Ji min, Liu Zhen, Lu Zhen, Zhang Hun, Zheng according and Li Yuanshuang, Zen monks such as full nine elders had east hill in Henan Luoyang of Longmen mountain. The nine old man, retreat retreat, away from the secular, immersed in landscape, in the light. Bai Juyi "two" vast "Xiangshan temple Buddhism hush an idle, with the bird with the cloud reciprocating also. The home brew a full bottle book full frame, semi colonization in xiangshan."

Author introduction: Lin Shoushen (1920~1986), the word Shen Bao, Fuzhou Gushan district after the island village, China Artists Association of Fujian Province branch member, member of Arts and crafts of Fujian province. The son of Lin Youqing, is a modern Shoushan stone carving east school representatives.

The transaction price(RMB):10350000(including commission)

Shanghai Municipal Lawyers Association guidelines for legal business enterprise loan(Under the)

2004.

The main contents of the fourth chapter of the loan contract

  The loan contract generally have the following important terms:

1The purpose of the loan

The borrower shall use the loan in accordance with the agreed purpose, can not be used for illegal purposes. The purpose of the loan loan contract shall not violate the state's business, franchise and legal, administrative regulations prohibit operation.

Clearly this item, the borrowers, can protect their own rights to the use of funds; lenders, can monitor the flow of funds, ensure that the funds withdrawn from circulation, risk control.

The reason to limit loan purpose is: first, if the borrower loan will be used for illegal purposes, if the violation of state laws, administrative regulations prohibiting norms, will lead to the loan contract invalid. Even if the lenders in the loan when using this illegal purpose is not informed, if the lender is aware of the illegal purpose, must stop borrowers continue drawing. Secondly, the loan limit is used to ensure repayment sources. If the loan is not according to the protocol uses to be used, the borrower may due to mismanagement led to the loss of repayment ability. Moreover, loans for internal management policy on loans to industries or sectors have restrictions, government regulations, decrees and sometimes also have similar provisions. Finally, use the loan limit may also because involves the interests of third parties, such as export credit loan project, used only for the specific payment object.

"General loans" also stipulates the following on the loan limit:

(1) the borrower shall not engage in loans and equity investments, except as otherwise provided by the state;

(2) the borrower shall not engage in speculation in securities, futures and so on loans;

(3Except for the acquisition of real estate) qualification according to law shall not use the loan to the borrower, the real estate business; obtain qualified real estate business according to law shall not use the loan to the borrower, engaged in real estate speculation;

(4The borrower shall not obtain loans) to lend to seek illegal income.

2The loan currency, amount

The loan currency, amount, is the number of terms in the loan contract, money and the number of lenders to borrowers. This is the main basis for the calculation of interest on loans.

Foreign currency loans in the loan price are more complex legal problems, a lawyer should be familiar with, but do not belong to the scope of the guidelines.

3The types of loans

According to different lenders can be divided into self loans, entrusted loans and specific loan.

(1) - loan refers to resort to legal means to raise funds own loans, the risk from the lender, and the lender to recover the principal and interest.

(2Entrusted loan refers to the lender) according to the client to determine the loan object, purpose, amount, term, interest rates to extend, supervision and assistance loan. The lender (the trustee) only collect fees, do not bear the risk loans.

(3Specific loans) that is approved by the State Council and the loan losses and take remedial measures enjoined the solely state-owned commercial bank loans. State owned banks and commercial bank, Agricultural Bank of China, Chinese Chinese bank, Construction Bank of China.

According to the different return period can be divided into short-term loan, medium and long-term loan.

(1Short term loans loan period)1Years (including1Years) loans. Short term loans are flexible, short duration, strong liquidity, turnover is rapid, requires a large amount of. From the practices of financial institutions, mainly in6Month period,1Year period. Short term loans are one of the main businesses of financial institutions.

(2The medium-term loan refers to the loan period)1Years or more (excluding1Years)5Years of the following (including5Years) loans.

