First chapter Introduction the petty loan company

A small loan companies, and its legal status

(A)"The petty loan company"Definition.

The petty loan company, is a natural person, legal person or other social organizations enterprises investment to set up, do not absorb public deposits, petty loan business of the limited liability company or Limited by Share Ltd.

　(two) the legal status of the petty loan company:

1, is an enterprise legal person;

2, has the independent legal person property;

3, property rights;

4, for its debts with all property bear civil liability.

"The petty loan company is an enterprise legal person"Is specified, the petty loan companyNot financial institutions,But business is business, can be said to be"Quasi financial institutions".

 

　The two, small loan companies operating characteristics

　　(a) the management of special goods:Currency (the loan does not only save)

(two) business rules:

1, the petty loan company must specialize in small business loans;
   2, it is strictly prohibited to internal or external financing, absorption or disguised absorbing public deposits (High voltage line)
   3, the sources of credit funds must be legal, the main sources should be donated funds and not more than two banks for shareholders to pay the capital, loan funds. The petty loan company get into the balance of funds from the banking financial institutions, shall not exceed 50% of the net capital. (Baseline)
   4, the petty loan company shall not engage in business investment and loan business;
   5, the petty loan company shall not grant loans to related party: the relationship between human refers to the company directors, supervisors, managers, credit business personnel and their close relatives and their investment or senior management personnel of enterprises and other economic organizations. 　

　　(three) the scope of business:

1, for the small loans;

2, for the small enterprise development, management, financial advisory business;

3, other approved business.

(four) business requirements:

1, small, scattered: single family loans shall not exceed 5% of the capital.

2, adhere to the farmers, agriculture, rural and urban economic development services to small enterprises.

3, choose the loan.

4, market.

5, shall not grant loans to its shareholders.

6, shall not cross regional business loan business. Hainan small loan companies can do business in the island.

The 7, small loan company in the business hall must be marked with a notice to reassure the public:

"The small loan companies do not absorb public deposits, illegal deposits and funds are not protected by the law."

　　(five) the petty loan company loan interest rates:

1, according to market principles to determine their own.

2, upper limit -- let go, but shall not exceed four times the corresponding interest rates on bank loans.

3, the lower limit of 0.9 times -- the loan datum interest rate announced by the people's Bank.

　(six) the development prospects of small loan companies:

1, the real service for small enterprises and the "three rural", compliance management, a year after Kuogu capital.

2, operating in accordance with laws and regulations, no bad credit records, can be transformed into village banks.

　Three, the establishment of the qualifications of the petty loan company

(a) in line with the "company law", "guidance" and "pilot work opinions" provisions of the constitution;

(two) a limited liability company shall be not more than 50 shareholders funded the establishment, including the first major shareholder of a capital contribution is the largest Limited by Share Ltd launched a number of people; no more than 200 people, including a capital contribution is the largest main sponsor;

(three) the registered capital is money capital, and should be a paid. Small loans to set up a limited liability company, the registered capital shall not be less than 30000000 yuan; the establishment of the Limited by Share Ltd, the registered capital shall not be less than 50000000 yuan, a single natural person, legal person and other social organizations, enterprises and their affiliates the proportion of shares shall not exceed the total registered capital of the company 30%, the sponsor has the special professional technical ability and experience, approval can increase its holdings, but shall not exceed a maximum of 40%.

(four) have qualified directors, supervisors and senior management personnel, as well as the staff have the corresponding professional knowledge and experience.

(five) to carry out the small business loans necessary internal organization and enterprise management system, risk control system.

(six) other prudential requirements stipulated by the provincial finance office.

　　Four,The petty loan company organization forms and internal mechanism   

(a) the name of small loan companies, by the administrative division, size, industry, form of organization in sequence, wherein, the administrative division refers to the name of the administrative division at the county level, can not crown provincial administrative divisions.

(two) the petty loan company's organization form includes the following two:

1, limited liability company;

2, Limited by Share Ltd.

(three) the internal organization of small loan companies:

In order to ensure the petty loan company efficient, streamlined, sound management, must establish a set of scientific and reasonable operation of the internal organization. Requirements do under the collaboration, internal and external constraints, censoring.

The institution General Manager's Office, comprehensive department, financial department, credit department, risk management department etc.. The account department for loan investigation department, risk management department for examination department, General Manager's Office for loan approval department.

　Five, the petty loan company's shareholders

(a) the enterprise legal person;

(two) the natural person;

(three) other economic organizations;

(four) during the pilot period, foreign enterprises and foreigners cannot share.

　The main sponsor condition six, small loan companies

(a) more than 15000000 yuan of net assets, and asset liability ratio less than 70%.

     (two) profit for nearly 3 years, and 3 years total cumulative net profit of not less than 5000000 yuan.

     (three) have good social reputation and integrity of records, nearly 3 years in the business management, financial management, tax administration, foreign exchange management, customs management, no illegal behavior.

     (four) has a good corporate governance structure and perfect internal control system.

    (five) shares the source of funds in real legitimate, not to borrow shares, shall not be entrusted to investment funds.

     (six) according to the requirements of other conditions of cautious principle.

Seven, the other shareholders shall have the conditions

(a) natural person as the investor, must have full civil capacity; have a certain economic and financial knowledge; income condition is good, has the strong anti risk ability; issued by the local public security organs have no criminal record proof and the people's Bank issued no bad credit records to prove, practitioners have financial experience, also the original is in financial unit issued no violations, violations.

   (two) other enterprises or social organizations as the investor must be legally established, and the investor and its legal representative, no bad credit records or criminal record; nearly 3 years the financial situation is good, has the strong ability of management and capital.

Eight, the petty loan company's advantage

  1, high efficiency: generally seven working days to make loans and no loans, loan long - short, less mortgage loan decision.
          2, flexibility: a certain; according to the actual situation of each customer, with his own condition of the loan service.
          3, the market: the customer group.
          4, the low threshold: regardless of high or low as long as the system can do.
          5, the system can solve good: information asymmetry effectively complement each other, and the borrower.
     Nine, the petty loan company's role

 1, to some extent alleviate farmers and small and medium-sized enterprise financing difficult problem, to promote economic development.

 The 2, small loan companies at different levels to provide a diversity of choices to the rural finance, to promote rural financial organization competition.

   3, the petty loan company to guide private lending behavior standardization, legalization.

Ten, the development of small loan companies

1, by the end of 2005, the people's Bank of China in Shanxi County of Pingyao Province as the first batch of pilot small sum loan, first in the country to set up a "Jinyuan Tai", "Sheng Long" two small loan companies, try to private capital as the basis, to serve the "three rural", support the development of rural economy as the focus, to provide small loans to farmers.

2, 2006, Shanxi, Sichuan, Shaanxi, Guizhou, Inner Mongolia 5 provinces, autonomous regions to carry out micro credit organizations, pilot, then set up a number of small loan companies in other provinces.

3, 2008 July, the China Banking Regulatory Commission, the people's Bank of China jointly issued the "guiding opinions on a pilot micro credit company" (the hair (2008) No. 23, hereinafter referred to as the "opinions"). This is the CBRC and the central bank for the first time on the official company provides small loans issued, "opinions" on the petty loan company's properties, conditions of establishment, funding sources, the use of funds and supervision has made clear regulations.

4, 2009 December, Hainan provincial financial office issued the "measures for the administration of pilot small loan company in Hainan province". In 2010 April, provincial financial office approved the establishment of "Haikou LUONIUSHAN petty loan company" and "Qionghai Zhongjin microfinance Limited by Share Ltd".

Eleven, the petty loan company supervision

Supervision departments of the 1, small loan companies

Provincial Finance Office, or province small and medium-sized enterprise management office or the provincial economic and trade commission.

