The first section "general loans" overview

"General loans" management scope: Chinese funded financial institutions within the territory of China loans business.

The lender in the "general loans" refers to the legally established within the territory of China Chinese banks, Trust Investment Company, enterprise group finance companies, Finance Leasing Company, urban and rural credit cooperatives and the loans of financial institutions.

　　The second section of our financial institutions loan types and interest rate management

1 types of loans

(1) according to the duration of the loan classification, can be divided into: short-term loans, medium-term loans and long-term loans.

Short term loan refers to the loan period within 1 years (including 1 years) of the medium-term loan refers to the loan; loan period in 1 to 5 years of the loan. The long-term loan refers to the loan period in 5 years (including 5 years) above loan.

(2) according to the classification of loans are unsecured:

Credit loan, a bank or other financial institutions based on the borrower's credit and loans. Such loans without collateral, the risk borne by the bank or financial institution.

Secured loans, including three kinds of forms: guaranteed loan, mortgage, pledge loans.

Loan guarantees: according to "guarantee law" provisions of the guarantee way, with third commitment in the borrower cannot repay the loan, to assume the general guarantee liability or joint liability is the premise and loans guaranteed by the Convention

Mortgage: refers to "guarantee law" provisions of the mortgage, the borrower or the third party's property as collateral loans

Pledge loan: refers to "pledge Guarantee Law" provisions, to the borrower or the third party property as a pledge loans

(3) the bill discount based lending.

(4) in accordance with the loan risk classification: subject to self and entrusted loans.

(5) other approved loan types (short-term loans, credit card loans, credit card loans, discount aid loans)

2 commercial bank loans

Self - loan period of not more than 10 years, more than 10 years shall be reported to the people's Bank Chinese record; discount discount it should not be longer than 6 months, the discount period is calculated from the date of bill discount to expiration date.

3 loan: Loan cannot be repaid on time, to apply for the loan application.

Rollover limits are:

(1) the short-term loan time limit shall not exceed a total of the original loan period;

(2) medium-term loan extension period shall not exceed a total of the original loan period half;

(3) long-term loan extension period shall not exceed a total of 3 years, except as otherwise stipulated by law.

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

4 of the loan interest rate and information management:

(1) the lender shall be in accordance with the provisions of the people's Bank of Chinese upper limit and lower limit of loan interest rates, loan interest rate is determined, and marked in the loan contract agreed between both parties in the excuse, is stated in the contract rate of interest rate of interest

(2) provided for extension of loan interest rates implied by signing a contract extension, China people's execution. Loan period and the period to reach a new term grades, from the renewal date, loan interest rates by new period grade interest received.

(3) according to the provisions of the overdue loans impose a punitive interest. Since January 1, 2004, overdue loans impose a punitive interest rate on the basis of the existing contract interest rate plus hand 50%-100%. and can't pay the interest according to the penalty rate of recovery of profits

(4) the lender and the borrower shall be calculated in accordance with the relevant interest or pay interest and the people's Bank of China excuse contract provisions

(5) loans shall adhere to the principle of who determine who discount

(6) in addition to the State Council, any unit, a person has the right to determine the end, cut, break and free: the lender shall according to the decision of the State Council, in accordance with the limits of authority and responsibility for specific cease, cut, slow breath and interest free.

　　The third section loan contract

1 the borrower qualifications: enterprise legal persons, with the approval of the administrative department for Industry and commerce registration of other economic organizations, individual industrial and commercial households or with the nationality of China has full capacity of natural persons. No foreigners (including foreign governments, foreign enterprises, foreign natural person)

2 the borrower Rights: (1) can be independent to the sponsoring bank or other agencies to apply for loans and conditions for the loan; (2) has the right to contract extraction and use of all loans; (3) have the right to refuse the conditions attached to loans out of contract; (4) have the right to report to the lender superior and China reaction, the people's Bank of the situation. (5) after sign the consent of the lender, has the right to transfer to the third debt.

3 the borrower's obligation: (1) provide the lender requires data; (2) accept the lender on the use of credit funds and relevant production management, supervision of financial activities; (3) use the loan in accordance with the use of the loan contract; (4) shall, in accordance with the provisions of the loan contract to the timely liquidation of loans (principal and interest; 5) will all or part of the debt to transfer to the third person, shall obtain the consent of the lender; (6) that may endanger the safety when the creditor's rights, it shall timely notify the lender, and the preservation measures.

Restrictions on borrowers 4

(1) shall not be a lender with a area of two or more than two of the branch loan.