(3Long term loans loan period)5Years (excluding5Year above loan).

According to the security of loans into credit loans, secured loans and bills discounted.

(1The so-called credit loans) refers to the borrower to his credit as basis, do not have to provide collateral can borrow from the bank.

(2) loan guarantee refers to the guarantee contract as a loan contract from the contract, including loan guarantees, mortgage, pledge loans. To guarantee the loan refers to "guarantee law" provisions of the guarantee way to third people in the borrower cannot repay the loan commitment, agreed to assume the general guarantee liability or joint liability and loans. Mortgage refers to the "security law" provisions of the mortgage to the borrower or the third party property mortgage loans. Mortgage refers to "guarantee law" provisions of the pledge to the borrower or the third party's immovable property or rights as a pledge loans.

(3Bill discounting) grant to purchase borrowers lender is not due to commercial paper of loans.

Classification of these loans are crossed with each other, generally in the loan contract types of loans will also relates to the above types. In the loan practice, intuitive machinery division type of loan no substantive significance, mainly through the difference specification loan behavior correctly.

4The term of the loan

According to the money supply capacity of the production and operation cycle, cash flow, repayment ability and the lender by both lenders and borrowers to discuss determined, and stipulated in the loan contract.

Self - the longest period of the loan shall generally not exceed10Over the years10Years shall be reported to Chinese banking regulatory authorities for the record. Discount discount period shall not exceed6Months, the discount period is from the discount to the date of maturity date.

The borrower fails to repay the loan, it should be before the loan maturity, apply to the lender for the loan. Whether the extension decision by the lender. Apply for loan guarantees, mortgage, pledge loan, it should be by the guarantor, collateral, written proof of a matter by consent. Have agreed, in accordance with the provisions.

Short term loan time limit shall not exceed a total of the original loan period; medium-term loan extension period shall not exceed half the total duration of the loan; the extension period shall not exceed a total of long-term loans3Years. Except otherwise stipulated by the state.

The borrower fails to apply for extension or the application for extension is not approved, the loan from the due date of the next day, into the overdue loan account.

5The loan interest rate

The lender shall be in accordance with the prescribed limits Chinese banking supervision authorities of the benchmark interest rate loans allow floating, determine the loan interest rate, and stipulated in the loan contract.

Short term loans (period1The following year, containing1Years), according to the loan contract with the corresponding grade of the statutory lending rates. Loan contract period, in the interest rate adjustments are not above. Short term loans quarterly bear interest, the last month of each quarter20Day JieXi day; monthly settlement, monthly20On settlement day. The specific settlement methods determined by both parties of the loan negotiation. On't loan period pay interest on the loan contract interest rate quarterly or monthly collection of compound interest, overdue loans impose a punitive interest rates after the change in the recovery of profits.

Long term loans (period1Years or above) interest rate also can execute a year. Loans (including loans as of the effective date of the contract1All the money should be allocated according to the loan contract pen) to determine the period, according to the date of entry into force of the loan contract the corresponding grade legal loan interest rate, each full1Years later (sub pens allocated to the first loan payment date to date), and then the corresponding grade legal loan interest rates next year to determine the interest rate. Long term loans quarterly bear interest, the last month of each quarter20On settlement day. On't loan period pay interest on the contract interest rate on a quarterly or compound interest, overdue loans impose a punitive interest rates after the change in the recovery of profits.

Discount discount discount rate to determine by one-time charge interest discount.

Trust loan interest rates by the two sides in no more than the same period in the same grade legal loan interest rates (floating) range determined in consultation; leasing loan rates at the same grade of the statutory lending rates (floating) execution.

The extension of the loan period, the accumulative calculation, the cumulative period reached a new term grades, since the renewal date, according to rollover date listing of the same grade rate of interest; not up to the new period of the grade, according to the rollover date the original level interest rate.

