The new loan regulations seven core

   This time we participated in the bank loan rules knowledge contest, the systematic study of the new loan regulations, would like to briefly share its essence and everyone:

   The new loan regulations also known as the "three way", that is a guideline of "Interim Measures for the administration of fixed asset loans", "project financing", "guidelines on liquidity loans management Interim Measures", "personal loan management Interim Measures". Since last year, the CBRC to promote the implementation of the new loan regulations as a priority among priorities supervision, urge the banking financial institutions to realize the transformation of the mode of development, to establish "actual loans to pay" concept, fine credit management mode to establish the whole process, pay attention to from the source control of credit funds misappropriated risk, provides the system safeguard for the loan funds flow to the entity economy.

    The new loan regulations there are seven core concepts:

   The whole process management, good faith loan, agreement, loan control, actual loans to pay, post loan management, the penalty constraint.

    

    The whole process management:Both fixed asset loans, liquidity loans or personal loans, through management and credit management before loan, after the management of the three links, the whole process management emphasizes through credit risk management effectively to each link in the life cycle of the loan, according to the principle of the will to implement effective checks and balances links duties to specific departments and posts, and establish clear accountability mechanism.

    Credit loan:Includes two aspects: one is the borrower to abide by the principles of honesty and trustworthiness, provide the loan application materials according to the specific way required by the lender and content, and the commitment to provide authentic, complete, effective; two is the borrower shall prove the legal management, legal compliance, good credit records, loan purpose clear and clear legal source of repayment method etc..

    Agreement:Require the banking institutions as the lender shall, by signing a complete contract agreement with the borrower loan documents and other relevant parties, the parties concerned norms of behavior, clearly the rights and obligations of the parties, the parties shall adjust the legal relationship between the parties, legal liability.

Loan control: refers to the banking financial institutions will be the examination and granting the loan as two independent business process management and control, respectively, in order to reduce the operation risk of credit business objective.

    Actual loans to pay:The banking financial institutions according to the loan project schedule and the effective demand for loans, the borrowers need to foreign loan payment of funds, according to the borrower's application for withdrawal and payment of principal, the loan funds through loans entrusted payment, to pay the agreed loan transaction object of the contract. The key to actual loans pay principle is that borrowers pay for their loans in accordance with the contract, use the loan contract, reduce the risk of loan appropriation.

    Post loan management:Refers to the commercial banks in loans after carry out all the credit risk management. The new loan regulations management in commercial bank credit from traditional way at the same time, highlight the new requirements of the following aspects: supervision by the use of loan funds; to monitor the borrower's account; emphasis on management after loan of guidance and restriction agreed a loan contract; clear the lender in accordance with the regulatory requirements of the legal liability management after loan the.

    Penalty constraints:Refers to the supervision departments the implementation of the loan the new regulations for the banking financial institutions to conduct strict supervision, a clear violation of loans for the banking financial institutions, regulatory authorities will make use of market access, on-site inspections, off-site supervision means to give punishment, in order to ensure the implementation of the new regulation capacity loans.

   

   The new loan regulations focus from the management of the whole process of loans, loan contract management, payment management, the use of the loans loans management, post loan management and lenders legal liability and so on request, but the implementation of the various specific measures, according to the varieties of loans, loans of different areas, loan regulations put forward special requirements on the credit management process:

    1, fixed asset loans for our special requirements

   More sensitive fixed asset loan amount is larger, relatively complex project factors, duration, the external economic environment changes, in this case, the lender fixed asset loans for projects to make accurate credit risk exists high difficulty assessment.

   "Risk characteristics closely around the fixed asset loan project interim measures for the administration of fixed asset loans", how to analyze, evaluate project risk clear regulations on the internal credit management of the lender. (1) to define the project acceptance conditions, including the borrower shall meet the qualifications prescribed by the state investment main body; the project shall conform to the state industrial land, environmental protection and other related policies; to perform the fixed asset loan investment projects of legal management procedures; and shall comply with the relevant state investment project capital system etc.. (2) in the stage of the loan investigation, deal with the basic situation of the project and the project sponsor for detailed investigation. (3) in the risk the approval stage, special emphasis should be on the project compliance, project technical and financial feasibility, product market, financing, insurance, risk assessment is carried out deeply again.

    2, liquidity loans for special requirements

   Because the liquidity loans to pay frequent, fast turnaround, banking financial institutions to pay higher cost management, but the factors that affect the liquidity occupy relatively clear, liquidity requirements can be reasonably estimated, at the same time, in the practice of liquidity loans and loan amount used is also derived from lenders extended beyond the actual the demand, so, "Interim Measures" the management of the liquidity loans lenders should be in accordance with the actual conditions of production and management, liquidity needs reasonable calculation of the borrower, and critically determine the liquidity and duration of the loan amount. "Interim Measures" management of liquidity loans with "reference" measuring the demand of working capital loans, clear the floating capital loan demand is mainly based on the difference between the daily operation of the working capital required and the existing liquidity to determine.

    3,For the special requirements of project financing

   Project financing risk is different from the general characteristics of fixed asset investment projects, such as loan repayment depends mainly on the future cash flows or project their asset value; usually a huge amount of investment, financing leverage ratio higher, construction or operation cost is high, many participants, thus facing the loan risk is greater, often need to participate in a number of banks financial institutions, and through the complex financing and guarantee structure to disperse and reduce the risk of. In accordance with the provisions of the existing loan management approach, mainly on the basis of loans is the business in the past and present operating results and financial condition, such as cash flow, the future value of assets and the expected returns.

   Of particular note is: to make up for the insufficiency of financial institutions in the banking industry in the tax, legal, technical analysis, professional depth, "guidelines" clearly the lender may according to the project financing independent intermediaries need to entrust or require the borrower to entrust a qualified for the project to provide legal, tax, insurance, technology, environmental protection and building aspects of professional advice and services. At the same time, in the risk assessment phase, must fully recognize many of the risk of project financing, construction period risk including policy risk, financing risk, completion risk, cost risk, exchange rate risk, environmental risk. The lender shall require the borrower to or by the request of the project stakeholders signed a general contract, insurance, establish performance bond, provide guarantee of completion and performance, reduce the construction period risk. Operating period of risk including raw materials risk, market risk, operational risk. The lender may require the borrower to sign long-term supply contracts, the use of financial derivatives or sponsor funding gap guarantees, effectively disperse the risks during the operation phase.

   In the term of the loan, the lender shall continue to monitor project construction and operation, according to the factors of loan guarantees, market environment, macro economic changes, the regular evaluation of the project risk, and the establishment of loan quality control system and risk warning system. Possible effect of loan security situation, corresponding measures should be taken promptly. At the same time, many banks and financial institutions to participate in the same project financing, principle