2, regulatory measures

3, supervision index

Sunlight process of 009 loan companies began to pay the east capital, donated funds, like

 

 

 

 

 

 

 

The second chapter  Microfinance operations

 

A concept, microfinance

"Small loan" (microfinance) the continuing credit service activities designed to provide low-income small amount, in order to poor or low-income groups for specific target customers and provide financial products and services for specific target class customers, is the essential characteristic of petty loan from formal financial institutions of general financial service and traditional poverty alleviation project the project or organization; and this class for specific target customers with special financial products and services, the pursuit of their own financial budget of self-reliance and sustainability goals, constitute the essential difference between it and the general government or donor institutions long-term subsidy development project and traditional poverty alleviation project.

Microfinance models should include two basic meanings:

One is for a large number of low-income {} to provide financial services including poverty population;

Two is to ensure the survival and development of small loan credit institutions themselves.

These two interrelated and contradictory aspects, constitute a complete elements of microfinance, both be short of one cannot be called the perfect or normal microfinance

At present, China's financial sector mainly has two kinds of microfinance.

A class is a small commercial loans,

One is the financial discount loan.

The difference lies in the role of the government, the commercial microfinance is only limited to the policy guidance, the fiscal interest subsidy microfinance should provide a certain percentage of discount interest funds. However, both commercial micro credit or financial interest in microfinance, are to implement market-oriented operation, the microfinance institutions in full accordance with the principles for commercial credit, credit and loan, decide not to lend more and borrow less.

Small commercial loans according to the main body is divided into: the commercial bank loan and the petty loan company loan. According to the loan object is divided into small loans to farmers, businesses small loans, consumer loans and small and medium-sized enterprise loan guarantee fund.

There are three main types of Financial Discount: Agricultural Bank micro credit poverty alleviation loans, loan guarantees laid-off unemployed small and national student loan.

 

      Two, the proportion of credit management

  1, the petty loan company's capital adequacy ratio near 100%. But never more than two banks borrowed less than 50% of the net assets of the fund. Financial leverage is 1:1.5, while the bank according to the Basel agreement and the capital adequacy ratio shall not be less than 8%. The total amount of capital and risk weighted assets ratio shall not be less than 8%.
      2, the petty loan company loan does not only save, do not absorb deposit. Commercial bank loans and deposits ratio should not exceed 75%.
      3, the petty loan company liquidity of assets not required for. The liquidity of commercial bank assets and current liabilities ratio shall not be less than 25%.

 4, the petty loan company loan does not exceed 5% of the registered capital. The small loan over a broad area, characteristics of dispersed risk. Commercial Bank of loan balance for the same borrower and the balance of capital of the commercial bank shall not exceed 10%.

      5, the loan quality index. Requirements for commercial banks: overdue loans and loans ratio should not exceed 8%; bad loans and loans ratio should not exceed 5%; bad loans and loans ratio should not exceed 2%. (the index often according to the requirements of different times and changes, recently asked the non-performing loans of not more than 10%). The petty loan company shall not be higher than the 15% rate of bad loans, non-performing loan rate higher than 15%, provincial financial do have the right to order it to change the senior managers, deadline for rectification.

   The basic system of three, loanDegree

    1"Three" principle, loans:Liquidity, profitability, safety is the basic criterion of the operation principle of commercial banks. Is what we often say "three principles", which is also the basic requirement of credit management.

   (1) safety: refers to the commercial bank assets, income, reputation from loss of reliability or certainty. Its core is to effectively prevent and deal with all kinds of risk, ensure the safety of funds. Carry out the principle of safety, help to reduce capital and asset loss on the one hand, the expected reliability enhancement; on the other hand, can establish a good image in the public, this is very important.

(2) Liquidity: refers to the ability to quickly run assets lossless or cash. Liquidity requirements in the reasonable arrangement of the loan period at the same time, we must do two aspects of work:

One is to maintain a certain "reserve assets" is the cash, bank deposits, securities, etc..

Two is the implementation of debt management, debt through borrowing to meet cash payment needs, not only to meet the liquidity requirements by current assets. (the deposit reserve system originated in the United Kingdom, but the legal system was established in 1913 America the "Federal Reserve Act")

   (3) benefit; refers to the petty loan company in normal operation condition of profitability. Benefit is the main motive force of small loan companies and business activities, is to follow the principle of significance: one is to increase the petty loan company capital, expand the scale of assets; two is to improve the petty loan company reputation, reduce financing cost; three is to enhance the ability to resist the risk of microfinance companies; four can be further enhanced small the loan company competitiveness.

Both connections and the contradiction between the three principles of small loan companies. The three contradictions: the pursuit of liquidity, safety, often benefit is low; on the contrary, the pursuit of efficiency, to put money into greater income, according to the greater risk of long-term investment projects, security, management of liquidity that would give banks a threat. But in the long run, efficiency, safety, liquidity three also has a unified relationship interdependence, mutual promotion, liquidity is the necessary measures to realize safety; safety is the foundation to realize the benefit; the pursuit of efficiency, is the ultimate goal of safety and liquidity. Therefore, we should put the three unified coordination, taking the best combination, namely, in order to ensure the safety and liquidity, the pursuit of maximum benefits.

2,"5CPrinciple.

Loans to carries on the analysis to the customers from five aspects:

1) character (CHARACTER). Mainly refers to the level of integrity of the borrower and the willingness to pay.

2) capacity (CAPACITY). The borrower makes extensive use of their talents and their new borrowed funds properly uses the profit ability.

3) capital (CAPITAL). Mainly refers to the value of the dollar, the nature and number of accounting statements, the borrower debt to total assets ratio, capital structure, the net assets of the state.

4) security (COLLATERAL). The borrower shall provide for repayment guarantee second source of repayment, the borrower can be used for mortgage, pledge, mortgage amount of property value and how the performance of the credit analysis, is one of the important determinants.

5) environment (CONDITIONS). Refers to operating the borrower itself and the external business environment.

The western general "6C" rule. In the 5C based on the "business continuity" a, "continuity" business refers to the borrower can survive in the fierce competitive environment and development. If the borrower in the competition ability of management innovation, technological innovation, product innovation, service innovation is not enough, it will gradually lose their market, and even bankruptcy, then to recover loans, therefore, expected to sustainable development of borrowers career has become the method of analysis and qualitative analysis of the combination of financial institutions.

3The loan, "three check" system.

Loans to investigation, loan review, loan before the loan after the inspection.

The loan before the survey is correct, reduce the credit risk of loans, loan security guarantee.

The loan review process decision process is essentially a loan. All levels of review personnel for decision on the loan decision responsibility. Information 1, review the borrowing enterprises, guarantee the unit. 2, review the use of the loans. 3, whether it is appropriate to review the loan amount, term, interest rates, and bank fund coordination.

After the loan is to continue to review the pre loan investigation, loan, is an important link to prevent the credit risk.

4, censoring system:

The customer is responsible for the loan investigation, the risk management department is responsible for the review of the loan, the general manager and the chairman, the Commission is responsible for the review and approval. Process: acceptance - Survey - Review approval - lending, loan after the inspection, the acceptance, investigation, lending, credit management by the customer department, risk management department is responsible for the examination and supervision.

 

    The four, small loan object and the basic conditions

 

    (a) the loan object

The petty loan company loan is the main target of the "three rural" enterprises and farmers, individual industrial and commercial households and small and medium enterprises. Features: "small", small scale, the loan amount is small; "divergence", wide distribution, lack of concentration, some in the countryside. The amount of financing the net capital of not more than 5% small loan company. As of 50000000 yuan

 

 

    (two) the basic conditions for loans

The borrower to apply for loans shall comply with the following requirements:

1, the natural person must have reached the age of 18, have the full capacity;

2 enterprises must possess the qualifications of a legal person;

3, there are regular servicing ability;

4, in addition to the natural person and does not need to be approved by the business sector registered enterprise legal person, it shall go through the annual inspection procedures by the business sector.