Calculation of interest on the loan is usually"Is not the tail head"That day, cash profit, excluding interest payment date. Annual number of days for a fixed base360This day, the annual interest rate to calculate daily interest rate. The actual number of days for days to live.

Loan repayment, with the benefit of clear.

6The guarantee clause

For secured loans, loan contract may set the terms of security, also signed a guarantee contract.

A security contract shall be a loan contract from the contract. To fail to prevent security, both sides can be agreed in the loan contract or guarantee in the contract, if the principal contract is confirmed invalid, the contract is still valid.

7Withdrawals

(1) loan contract shall, a prerequisite for the borrower withdrawals should have.

The loan contract is not always perform drawing upon signature, some must wait until certain conditions stipulated in this contract have to perform drawing, even on loan after execution, often require after each drawing must satisfy the conditions for further. A prerequisite for these conditions is withdraw. Prerequisite for different situations and different, generally can be divided into two categories: one category is the prerequisite to loan contract obligations; the other is the prerequisite to every loan.

Setting involving loans under the contract and all obligations of the prerequisite of objective, is to enable the lender in receipt of satisfactory written evidence and the relevant documents, confirmed that all legal matters related to the loan contract has worked, and he required security has been implemented before, to temporarily stop the bear gave loans obligations. This is very important for the protection of the interests of lenders. These preconditions are usually may include:

1Provide the company business license, organize files, such as the articles of association of the company;

②The borrower to provide all the documents necessary borrowing, including the general meeting of shareholders or the resolutions of the board of directors, the power of attorney;

③According to the agreement by the borrower in the business place lenders to open an account;

④To provide legal opinion;

5Provides information about the project agreement;

⑥Proper security procedures, contract supervision procedures; lenders underwriting confirmed by guarantee contract is the guarantee that the true meaning;

⑦Submit the notice of withdrawal, the withdrawal of authorization;

⑧Representations and warranties of the borrower in the loan contract signed, in its loans, still maintained correctly, without any material adverse change;

⑨The borrower does not have any event of default, or may constitute a breach of the other events.

A prerequisite for the agreed in the contract drawings, not established in terms of the contract, but the contract has been established under the premise of the borrower should possess in the drawing condition. As long as the borrower has agreed terms, lenders are lending obligations.

(2) loan contract often set specific deadlines can be extracted from the loan borrowers, and the provisions of the borrower shall notify the lender several days before the withdrawal. The loan contract does not generally require borrowers to take loans obligations, but only option for borrowers with loans in need of money, but if the borrower will not extract the loan, the lender will usually require the borrower to pay a lender loan commitment fees, to compensate the lender for the loan commitment of funds set aside losses.

(3) if the lender does not comply with the provisions of the loan contract loan to the borrower, the borrower can claim damages, but generally not the actual performance. The calculation principle of damages for breach of contract is, naturally induced loss reasonably foreseeable at the time of contracting.

8. the repayment of the loan contract to repay the loan to the borrower deadlines and generally have specific provision. The borrower shall, in accordance with the loan contract shall repay the principal and interest of loans in full and on time. The lender due in short-term loans1A week before, medium and long-term loan maturity1Months ago, shall send notice to the borrower to repay the principal and interest; the borrower shall timely funding, repay the principal and interest on time.

9Early repayment

The loan contract for the general clause has some limitations, the detailed provisions, mainly because the lender in order to ensure that the investment can be expected. The content mainly from the following several aspects to be specified:

(1) voluntary prepayment, generally applicable to consultation by both parties agreed in advance repayment, according to the lender may require the borrower to pay a certain percentage of the cost;

(2Mandatory prepayment), generally applicable to implement because borrowers default or expected default sanctions;

(3Voluntary cancellation of credit);

(4The specific causes of early repayment) and cancel quota, such as tax, market disorder and increased cost.