(2) shall not provide false or conceal important facts of the balance sheet, income statement to the lender.

(3) shall not engage in loans and equity investments, except as otherwise provided by the state.

(4) shall not engage in speculation in securities, futures and so on loans.

(5) in addition to obtain qualified real estate business according to law shall not use the loan to the borrower, the real estate business in accordance with the law; has qualified real estate business borrowers, not engage in loans and real estate speculation.

(6) may obtain loans for the loan to seek illegal income.

(7) do not use foreign currency loans in violation of the provisions of the State Administration of foreign exchange.

(8) shall take the means of cheating loan.

5 "general loans" lender in

Lenders must be approved by the people's Bank of China business loan business, the people's Bank of China issued a "financial institution legal person license" or "business license" of financial institutions, and by the administrative department for Industry and Commerce approved financial institutions registered.

At present our country executes loan business licensing system.

6 lender rights

(1) require the borrower to provide relevant information and loan;

(2) according to the borrower's condition. Decided to loan, loan amount, loan with no time limit and interest etc.;

(3) understand the borrower's production and business activities and financial activities;

(4) in accordance with the contract from the borrower account designated receiving the loan principal and interest;

(5) the borrower fails to perform the obligations as stipulated in the loan contract, the lender shall have the right to require the borrower to return the loan in advance or contract agreed to stop paying borrowers not use loan;

(6) will be or have been influenced by losses on loans, according to the provisions of the contract, to take measures to avoid loan losses.

According to the conditions of the loan and loan program independent review and decision of loans, in addition to the specific loans approved by the State Council, have the right to refuse any units and individuals to provide forced loans or guarantees.

7 the lender's obligations

(1) shall publicize the type, duration and interest rate business loans, and provide advice to borrowers.

(2) credit and lending conditions shall be open to the public loan review.

(3) the lender shall consider a borrower's application, and promptly reply - and no loans, short-term loans reply time not exceeding 1 months, medium - and long-term loans, reply time shall not exceed six months except otherwise stipulated by the state.

(4) should the borrower debt, finance, production and management, security, but according to the law of query except.

8 "general loans" restrictions on borrowers

Lending must strictly implement the "the people's Republic of China Commercial Bank Law" article thirty-ninth of the management of assets liabilities ratio relevant provisions of the provisions of article fortieth of the conditions, not to grant any credit, to relation people secured loans may not be better than other similar borrowers loan conditions.

The borrower under one of the following circumstances, may not grant loans to its:

(a) do not have the provisions of rules fourth chapter seventeenth of the qualifications and conditions;

(two) banned the production, operation or the country of investment products, project;

(three) in violation of the provisions of the State Administration of foreign exchange;

(four) the construction project 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;

(five) the production and business operation or investment projects without permission of the environmental protection department;

(six) in the implementation of contracting, leasing, joint venture, cooperation, merger (merger), separation, transfer, property stocks system reform and system changes process, outstanding original loan debt, the implementation of the original loan debts or to provide a corresponding guarantee;

(seven) there are other serious illegal behavior.

　　The fourth day loan procedures and supervision

Classification of non-performing loans:

The non-performing loan refers to the bad loans, doubtful loans, overdue loans.

The bad loans, according to the relevant provisions of the Ministry of finance refers to as bad loans.

Idle loans, means in accordance with the relevant provisions of the Ministry of finance, the overdue (including the extension after expiration) in excess of the prescribed period above has not yet returned to the loan, or is not overdue overdue dissatisfaction or prescribed number of years but the production and business operation has terminated, project has been halted loans (excluding the bad loans). overdue loans, loan contract, after the expiration of means (including the extension expires) not repaid loans (excluding bad loans and bad loans.

In January 1, 2002, the full implementation of the five category loan quality classification management of all types of banks in China: the establishment of five level of evaluation standard is: normal loan; loan was concerned; subprime mortgage; doubtful loan; loan losses (three species belong to the bad loans)

　　The fifth section the responsibility system of the loan and bond preservation

Host of loan

The borrower shall, according to the provisions of the people's Bank of China and open basic account set up loan sponsored lender relationship. borrowers heavy economic enterprise division, joint-stock transformation, the construction of major projects involving the use of credit funds and safety activities, shall solicit for the host in advance. A borrower can only have a loan to host, host line should follow the basic account changes due to the change of. sponsor bank not capital, but shall be planned for the borrower to provide loan borrowers to provide the necessary information consulting, agency and other financial, as. loan host system and implementing measures shall be Chinese bank, by the people.