 

(three) the loan card

The credit card is refers to the people's Bank China registered the magnetic stripe card, record the borrower financing situation in financial institutions, is the borrower with to apply for to financial institutions for credit qualification.

The loan card to every year a, annual review of qualified credit card can apply for credit business.

 

(Four) the rights and obligations of the Lender

1, the lender's rights:

The lender shall have the right in accordance with the loan conditions and loan program independent review and decided to loan. Have the right to refuse any units and individuals to provide forced loans or guarantees. It includes the following rights:

① require the borrower to provide relevant information and loan;

According to the borrower's condition, decided to loan, loan amount, loan with no time limit and interest etc.;

The right to know the borrower's production and business activities and financial activities;

And in accordance with the contract from the borrower account receiving the loan principal and interest;

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

In loans will be or has suffered a loss, based on the contract, take the loan loss measures.

2, the lender's obligations:

Should be announced by the business loan type, duration and interest rates, and provide advice to borrowers;

② shall announce the loan review information content and lending conditions;

③ should consider a borrower's application, and promptly reply - and no loans, generally require a reply in 7 days.

It should be on the borrower's debt, financial, business secret, but according to the law of query except.

 

(five) the rights and obligations of the borrower

1, the borrower's rights:

① can independently to apply for bank loans in accordance with the conditions and the petty loan company loan;

It has the right to extract and use all of the loan contract;

It has the right to refuse the conditions attached to the loan contract outside;

The right to the lender's superior and the banking sector, the report reflects;

In the consent of the consent of the lender, has the right to transfer to the third debt.

2, obligations of the borrower:

① shall truthfully provide the lender required data (the law cannot provide except), shall truthfully provide all the lender bank, account and deposit balance, to cooperate with the investigation, lenders and check;

② shall accept the supervision of the Lender Credit Funds and other relevant production and management, financial activities;

③ shall, according to the loan contract, use the loan;

It should be according to the timely liquidation of loans agreed a loan contract;

The debt to transfer all or part of third person, shall obtain the consent of the lender;

The creditor's rights are endangering the security situation, it shall timely notify the lender, and the preservation measures.

 

    (six) objects prohibited loans

According to the "loan general" provisions, any of the following circumstances, may not grant loans to its:

Do not have the loan qualification and basic conditions;

The production, expressly prohibited business or investment countries and products, project;

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;

The production and business operation or the investment project did not obtain environmental protection departments;

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

The loans to risky investments, such as stocks, futures, etc..

The other serious illegal acts.

 

Five, the type of loan

By way of security, small loans into credit loans, secured loans, bills discounting, the loan portfolio.

1, credit:Refers to by the borrower's credit and loans. The biggest characteristic of credit loan is not required to guarantee can be made, and therefore greater risk. Most small loans company loans as credit.

    2, secured loans:Can be divided into guaranteed loan, mortgage, pledge loans.

   The guarantee loans: refers to the third commitments in the borrower cannot repay the loan, agreed to assume the general guarantee liability or joint liability loans. From the guarantee liability forms: general guarantee liability and joint responsibility to ensure that. Generally only accept the guarantor to provide joint liability guarantee, do not accept the general obligation bond. Outstanding problems in guarantee: 1, mutual problems and chain protection system problems, poor strength, related enterprises and the newly established enterprises in order to get the loan often use this method. 2, ensure the exemption of human. (plea, general guarantee by the new old or lending, have both guarantee and mortgage companies, to provide security for the shareholders, borrowing and content of the contract change,)

   The mortgage loan: refers to the borrower or third party property as collateral loans. The outstanding problems in the realization of the 1 Mortgage: mortgage, (legal means and consultation); 2, the mortgage term and registration; seized 3, collateral; 4, the nature of land use rights (of land leasing, state-owned company); common property mortgage.

The pledge loan: refers to the borrower or the third movable property or rights as a pledge loans.

The pledge includes: 1, draft, promissory notes, cheques, bonds, certificates of deposit, warehouse receipts, bills of Lading Pledge, pledge 2, legally transferable shares, stock, 3, according to the transfer of trademark rights, patent rights, copyright and other rights pledge, 4, according to the other rights pledge.

3, bill discount

Means the payment to purchase borrowers lender is not due to commercial paper of loans.

4, the loan portfolio

To guarantee, mortgage, pledge a variety of ways to form a set of risk prevention measures.

 

 

The six, small loan operation procedures

 

   Loan procedures generally include accepting loan application and acceptance, pre loan investigation, loan review, loan approval, loans, loan management, loan recovery.

(a) loans and loans for consultation

1Consultation, loan:

Loans to officers must undergo training, master the basic knowledge of microfinance, familiar with the small loan company product and process.

① handled directly by the client manager, client manager accepted by customers comprehensive member registration "loan accept registration form";

The front desk staff counselling after receiving, by the customer department integrated member registration "loan accept registration form", arrange customer manager account manager to loan investigation.

The other company officers to accept advice, by the customer department comprehensive member registration "loan accept registration form", arrange customer manager account manager to loan investigation.

2, required documents for customers to apply for loans:

The personal loan application data needed:

The customer credit authorization submitted query, query personal credit report; if no bad credit records, and provide the following information:

The loan application (or table);

The personal and spouse identity: identity card, residence booklet, work permits, Ming, social security cards etc.;

Personal proof of marriage: marriage certificate, divorce certificate or the unmarried certificate;

The person living proof: house property card or phone water, electricity, gas, single one (nearly three months);

The family property that: property certificate, vehicle permit etc.;

The family income proof: proof of salary, personal account bank water etc..

Enterprises loans need to submit information:

The loan application (company profile, reason, purpose, amount of loan, guarantee, source of repayment period, etc.);

The effective corporate registration certificate copy of the original (must be reviewed original);

The legal representative qualification certificate, a copy of ID card. (authorized, should issue a letter of authorization, authorized person Id photocopy);

The last three years the annual financial report (including the balance sheet, income statement, cash flow statement and notes to the accounting statements) and one month before the application of the financial statements and tax returns; and VAT invoice;

According to the "company law" established by the customer (including the guarantor, the same below), should be provided in the articles of association of the company, the capital verification report, the continuous list of shareholders, the main management resume etc.;

The effective credit card;

The use of the loan certificate data (such as a purchase and sale contract etc.);

The joint-stock enterprises to provide the shareholders' meeting or the board of directors (face-to-face signature);

The guarantee is the guarantee, should provide the guarantee of the data;

The guarantee is against (quality) and guarantees, shall be provided against (quality) and list, against (quality) quality certificate for ownership of property and people agree against (quality) written proof of charge.

Provide application data copy, by the information provided in the copy stamped to show recognition.(two) loan project

For corporate loans or loan amount of more than 1000000, the customer manager should according to the company's loan policy, investment, amount and application of business intentions, for compliance with loan conditions, fill in the "examination and approval form" loan project approval, step by step. If the project, the client manager assessment report to Vice General Manager decision.

If the application does not meet the requirements of customers, loans, account manager should fill out the "client letter", promptly notify the customer and told not authorized reason;

If the customer consistent with the corporate loan requirements, after approval, the customer manager should fill out the "loan acceptance notice", timely inform the client. At the same time, should be in the "loan business registration mark thin".