10Representations and warranties

The borrower of the facts relevant to the loan, including its legal status, financial status, business activities are lenders assessment basis loan transaction safety and profitability. For the above any untrue, inaccurate or incomplete description, whether intentional or negligent, will enable the bank to draw the wrong conclusion, make the loan in violation of the true meaning of the decision. Therefore, the loan contract will usually give the strict provisions of the representations and warranties obligations, which require the borrower to signing their legal status, and transaction authorization, government approval, legal status, property status, financial status, business management, project contract, breach of many aspects such as making representations and warranties. And the statement and guarantee not only made in the loan contract signed, often repeated requests to make in the drawdown date. For breach of representations and warranties shall be regarded as default event, the bank will then announce in advance loan maturity, and enforce the relevant guarantee.

A lawyer should be understood in the evaluation index system of the enterprise economic evaluation, and in terms of the contract made for borrowers with Chinese promulgated specific financial goals and the standard measure of financial covenants.

Representations and warranties of any uncertain terms, will cause the dispute between the two sides. In the contract process, the two sides and the lawyers on both sides will try to issues related to the representation in terms of writing. In general, eventually determine the terms of borrowing, depends on the relationship between supply and demand tension and negotiate the negotiations. This point, also applies to the other provisions of the contract and representation.

11Breach of contract

The loan contract breach of contract can be divided into two categories: one is in violation of the loan contract itself agreement, such as the maturity is not servicing, does not perform the obligations agreed upon or the representations and warranties of facts is not correct; the other is the so-called anticipatory breach of contract, namely from a symptom appears, the borrower has lost the ability to perform the loan contract the obligations under.

Anticipatory breach of contract mainly include:

(1Cross default). The formation of credit risk is a from the bud, accumulate until the occurrence of gradual process. Before the expiry of the repayment period, the borrower's financial business in a material adverse change is likely to affect its performance capabilities, the lender can agreed through general default provisions, set guarantees and other means to ensure timely repayment of debt, but also in the contract aboutSet"Cross default clause". The basic meaning of cross default is: if the debtor under this contract in other loan contract default, is also seen as a breach of this contract.

In general, the creditors are the parties fails to fulfill its grounds obligations under this agreement, shall be investigated for the debtor's liability for breach of contract, but the cross default clause breaking the restrictions, it is"First, after the start"Taste, is trying to catch the other loans under the contract debt repayment crisis before taking remedy measures, in order to avoid yourself in a worse situation than other creditors. The default configuration is not in our current law, but it does not breach of contract law of the relevant law and the spirit of the law, the "contract law" of the unsafe right of defense can be used as the legal basis for its application. Therefore, cross default clause can be used as stipulated in clause into the contract, so that the Lender Credit level can timely and comprehensive control of the borrower.

(2) the borrower insolvency. Where the borrower after judicial bankruptcy or no repayment ability, or express has become insolvent, or to the creditor transfer of property or the transfer of property advice, that is regarded as the default event. This is a warning in the event of default, because when the borrower insolvency, if cannot get rid of the dilemma, it will inevitably violate the loan contract.

(3) the material adverse change other borrowers conditions. Because the default clause is used to cope with the unexpected situation, since the lender angle prior unpredictable, will not be exhausted, therefore, from the lender ways, you'll need a general protection clause, to protect their interests. The general provisions in the contract terms, whether because of what reasons, do not ask is voluntary or involuntary, or is due to a court order or legal provisions, regulations, should be regarded as breach of contract. The purpose of this provision is to prevent the borrower should default occur due to irresistible factors, to release the default responsibility. In view of the above reasons, the lender shall, in the loan contract for the contract, the borrower under any of the following circumstances, the lender shall have the right to unilaterally decide to suspend the payment of unused loan borrowers, and recover part or all of the principal and interest of the loan in advance:

1Providing false materials or concealing important facts of business finance;

②Without changing the original purpose of the loans to borrowers, loans or loans to engage in illegal, illegal transactions;

③Use the false contract and parties related to the bill, without actual trade background, receivable accounts receivable creditor's right to the bank discount or pledge, the lender funds or credit cards;

④Refusing to accept the lenders use the supervision and inspection on its loans and business financial activities;

5Major mergers, acquisitions and reorganization, the lender that may affect the safety of the loans;

⑥Through the related party transactions, deliberately dodging the lender claims.