 

(three) pre loan investigation

1,Customer manager preparations

Before the credit investigation, client manager shall make the following preparations:

1Check the credit card and personal credit records:

Enterprise credit registration information query. Credit card is one of the necessary conditions for the customers of bank credit business, customer manager must through the cooperative bank login bank credit registration system, registration effectiveness, customer inquiry system inspection loan card in debt, external security information, to understand customer comprehensive debt, financial statement data and to provide customers with the check the letter should be consistent, both.

The invalid credit card application or credit business customers with bad credit record customer shall not apply for business loans.

Query personal credit information. Personal credit information is divided into three parts: the basic personal information, personal credit information and personal information query information. Check the consistency between the related information and the information submitted overdue; total not more than three times the highest number; if not more than three period; not overdue credit balance.

②Finishing business data:

Customer manager to collect application data is completed, should be timely collation, reading provide application materials. In the finishing, read the application information, such as finding information provided by customers are lack of unknown content, data elements, data before and after each period of discontinuous conditions, client manager shall timely contact with the customer information; client manager should avoid investigation in the application materials are not clear case.

2In principle, the credit investigation

Credit investigation process is also called the evaluation process, mainly includes three aspects: one is the evaluation of the customer, the two is the evaluation of the business, to guarantee. These three aspects of the work is also known as the "customer identification". Recognition of a new customer, should focus on the analysis of customer in the legal premise of actual operation ability and financial status, to commercial operation principle and prudent principle as the guiding ideology, seek truth from facts and objective evaluation.

The commercial principles. The so-called commercial principles, is based on bank profit as the ultimate goal, only the recognition object provides realistic or potential profits, and consider the potential risk of loss, still can obtain acceptable profit margins, the object is our target customers, this is the identification of the judgment is one of the.

The principle of prudence. The so-called principle of prudence, is in the forecast, assuming the potential risks to maximize, imagine taking in banking and the corresponding risk prevention measures, risk exposure is in the acceptable range. This is another judgment principle recognition.

 

(four) the provisions of customer credit rating

 

Credit rating: is the relative scale reflect the customer's ability to repay debt.

Credit rating: also known as the customer credit rating evaluation refers to the evaluation methods, the use of standard, unified, to the customer a certain operating period of the ability and willingness to repay, comprehensive analysis, so as to the customer's credit rating to make real, objective, fair and comprehensive evaluation.

Mainly from the customer's market competitiveness, debt paying ability, the management level and the prospects of development in areas such as assessment.

We will study and formulate the "Interim Measures of Qionghai gold loan Limited by Share Ltd credit assessment management".

According to the company's loan object mainly small and medium enterprises, small and medium enterprises is characterized by small size, flexible operation, financial system is not perfect. This is not our methodologies (might not) too much to ask the enterprise to provide financial statements, we should lay emphasis on credibility, management level, development prospects and provide collateral and guarantee ability, guarantee ability is relatively easy to see, the calculation, then the guarantee ability in the rating index system the score proportion relative will be higher,

The credit rating of small enterprises with AA, AA-, A+, A, A-, BBB+, BBB, BBB-, BB, B 10 grades.

Assessment is mainly according to the evaluation index

 

 

Refers to    Standard	Right   Heavy
2 Shareholders	Economic strength	2
Management 6	Quality	2
Experience	2
Operation ability	2
15 management	Growth in sales revenue	4
Sales revenue	5
Payment of tax	6
Reputation status 18	The annual sales to the forehead	5
Loan to deposit ratio	5
The enterprise debt situation	8
Condition 5	Policy support	2
Credit environment	3
The prospect of 8	The product market (industry)	4
Product technology (industrial)	4
Sales (business)	4
Geographical location (commercial)	4
Profitability (non business)	8
Solvency 46	Paid in capital	5
The rate of assets and liabilities	6
Sales / service debt	6
Paid in capital / interest bearing debt	6
Guarantee ability	28

 

In a word, to individual and enterprise credit rating management is the development of credit business, to regulate the customer access and prevent the risk has a significant role.

 

(five) the loan investigation

1Investigation, loan demand:

The survey and investigation process meets the requirements of internal control;

The research contents and main points of complete, highlight;

The survey method is reasonable and effective;

The information can be effectively verified, comply with the principles of objectivity and impartiality;

The information content integrity, data is accurate, clear hierarchy;

⑥ the evidence and auxiliary material qualified, shown clear, complete, checking integrity index;

The investigation of responsibilities clear division and determination;

The comprehensive risk assessment, measures to resolve the appropriate.

 

2Within the investigated, loanVolume:

The personal loan investigation contents:

The basic situation of the borrower: meet with the borrower and their spouses, verifying the borrower's name, age, gender, educational level, occupation, address, family members engaged in the professional skill of data.
   The assets and liabilities: detailed understanding and verifying the borrower family of fixed assets, the specific details, quantity, square area, location, purchase time, stocks, bonds, cash receivables, etc.. Liabilities to verify the loan amount, loan amount, interest and other forms of debt, debt to asset ratio calculation.
   The family business: understand the borrower family production and operation of the project, the investment scale, operating cycle, the output value, sales revenue and profit situation, comprehensive assessment of customer's income.
   Loans: loans to guarantee way, understand the guarantor basic situation and debt, asset evaluation guarantee qualification; belongs to the mortgage, the name to know the collateral, storage location, number, location, structure property (written between the number, layer number, square area to write clear an area and construction, a simple planar graph) valuation, repayment sources.
    The use of the loan investigation: To investigate the real loan purposes, and to assess the benefits.
   The business loan survey content:
   The basic situation. Is mainly on the investigation of the borrower's loan qualification, the borrower and its associated enterprise history, geographical location (including registration), property right, organization form, leading products and in the industry and regional economic development status and role.
    The operation. The main is to predict the investigation in recent years and the current production management, sales, benefits and development prospects.
   The financial situation. The main investigation in recent years and the statement of assets and liabilities, capital structure, liquidity, profitability, cash flow, sales to the bank and deposit changes and current situation.
   The reputation. Is mainly on the investigation of the principal and interest of the loan borrowers have defaulted bank or other financial institution records, and other credit.
   The quality of operators. Is mainly on the investigation of the legal representative and other members of the leadership of knowledge, experience, performance, character and ability of management.
   The security situation. The main investigation against (quality) and property ownership, value and the realization degree of difficulty, the qualification and capability of the guarantor.
   The loans of the potential benefits and risks.

3Method of investigation, the loan

The loan investigation the double investigation, generally take the following four methods. A direct to the customer survey, deeply understand the situation on the ground. Two is the access to customers in the bank's credit archives, focus on understanding the customers in the bank loan servicing and settlement of transactions, the disclosure of information in the loan card, especially the contingent liabilities of information. Three is the financial statements and financial reports to the borrower. The four is to the social investigation, mainly to the relevant credit assessment, tax, industry and commerce, power, social security and the investigation, obtaining information from a variety of newspapers, media.

4Report of investigation before loan

The loan before the survey report writing format generally can be divided into two categories, one category is the table format, in accordance with the fixed form fill in the. Table format of writing is simple, easy to write, in general, apply for loans for the small amount of personal loans, the loan application forms and simple. Another kind is the production type, namely, make written materials complete, this is mainly to the loan amount is larger, the content is complex, general business loan application form.

Excellent pre loan investigation report must meet the following requirements in the content, structure and representation logic etc.:

1Seek truth from facts.
  The loan before the survey report should be based on facts, seek truth from facts to state survey, do not appear to express the statement is not consistent with the facts, not just the unverified according to record the borrower to provide material on the statement. Especially for the operation of the borrower's judgment, must provide the financial data related support, do not appear subjective judgment is inconsistent with the facts of the situation.
    ②Clarity
    The loan before the survey report should be according to all aspects of the loan investigation emphasis and the characteristics of each type of credit customers, do the report content is clear, focused.
    ③Thorough analysis
   Pre loan investigation report must be on the thorough analysis, the viewpoint is bright, argument sufficient. Can't simply list the data provided by the enterprise, or statement of the surface condition of the enterprise, without in-depth analysis.
    ④Logical and reasonable.
  The loan before the survey report should be the reasoning logically, textual specification.
    5Readable and fluent
  Pre loan investigation report shall be to the attention of the content before and after care in the premise of seek truth from facts, on the coherent sentences, no errors.

Investigation report (the company class format)

 

 

The investigation report on the * * * company apply for loans

 

Borrowing units: * * * company         The investigation time: * * * year

Loan amount:                The term of the loan:             

The customer manager: * * * (signature)Assist customer manager: * * (signature)

 

Analysis of a survey and the use of the loan, the borrower

1, the basic situation of the borrower;

2 reasons, borrowing, borrowing, loan amount and duration

Analysis of two, the borrower's management, management level

1, the borrower's moral character and ability. Is mainly inspects the business with integrity and reliable character and use the money to; the overall quality and structure of talent management.

2, the loan enterprise of production, supply, marketing, equipment management. Including material management, production management, product management, quality management and sales management.. For small businesses, should focus on the analysis of the tax changes.

Human resources management in 3, loan business. The main analysis of enterprise human resources development and utilization     Analysis of three, the credit of the borrower

1, the borrower and the associated enterprise character, history of credit (including real managers and shareholders)

Analysis of 2, reputation status. The main analysis of the customer and the bank, industry and commerce, taxation, and electric power sector and its major customers (including suppliers and buyers) contacts and performance.

Analysis of four, industry prospects

Business cycle and economic cycle, cost structure (fixed cost, variable cost), profit, competition structure, dependency, product substitutability, state control, location, market share, product sales. And the financial industry on customer attitude.

Five,Financial analysis

The analysis of balance sheet, profit and loss statement analysis, cash flow analysis, analysis of profitability, operating capacity analysis, solvency analysis, development prospects analysis] (financial index see Annex)

Enterprise financial statements: balance sheet, income statement, cash flow statement

A balance sheet is a specific date to reflect the enterprise assets, liabilities and owners' equity and the composition of the accounting statements. Assets = Liabilities + owners' equity

The income statement is the operating results of an enterprise for a certain accounting period of the formation of the accounting statements. The income - cost = profit

Dynamic inflow and outflow of enterprises in a certain period to cash management activities, the cash flow statement investing activities and financing activities, reflect the enterprise cash income and out of the picture.

Solvency Index

1, the rate of assets and liabilities.    Debt to total assets ratio x 100%

2, liquidity ratio.       Current assets divided by current liabilities (short-term debt paying ability) * 100%

3, debt to equity ratio   The total debt / equity * 100%

4, all the capital ratio.Total debt / (total debt + net assets) * 100%

5, interest coverage ratio (times interest earned).  (pre tax profits plus interest expenses) divided by interest expense

6, the quick ratio.     Liquid assets (assets inventory) divided by current liabilities * 100%

7, cash ratio       Cash divided by current liabilities

 

Financial benefit index

1, the rate of return on net assets       Net income / average net assets * 100%

2, the profit rate of sales (business)   The sales (business) profit / sales (business) net income by 100%

3, the rate of return on total assets       The average total assets divided by total profits of 100% *

4, the profit rate of cost     Total profit, total cost X 100%

5, sales and cash withdrawal rate     Operating activities generated cash inflow / sales revenue × 100%

 

Assets operation index

The number of 1, total assets turnover     The sales (business) net income divided by average total assets

The number of 2, turnover of current assets   The sales (business) net income divided by average total current assets

The number of 3, the inventory turnover       Cost of sales divided by average inventory

4, should the number of accounts receivable turnover   The sales (business) net income divided by average accounts receivable balance

 

Development capacity index

1, the growth rate of sales (business) This year the sales (business) income growth, year sales (business) amount x 100%

2, the rate of capital accumulation        This year the rights and interests of the owners, owners' equity growth in early 100% *

3, the growth rate of total assets      This year the total assets total assets at the beginning of growth amount / X 100%

4, three years the average growth rate of profits[(at the end of the year a total profit of three years ago at the end of the year, the total profit) 1/3-1] × 100%

 

1, the limitation of financial statement analysis:

(1) alternative of accounting policies and methods, decided to report data has certain elasticity.

Can choose not accidental phenomena accounting policies and methods of all aspects, it exists in the accounting. For example, the confirmation of the income and cost, inventory valuation, fixed assets depreciation methods have several options, and each choice will have an impact on the financial data. Of course, choose not random, have certain restriction and supervision, but in the selection range sufficient to cause the differences are also obvious, which will affect the accuracy of the financial data.

(2) some man-made factors affect the objectivity of financial statements.

Statements sometimes in order to achieve some purpose, will deliberately hide, exaggerate or reduce some of the accounting data, accounting data can't reflect the operation of. For example: known there should be part of bad loans receivable, deliberately not adjusted, artificially reduced the loss of digital. As to the extension of the depreciation period, in order to reduce the depreciation expense, inflated profits.

(3) inflation is a regular phenomenon in the modern economic life, is the analysis of accounting statements and one is.

Financial statements based on historical cost accounting report as the basis for, but in inflation, drastic fluctuations in the value of the currency itself, then the assets, liabilities, owners' equity, revenues, expenses and profit performance value is not real, affect our judgment.

So we analyze financial statements are the most important point is, the site visit to borrowers, to understand as much as possible not to see the situation of financial statements.

2, another focus of the analysis is onAnalysis of cash flowAnd prediction, analysis to the structure and changes in customer cash flow, and predict customer future cash flow. This is one of the main basis for the first source of repayment, but also reflect the contribution of the bank's customers.

Net cash flow = cash inflows of cash outflow

Net cash flow = the net cash flows from operating activities, investment activities and financing activities net cash flow net cash flow

Operating cash inflows = sales + current current accounts receivable net decrease (- the net amount of inventory) + net decrease + prepaid net decrease + current payables the net amount of the net amount of + Ar + other payables does not pay the net amount of operating income + + foreign investment cash income + other cash income

Operation activities cash outflow = current all the operating costs of production are the net amount of the net amount of the advance payment + + + accounts payable net amount of current accounts receivable net amount + other payable unpaid net decrease + expenses + + other cash payment of income tax

The current total production of amortization operating cost cost = sales + cost of sales and sales taxes and additional financial costs and management fees + - depreciation

How to determine the inflow, outflow?

Cash flow, asset account, debt to equity class tax increase to reduce

Cash flow, assets, debt to equity class subjects increased tax reduction

The borrower nearly a year of cash flow situation, mainly operating cash inflows, which illustrates its short-term debt paying ability. The cash flow is the bank accepted cash flow, can not rely on the borrower to provide non audit reports and word of mouth, credit needs to seriously check, this is the work of researchers and reviewers focus of. Methods include: verifying the borrower flows in the bank settlement account of cash to fund transactions, without substantial transactions between associated enterprises eliminated out, bank loans into the part such as; as is used to small and medium enterprises, cash settlement of individual industrial and commercial households, then verify all of its individual account fund to the situation. We think, at least short-term debt repayment the borrower all cash inflow forecast period, more than should repay short-term debt principal and interest, can initially said the short-term financing bank is safe.

Enterprises with profits and not enough cash inflows, not be able to repay the loan; enterprise with profits, while the inflow of cash to repay the loan, enterprise, even a slight loss, but the inflow of cash, also can repay the loan. The best model is, enterprise profit, while the inflow of cash, we can repay the loan.