12Agreement jurisdiction

Both sides agreed, in accordance with the "contract law", for this contract lawsuit stipulated under the jurisdiction of the court.

13The entry into force of the conditions of contract

In the loan contract, the contract can be agreed upon entry into force conditions. For example, security documents guarantee contract, mortgage registration management, material delivery, certificate issued.

14For some terms in the contract, shall be defined in annex in both sides acknowledged.

The fifth chapter of the loan contract performance

(a) drawing

The borrower to the lender for drawing according to the loan contract, the lender shall reasonably prompt review of lawyers:

 1The loan contract is in force. The loan contract in force if conditions have achievement; signed by the legal representative person whether borrowers. If not signed by the legal representative, the legal representative shall be submitted to the authorization of the loan contract; the official stamp is true.

2. if the loan is to review the borrower credit lines, drawing the authenticity of application: cash basis is clear (Contract No. Zai Ming credit contract); withdrawal amount, interest rate, term is clear; the withdrawal request has not been the lender has the right to approval for examination.

3The project is complete. The borrower fill IOU (category of loans, currency, loan amount, loan purpose, loan period, interest rate).

4Whether borrowers have withdrawals. The contract prerequisite.

(two) the repayment

1In the loan contract, the Borrower Lender as authorized in the not timely repayment premise from any account opened with the lender the initiative in the deduction of the contract in accordance with the contract, should prompt the lender to exercise directly from the borrower account deduction should also principal rights.

2For the early repayment of the borrower, the contract terms should be treated.

3The lawyers should be prompted to borrowers. In accordance with the amount of loan contract, to pay the interest on the loan and repayment of the loan principal, and legal consequences of breach of contract, the borrower will have to bear the.

        Additional, the sixth chapter loan contract

According to the changing conditions, debit and credit, both sides can negotiate for the loan contract to be added, change. Lawyers should prompt clients in the loan contract before the change obtain written consent of people; in the loan contract for add, change at the same time, for from the contract to add or change the corresponding; at the same time pay attention to fulfillment contract supplemental, after the change of contract.

The seventh chapter of the loan contract extension, back to credit, borrow new also old

  (a) the loan contract renewal

The borrower fails to repay the loan, may apply to the lender for extension before the loan maturity. The extension period shall be handled in accordance with the "loan general" provisions.

For extension, attention should be paid to the main contract from the contract and perfect cohesion, improve and insurance formalities.

(two) loans borrow new also old

1Usually financial institutions to satisfy the following conditions, can apply for loans to borrow new also old:

(1) the normal production activities, to pay the interest on time;

(2) loan guarantee effective or for new security procedures;

(3) belongs to the revolving loan.

2. in order to save credit assets, to meet one of the following conditions, can also apply to borrow new also old:

(1) the original loan contract or the contract legal flaws, credit assets face reality or potential risks, need to pass through the old to make corrections;

(2) pass through the old to make credit loans into secured loans, or improve security strength;

(3) by borrow new also old can recover part of the loan principal and interest, and to ensure that the new loan interest can be paid on time;

(4Due to enterprise restructuring, reorganization) and proper segmentation of original enterprise debt, need to borrow new also old, reorganization of debts.

3The following transact borrow new also old problems need attention to the client, lawyers should be reasonably prompt:

(1) in the new loan contracts for the use of the loan should be clearly expressed, for return owed loans loan contract;

(2The implementation of the security procedures);

(3) for the original loan contract clearly agreed in the interest, the borrower's liability and the guarantor's guarantee responsibility;

(4For each) from the contract and notarized, insurance and other relevant formalities, should be properly connected and perfect.