 

Six. Loan guarantee analysis

(the second source of repayment).

Guarantee, mortgage, pledge.

Analysis of the mortgage guarantee ability. The size of the degree of difficulty, the cashability cash mainly analysis the collateral, determine the mortgage rate, the highest approved collateral guarantee amount.

Analysis of the guarantee ability. On the legal persons or other economic organizations, should use the latest financial data, comprehensive analysis to ensure the rights and interests of the owners of the assets, people, total, guarantees have been provided credit rating, cash flow, credit status, development prospects and other factors, the guarantee ability calculation according to the relevant provisions; for the professional guarantee agency, should be a comprehensive analysis the guarantor credit situation, management situation, to assess the ability of guarantee according to the relevant provisions; the natural person, should be based on the property and income to assess the guarantee amount.

The analysis of liquidity and the change trend of pledge, to determine the mortgage rate, the highest security pledge amount approved.

Two principles: 1, the loan guarantee can not replace the borrower's credit status; 2, the loan guarantee does not necessarily ensure that loans to repay.

Seven, the loan risk degree analysis:

As the name implies, refers to the risk of loan risk degree of small loans company loans. The degree of credit risk measurement and analysis is the last link of credit analysis, is the petty loan company decided to loan or not depends mainly on the. In principle, no loans to the risk more than 0.6 of the loan, the risk is greater than 0.6 of the loan assets should be listed as the risk of loan assets strict monitoring.

Single loan risk degree = the loan risk coefficient * corporate credit rating coefficient

Single loan asset risk = the loan risk coefficient * corporate credit rating coefficient * loan form the risk coefficient

All of the loan assets risk = ∑ loan risk weighted assets * sigma loan amount

Loan risk weighted assets = loan amount * loan assets risk

Corporate credit rating coefficient 1)

In accordance with the enterprise's credit rating, the grade coefficient corresponding provisions

Reference: AAA 40%; AA 50%; A60%; BBB 70%; BB 80%; B 100%.

2) loan risk coefficient

According to the borrower's credit degree of different, respectively, in (Qualitative) loans, loan guarantees and guarantee loans in three ways, and according to the different sub set risk coefficient loans.

The following loans coefficient:

Loans	The number of loans risk system (%)		Loans	The number of loans risk system (%)
One, against (quality) and loans			12, other property	50
1, certificate of deposit	0		13, other	80
2, the commercial bank and the policy bank acceptance bill	10		Two, guarantee loan
3, other bank acceptance bill	20		14, the commercial bank and the policy bank guarantee	10
4, national bonds	0		15, other bank guarantee	20
5, financial bonds	10		16, non bank financial institutions guarantee	50
6, other securities	50		Guarantee 17, national large-scale or large enterprise	50
7, the spot	10		A guarantee of 18, AAA, AA level enterprise	50
8, stock, equity	50		19, other security	80
9, real estate	50		Three, credit
10, the mortgage of building	50		20, credit loans, overdrafts	100
11, operating vehicle	50

 

 

Conclusion eight

Judge the borrower's repayment ability, collateral repayment ability and the risk of the loan, the loan and loan, the loan amount, term not, interest rates and so on.

 

 

(six) the loan review

In accordance with the censoring, grading approval of the loan management system, after the completion of the loan investigation, the risk management department review personnel shall all loan documentation for customer manager for verification, evaluation, retest loan risk degree, put forward the examination conclusions and agreed to restrictive conditions for loans, the loan review, review or loan. The written report form the loan review, loan review report called. The loan investigation is the basis of loan review, if the loan investigation report of solid and thorough, objective and fair lending, loan review workload is relatively small, the loan review report of the space of short, content is also much simpler.

1The investigation report, earnest comprehensive examination of loan
The preliminary examination is an important part of loan loan program, is the most important risk prevention barrier. Loans and loan investigation preliminary examination basically the same content. Loan investigators both investigation and collection, and the survey data set to investigate the identification, examination in a body. But as a result of the work unit, professional quality, work experience, analysis of the impact of understanding different perspectives and other aspects of the investigation, personnel may accept illegal loans. Starting from the strict control of credit risk perspective, thinking the examiners must, from another point of view, the information provided to verify again, re certification.
Examiners shall, according to the basic elements, the loan qualification, loan conditions, the credit policy, credit rating, risk degree calculation and so on, one by one to verify loan investigation personnel to provide the loan application materials and investigation report is complete and effective, in compliance with the company's loan access conditions and the existing system of policy, which is the key link of loan review. To provide by the customer manager did not provide credit business materials, examiners should list list, promptly notify the customer manager to supplement and improve, to explain the situation, put forward examination opinions, the deadline to be added back to. In principle all customer manager cognizance of content, examination staff should be re examined, to see whether it is real and effective compliance with credit access conditions and related policy system. Comprehensive examination of the objective, is to solve the loan data integrity and legitimacy problem. The main content of comprehensive preliminary examination, the same stage loan investigation and collection of loan application data are basically the same content.

2,Outstanding loan risk control:

On the basis of the household tax loan in full preliminary review of the data and the investigation report of integrity reporting and compliance of legitimacy, should focus on from the non-financial factors, finance, cash flow, and other aspects of the review of security, analyze and judge the safety, profitability and liquidity loans, effectively solve the loan information, procedures complete and effective the legitimacy and not safety issues, as far as possible to avoid or reduce the risk of loans.

The review and analysis of the borrower (including project risk) non financial factors and regional policy etc..

The review and analysis of financial risk

Review of the financial situation of borrowers, not only review analysis of the borrower's repayment ability index, operating ability index, profitability index, but also pay attention to the relationship between accounting and financial data. If serious losses to the borrower, the operating efficiency is poor, the loan should be careful. Pay attention to finding out questions and doubts from the relevant statements, authenticity of borrower's financial condition. If there is preparation of a false financial statements, the loan should be particularly careful, strict master. Take the assets of low value overvalued run corporate special attention in order to reduce the debt to asset ratio approach to the borrower. Review the capital and other funds, as well as the source of repayment, repayment, repayment ability and so on. If there are gaps borrowers repayment, repayment ability is insufficient, the loan should be particularly careful.

The review and analysis of cash flow risk
Cash flow refers to the cash and cash equivalents of the borrower. Cash flow as the borrower's repayment sources, like the blood in the body as important. The borrower cash flow shortage or downward trend, indicates that the borrower's repayment ability may have the risk of first. Many credit personnel pay attention to analysis of profitability borrowers in reality, and ignored the importance of cash flow analysis, the analysis of cash flow is equal to the net income. In fact, net cash flow is not equal to net income, and there may be net income increased and the reduction of net cash flow. To review the borrower operating activities cash flow adequacy, i.e. from operating cash flow is sufficient to repay the loan principal and interest. If the borrower by operating activities generated cash payments, and cash flow stability, it means that the borrower repayment ability. If cash flow is insufficient, even if the borrower's financial situation better, the loan should be careful.

The review analysis of guarantee risk
The focus of the review analysis of guarantee risk is, see the petty loan company holds the security interest is greater than the possible loan principal and interest and implementation guarantee cost. Otherwise, the guarantee is not sufficient. to guarantee loans, to review the guarantor of the qualification, credit rating, assurance coefficient, the guarantor of the intention and the motivation, the methods and legal responsibility. To ensure the financial strength is not strong, not willing to perform the guarantee liability, the loan should be particularly careful. For the mortgage, we should focus on the review of the assets assessment method is correct, the price is reasonable, the strength calculation of liquidity, the mortgage rate whether science, the mortgage can effectively eliminate the loan risk, whether to need additional guarantee or collateral. To pledge loan, the key is the analysis of qualitative review of the information is complete, perfect, matter is legitimate, the pledgor and issue the certificate and other matter whether the agency issued the relevant materials of proof.

3Loan review, written report.
   The main task of loan review is ascertaining the facts, to reveal the risks, the potential risks to loans, strictly observe, plug the loopholes, restrictions. Therefore, compared with the loan review and loan survey report, the length should be shorter, more prominent theme, shall review the outstanding problems, risk control outstanding loans, loans to reflect the legal compliance, safety, profitability, liquidity, highlighting the risk prevention measures.

The review report contents: one is the basic information, including customer profile, business licenses, affiliated enterprises, assets and liabilities, production management, use of the loans, repayment sources and plans; two is the customer credit; three is the collateral; four is the risk presentation; five is the review comments.

The review report requirements: concise, focused, language tightly worded, determining appropriate, shall not use the fuzzy language, do not boast, lies, good landscaping color at. To control the target review focuses on trade-offs, discard the false and retain the true, discard the dross and select the essential, the key problems to seize the main, to write.
   The review of the evaluation to be objective and fair. Describe the review review staff don't confined to the investigation report of the text, to heavy card, check basis, for comparison, the independent review, calm analysis, abstracting viewpoint. The examination opinions and suggestions should be targeted, operability. To strengthen the comprehensive analysis of refining, comments and suggestions to the effectiveness of the constructive.

Loan review report must be made by the risk management department is responsible for the manager's signature, to show.

4, legal compliance review.

The lawyers legal compliance review comments. Legal personnel on loan business documents shall be fully written review, mainly put forward legal advice from the effectiveness of the collateral legitimacy, loan body.

(seven) the loan approval

The examination and approval authority, the provisions of 1 loan

The credit loans or mortgage loans 500000 yuan 1000000 yuan, the examination and approval by the general manager and the chairman.

The credit loans of more than 500000 yuan (including 500000 yuan) or mortgage loans more than 1000000 yuan (including 1000000 yuan), by the Commission to the collective approval.

The chairman have loan one vote veto.

2, the loan approval, by the risk management department plans to paper, issued to the customer executive.

(eight) loans

Customer manager and get a loan approval carefully read and according to the requirements for, if some conditions can not be completed, should be timely to the risk management department to play "a pool table" to amend the relevant provisions.

Loan of 5 steps:

1, the implementation of pre loan conditions;

2, to sign the contract [1, loan contract, mortgage contract; 2 (additional terms: the term of mortgage loan to extend two years); 3, the pledge contract; 4, the guarantee contract (usually a suretyship of joint and several liability);

3, implement the payment conditions (such as the first with the self financing, with loans, according to the construction schedule etc.);

4, the transfer payment and loan;

5, the loan data archiving.

 

Seven, the relevant provisions of loan guarantees

 

(a) ensure that person

1, ensure the definition of qualification. "Guarantee law" regulation: legal person has to pay off ability can make people.

2, the "security law" provisions, the following units shall not be used as the guarantor:

(1) the state organs shall not act as guarantors (but with the approval of the State Council for the use of loans of foreign governments or international organizations on the except);

(2) schools, kindergartens, hospitals and other undertakings for public welfare, the objective of social organizations may not act as guarantor;

 (3) department branch, corporate functions may act as a surety (but a branch of an enterprise as legal person is written by the legal person, can provide a guarantee in the scope of authority).

 

 (two) determine the mortgage

1, the "security law" provisions, the following property can be mortgaged:

(1) mortgage all the houses and other fixed objects on the ground:

(2) the mortgagor all machines, transportation vehicles and other property;

(3) the mortgagor shall have the right to dispose of state-owned land use rights, buildings and other fixed objects on the ground:

(4) state owned machines, means of transportation and other property of which the mortgagor has the right to dispose of according to law;

(5) the mortgagor to contract and the right to the use of the contract letting party agreed to mortgage the barren hills, barren, barren hills, wasteland, barren land.

2, the "security law" provisions, the following property may not be mortgaged:

(1) land ownership; (land ownership belongs to the country)

(2) land, land, land, hilly land collective all land use rights, but the mortgagor to contract and the right to the use of the contract letting party agreed to mortgage the barren hills, barren, barren hills, wasteland, wasteland land except:

(3) township (town), the land use right village enterprise may not be mortgaged alone. To the township (town), village enterprises, factories and other buildings of mortgage, the scope of the occupation, except for the land use right

(4) schools, kindergartens, hospitals and other undertakings for public welfare, the purpose of community medical and health facilities, educational facilities and other public welfare facilities;

(5) the ownership, right of use is unknown or disputed property;

(6) shall be seized, seizure, supervision of property;

(7) other property may not be mortgaged according to law.

 

(three) determine the matter

"Guarantee law" provisions of the following articles, the right to pledge:

(1) draft, promissory notes, cheques, bonds, certificates of deposit, warehouse receipts, bills of lading;

(2) negotiable shares, stock;  '

(3) the right to use trademark, patent, copyright;

(4) other rights which may be pledged according to law.

 

(four) the way of security selection

Loan guarantee way: the guarantee, mortgage and pledge. These guarantees can be used alone, also can be used in combination with.

The 1, small loan companies that use a kind of security is not enough to avoid and disperse loan risk, should choose two or more than two kinds of guarantee.

2, a loan is set more than two kinds of guarantee, the guarantee way can guarantee all the claims, can divide the respective scope of the secured creditor.  

3, the same way of security guarantee (guarantee, mortgage, the Pledgor) can be a person, can also be a number of people; can be borrowers, and can also be third.

4, a loan of two or more sureties, small loan companies generally do not take the initiative to divide their creditor's rights guaranteed by the share. If the guarantor requirements into shares of the guarantee, both sides agreed in the contract guarantee.

 5, a loan of two above the mortgagor or pledgor, small loan companies generally do not take the initiative to divide their creditor's rights guaranteed by the share. If the mortgagor or pledgor divided its guarantee a debt share, both sides agreed to in the mortgage contract or the contract of pledge.

 

(five) loan guarantees for the examination(guarantee three)

The petty loan company shall, in accordance with the relevant provisions of laws, regulations and bank related, legitimacy, effectiveness and reliability of strict examination security.

Legal guarantee refers to the guarantee in accordance with national laws and regulations;

Effective security mainly refers to the procedures under the premise of guarantee on the legitimacy of the complete;

Guarantee the reliability mainly refers to the guaranty is compensatory capacity and easy to realize.

1, a security review of major matters:

1) guarantee

(1) the guarantor whether has the qualification to ensure legitimate;

(2) ensure the credit situation, the property ownership and compensatory ability;

(3) ensure that legal person branch, should be required to produce their legal authorization;

(4) other matters that need to be examined.

2) mortgage guarantee

(1) mortgage is legal, regulations to allow mortgage property;

(2) the mortgaged property ownership:

(3) the value of the mortgaged property and its realization feasibility:

(4) mortgage whether other mortgage right shall be established prior to;

(5) the key equipment, complete sets of equipment or important building of state-owned enterprises are mortgaged, the mortgagor shall request issued by the consent of the competent department of the approval documents of the mortgage, but the provisions of the laws, regulations or the relevant state authorities otherwise, according to relevant provisions;

(6) to the collective enterprise property as collateral, should request the mortgagor to issue the workers congress in the enterprise with written proof of mortgage;

(7) the foreign investment enterprise, limited liability company or Limited by Share Ltd property as collateral, should demand that the mortgagor issued by the board of directors of the enterprise with written proof of mortgage;

(8) in the building property mortgage, it shall request the mortgagor to issue a construction project planning permits, construction land planning permits, construction permits, construction land use certificate, certificate and other relevant documents;

(9) to a common property as collateral, should request the mortgagor to issue the property there are other people with written proof of mortgage.