At present, some banks will borrow new also old into the back to credit business management.

(three) loan loan to recover

Back to lend and borrow new also old distinction, is back to credit is by the borrower to raise their own funds owing on the loan, the financial institutions in accordance with the provisions of the terms and provisions program loans, according to the new loan management, monitoring and evaluation.

        The eighth chapter after loan risk management

Risk management of commercial banks and other financial institutions after the loan is loan management back to the loan principal and interest from loans, including loans after the inspection monitoring, loan risk early warning, the management of non-performing loans, loan interest management, post loan management responsibility system etc.. Have a lot of work to do in this aspect of the lawyer business.

(a) the credit assets quality classification

Credit management is the precondition of the credit assets quality classification.

1. commercial banks and other financial institutions for credit asset quality at present adopts five grade classification.

The five grade classification, according to the degree of risk that the credit property is divided into five different grades. Its significance lies in the fact that the real value and risk of loans, real, comprehensive, dynamically reflect the quality of loans, timely find loans after all the problems, but also provide the basis for the extraction of reserve for bad debts.

The detailed division of five class classification as follows:

1Normal. Borrowers are able to perform the contract, there is no sufficient reason to doubt the loan principal and interest and other liabilities (including contingent liabilities, the same below) can not be repaid in full and on time.

②Pay attention to. Although the debtor at present has the ability to repay the loan principal and interest and other debt, but there are some factors that may have an adverse effect on the repayment of a debt.

③Secondary. The debtor's solvency apparent problems, completely rely on their normal business income cannot repay the loan in full and other debt, even if the collateral property, may also cause some loss of.

④Suspicious. The debtor is unable to repay the loan in full and other debt, even if the collateral property, great losses will still be caused.

5Loss. After taking all possible measures and all the necessary legal procedures, the principal and interest of loans and other debt cannot be recovered, or only a small portion can be recovered.

The last three items for bad credit assets.

2．"One day more than two"Classification

This is a classification method of commercial banks according to the "general loans" provisions have been applied, is the loan classification due to the deterioration of asset quality of loans and has consequences, applicable to the state-owned banks.

1Overdue loans, loan contract refers to the agreed time limit expires outstanding loans.

②Dead loan, the overdue for more than90The day has not yet returned to the loan, or is not overdue or overdue more than90Days, but the borrower is terminated according to law, legal person, or the production and business operation has terminated, project construction loans, or not to stop construction, but the product without the market, company loss is severe, but insolvent loan.

③Bad loans, bad loans have been confirmed not recover the loan, according to the relevant provisions of the Ministry of finance refers to as bad loans.

(two) for the supervision, inspection, monitoring after the loan

1In the loan contract signed at the same time, the lender will often make the supervision contract with the borrower, the Borrower Lender in a business office to open accounts, by the business office for borrowers borrow funds or the borrower repayment commitment for revenue, to counter the supervision, to prevent improper loss of funds, ensure the fulfillment of the loan contract.

2In loans, lenders have the right according to the contract, regularly or irregularly on the borrower, guarantor loan purposes, the production and business operation, project progress, enterprise management, financial, repayment capacity and funding sources to implement, guarantee the implementation status check.

3Through the examination of loan assets., quality monitoring, adjust the grading of loan assets risk changes, timely warning.

(three) loans risk early warning

Early warning mechanism of credit risk refers to the early warning signals through the findings for credit check after the loan risk, using the method of qualitative analysis and quantitative analysis of the early recognition of risk category, degree, cause and development trend, and in accordance with the provisions of the authority and procedures, to take on the problem loans for treatment, prevention, control and dissolve the risk of the loan and.

Loans risk early warning signals, including financial, operational efficiency, internal accounting, security situation, non financial factors, related party transactions, credit and debt treatment, litigation and arbitration, the relationship with financial institutions. All financial institutions will have detailed provisions in this regard, and the borrower's balance index, profitability index, liquidity index, the principal and interest of the loan repayment and the credit status of key managers, set up the warning line of credit risk. A lawyer should have a full understanding of. Financial institutions when necessary will require the borrower to submit the relevant opinion recognized by its law firms and other intermediary agencies, lawyers accept the Commission shall issue legal opinion book.

(four) preservation of creditor loans

A lawyer should to the client reasonable tips, when the borrower asset restructuring and other changes system, although the loan asset quality is not necessarily belong to the bad loans, but loans in order to safeguard the security of credit assets, shall have the right according to the "loan general", for the borrower to adopt measures for the preservation of creditor's rights.

(1) when the borrower to joint-stock transformation, when combined, the lender shall have the right to participate in the process of merger or joint-stock transformation of the borrower's debt restructuring, and shall require the borrower to implement the loan servicing matters or to provide a corresponding guarantee, or require the merger, merger merger by new establishment of the new company, after the joint-stock transformation Limited by Share Ltd - signed loan contracts, clear the original loan debt liability. On the reconstruction of joint-stock borrowers, should make clear its arrears of debt by the modified company and assume full responsibility; on the reform of joint-stock borrowers, shall require the transformation of the stock company to assume the original loan to capital or assets occupy the proportion of mortgage debt.

(2When the borrower) contract, lease, the lender shall require the borrower, clear the original mortgage debt in the contract, the lease contract of the liability to pay the.

(3) corporate new Borrowers Lenders pool consists of capital or assets, should be occupied the basis requirements will be the proportion of loans to corporate new.

(4The lender to) with foreign joint venture (cooperation) of the borrower, shall be required to continue to bear the joint (cooperative) before the loans to the responsibility, and the return of the loan proceeds. The borrower has as mortgage, pledge of property and foreign joint venture (cooperation) must seek the consent of the lender.

(5The lender to borrower) division, should be required to provide corresponding guarantees before the division of debt or debt. The borrower does not repay the loan debt or fails to provide a corresponding guarantee, the lender shall require the enterprises after division, according to the separation of capital or assets or agreement, to bear the liability owed by the borrower loan. After negotiation, the creditor may request the divided enterprise to bear joint and several liability for the original obligor. To set up a subsidiary company shall require the borrower, subsidiary to the capital or assets and repay the parent company bear the corresponding loan debt.

(6The Lender Borrower) for property transfer or application for dissolution, shall require the transfer of property rights or the dissolution of the former must implement loan debts.

(five) to deal with non-performing loans

Loan risk early warning signal or the borrower has breached the contract, the lender may measures to deal with bad loans from the following aspects to take. A lawyer can be the principal requirements for legal issues, handling the entrusted person made a prompt reply, and provide legal support, can also be commissioned for direct participation in the process of legal affairs.

1Recovery of principal and interest for loans.

(1) before the loan is due for a certain time, lenders made loans due notice to the borrower, the borrower to repay the loan principal and interest that raise funds.

(2) the expiration of the loan borrowers default or breach of contract, the lender may in accordance with the agreement announced to stop issuing loans, loans early maturity, require the borrower repayment of principal and interest for loans.

(3) the borrower does not return the loan on schedule, the lender may contract directly from the borrower or Guarantor on account is closed.

(4) on overdue, idle loans, lawyers should be prompted to the lender in the period of limitation of action in regular or to keep borrowers issued notice of payment within the time limit, the joint responsibility to ensure that the documents were issued requirements undertake suretyship liability, written in the period of limitation of action within many different types of guarantees issued for contract guarantee responsibility. All legal documents to the other party shall be delivered by the borrower, written receipt of documents as evidence, or take to prove service behavior and service mode. Lawyers can provide a feasible, effective advice to the client.

(5If the financial institution) has lost the lawsuit limitation in operation, or have more than the guarantee period, can use various ways to make the legal documents in the lender notice of payment, the repayment of debts on the signature, or to reach the repayment agreement, to rebuild the new relationship, debt guarantees.

(6) through to the state-owned enterprises, investors holding people informed of the enterprise arrears malicious behavior, to the CSRC notification listing Corporation malicious arrears, arrears in the media to disclose significant malicious, the use of trade sanctions sanctions owed enterprise legal means, urge the borrower payment.

2The debt reorganization.

When the debtor due to the impact of various internal and external factors, it is difficult to fulfill the debt, the creditor to safeguard the fundamental interests of their own, to fully perform the debt by the debtor to promote, and about third person bargaining, make some concession to the debtor, the creditor's rights under, the debt undertaker, perform the amount, method of performance, conditions of performance, the term, interest rate, guarantee, the guarantor to the new agreement, signed a new contract, agreement. This is called a debt restructuring.

In debt restructuring, sometimes to the survival and recovery of the repayment ability of the borrower, the lender provides a new financing to borrowers, as part of the debt restructuring scheme. The refinancing of the contract is an independent loan contract. Of course, the refinancing guarantee contract must be set, and often will set strict supervision and control of funds, a variety of regulatory agreements, to ensure that new loans for the agreed purpose, to restore the borrower's repayment ability, and to ensure the recovery of funds used to repay the loan.

When a plurality of creditors in the face of a debtor, debt restructuring need to consult among creditors, with fair and reasonable to determine the repayment ratio or sequence.

3Application procedure. Supervise procedures applicable to the creditor and the debtor no other debt disputes, payment payment properties that can be served on the debtor's case. The loan contract disputes recourse loans generally applicable procedure. Where the obligor raises a written objection to the people's court, the people's court shall terminate the procedure, shall automatically cease to be in force, the lender as a creditor may file a lawsuit.

4Litigation or arbitration.

When necessary, the lender may bring a lawsuit to the people's court, or apply for arbitration according to the arbitration clause in the contract or otherwise conclude an arbitration agreement, recourse to the debtor debt.

The lender in the litigation or arbitration according to the needs, you can apply for property preservation. In case of emergency, do not immediately apply for preservation of property will make the legitimate rights and interests of lenders irreparable harm to adopt property preservation measures, may apply to a people's court. A petition for property preservation before litigation, the applicant shall provide guaranty. The applicant shall be charged within fifteen days after the people's court to take preservation measures.

5The application execution

Civil judgment, the people's court rulings, civil mediation and Arbitration Commission ruling after the entry into force, the debtor does not fulfill the lender shall, within the prescribed time limit after the people's court for enforcement. For by the notary public notarized debt instrument and give the enforceability, lenders shall timely apply for execution.

For the debtors have other case is requested, the lender may in accordance with the provisions of the obligor as the defendant to apply for participation in the implementation of the prosecution.

6. filed for bankruptcy or participate in the liquidation procedure

The borrower meets the conditions of bankruptcy, the lender may apply for bankruptcy of the borrower.

When borrowers into bankruptcy, the lender shall, in accordance with the relevant laws to attend the creditors' meeting, exercise the creditor's rights and debt, that participate in the bankruptcy property disposal. The bankrupt borrowers have set the property security of loans, lawyers should prompt clients collateral does not belong to the bankrupt property, the lender shall enjoy priority in order to guarantee the right; no matter guarantee loans according to legal procedures and the proportion of compensation.

7In the lawsuit and arbitration, executive program, are likely to reach a mediation inside the case, the case outside the settlement agreement, the execution of the agreement, the debt restructuring.

8To guarantee people. A litigation, arbitration, execution, procedure of bankruptcy law, has its particularity, should refer to the relevant business operation guidelines.

        The tenth chapter of  Then

 Guidance is the Shanghai City Bar Association, its purpose is to provide business loans business to lawyers reference, experience, not mandatory or regulatory provisions, for reference in the practical business lawyer.

From:

Http://blog.163.com/hxj0168@126/blog/static/3822322720085116458813/