(10) obtained by Huaiba way of state-owned land use rights shall not be mortgaged separately. In order to HuaBa land to housing and other buildings are mortgaged, the right to use the land occupied mortgage at the same time, but must obtain approval in advance of the people's government or the Department of Land Administration agreed to mortgage approvals, and the approved mortgage rate into consideration should pay land use rights, transfer factor.

(11) township (town), the land use right village enterprise may not be mortgaged alone. To the township (town), village enterprises, factories and other buildings of mortgage, it should be within the scope of occupation of land use rights mortgage at the same time.

(12) to the customs supervision of goods import mortgage, shall request the mortgagor to the original certificate of origin issued by the cargo, a contract for the sale of goods, payment vouchers, documents for the transport of the goods, commodity inspection certificate and the approval document;

 3) pledge

 (1) matter (pledge) is legal, regulations to allow the right to pledge;

 (2) matter (pledge) ownership;

 (3) matter (pledge) value and its realization feasibility;

 (4) to the chattel mortgage, the pledgor shall request issued by the real estate commodity invoice and other relevant materials of proof of ownership:

 (5) other matters that need to be examined.

 4) the petty loan company may not accept any of the following cases guarantee:

 The A class (including) the following enterprises to provide guarantee (but there is the ability to repay the exception):

 ② excluding the ground buildings and fixtures of the use right of state-owned land mortgage;

 Including land use rights of the city housing mortgages;

 ④ does not include land use rights of the rural enterprise building mortgage.

 

(six) a guarantee contract

 1, the petty loan company after examination and confirmation by the borrower to provide guarantee in legitimacy, validity and reliability, and the approval of the head office, can be a loan guarantee and the guarantor contract. Guarantee contract shall be concluded at the same time with the loan contract, but in order to facilitate the establishment of a loan contract, also can be concluded in the loan contract before.

2, a loan guarantee contract may take the following forms:

1) small loan companies and guarantee, mortgage, pledge alone to conclude a written contract of guarantee:

2) the guarantor to small loans issued by the company shall bear joint and several liability guarantee:

3) "and other forms of Guaranty Law" provisions.

 The 3, small loan companies can single loan guarantee contract were concluded, also may enter into a contract of guarantee and the guarantor agreement to the maximum amount continuously during a certain period of the loan contract signed.

 In the construction mortgage loans to 4, the implementation of the construction project, the mortgage of land use rights, construction process gradually formed property and eventually formed. In the construction mortgage loan funds can only be used in the construction of the project.

 In the construction of the collateral, shall handle the registration formalities in accordance with the law. The petty loan company deems it necessary, may require the borrowers in the mortgage at the same time, shall provide a guarantee.

 The 5, small loan companies and guarantee a guarantee contract shall conform to the "security law", and agreed to the following special terms:

 1) the guarantor to assume joint responsibility to ensure that (the petty loan company shall not accept the general guarantor provides guarantee). The loan contract, the guarantor shall according to the petty loan company's requirements relating to the management and financial information; (show the difference between two kinds of guarantee)

 2) according to the risk in loan projects, may agree to provide a guaranty contract is independent of the loan contract, guarantee people don't because of loan contract changes or invalid and the unilateral cancellation of guarantee liability;

 3) the operating mechanism and structure the guarantor changes, such as contract, lease, joint-stock reform, joint, merger (merger), joint (cooperative), discrete, the guarantor shall notify the petty loan company in advance and confirm the guarantee creditor's rights, further coordination guarantees or perform the contract and other protective measures, to guarantee creditor's rights from damage;

 4) when the borrower does not fulfill the contract, the guarantor shall on receipt of written notification issued by the petty loan company to fulfill the requirements of security responsibility, according to pay the amount, date, location and other requirements to fulfill security responsibilities. Otherwise, the petty loan company have the right to withdraw from the guarantee account within the accounts payable, ensure people give up right of defense;

5) the guarantee period for the loan contract expires, the principal and interest of the loan is not repaid in 2 years.

If borrowers default, the petty loan company according to the loan contract decided to collect the principal and interest of the loan, start should be regarded as the warranty period;

6) by the mortgagor, the pledgor for collateral, pledge of property insurance, the insurance period should be longer than the term of the loan contract. As collateral, the collateral loss or damage the insurance gold, priority should be to pay the loan principal and interest.

6 small loan companies signed a pledge contract, value shall be agreed with the pledgor matter or pledge of rights, also can hire the relevant specialized agencies assess the value of.

Evaluation method:

Market method, cost method and income method

1) the market method:

Market refers to the use of markets on the same or similar assets in recent transaction prices, generic method evaluation technology through the analysis of direct comparison and analogy to estimate the value of the assets.

2) cost method:

Cost refers to the first estimate is evaluated the replacement cost of assets, and then estimate is to evaluate various depreciation factors capital industry has existed, in general and will be deducted from the cost of replacement and get all kinds of evaluation methods for assessment of the value of assets is.

3) the income method:

The income method refers to the general estimation is to evaluate various assessment methods of the present value of expected future income assets to determine the value of the assets.

 

7, the pledge rate is the estimated treatment cost, depreciation factors matter or pledge right in the pledge period or economic and legal and agreed after deducting the value ratio and the present value of the. According to the charge rate calculation, matter (the value of the pledge of rights) to assume the loan guarantees, shall provide guarantee.

8, mortgage or pledge contract, the petty loan company shall and the mortgagor, the pledgor before the loan contract with the relevant registration authority for the mortgage, pledge or mortgage right registration.

 

(seven) loan guarantee management

1, the loan contract period, the petty loan company loan assets and to set security at the same time check and management, in order to guard against possible risks, to ensure that the set of loan guarantees effective, reliable.

The main contents of the 2, small loan company to inspect the loan guarantee is:

 1) guarantee legal qualifications, credit and ability to repay is changing: ownership, collateral value is changed, the mortgaged property is relevant departments to attachment, freezing, seizure: pledge and the pledge of rights of ownership, the value is changed: the mortgage and pledge on property insurance is out of date etc. the situation.

 2) whether the operating mechanism and structure of guarantor changes, such as contract, lease, joint-stock reform, joint, merger (merger), a joint venture (cooperation), discrete, dissolution, bankruptcy may be influenced by the guarantor to perform the obligation of warranty conditions.

 3) has been set in loan guarantees for change may affect the guarantor to perform the obligation of warranty, the petty loan company shall promptly implement special supervision on the loan and guarantee, and on the basis of the loan contract, the guarantee contract and relevant laws and regulations as soon as possible to take protective measures, such as to require the borrower shall provide guarantee, require the guarantor to advance performance guarantee responsibility or provide new guarantee, require the guarantor to recover collateral, pledge value or provision of a corresponding guarantee, auction or sell the matter etc..

 4) the petty loan company to agree to the extension of the repayment of the loan, if the establishment is the guarantee, the guarantee contract is not independent of the loan contract, the guarantor shall obtain prior agreed to guarantee that the situation; if the guarantee contract is independent of the loan contract, shall be signed with the other guarantor guarantor or the original lender recognition of the guarantee contract; if the loan is collateral or pledge establishment, it shall apply to the original registration authority for registration of change. Otherwise, the petty loan company shall agree to postpone the repayment.

 

(eight) the guarantee creditor's rights

 Upon the expiration of the term of performance 1, loan contract, the borrower fails to repay the principal and interest of the loan or borrower all, because of serious breach of contract, the petty loan company need to recover the loan principal and interest and the borrower cannot repay, the petty loan company shall promptly in writing require the guarantor to perform the obligation of guarantee.

 2, the same loan both guarantee and mortgage or pledge collateral, should first realize the mortgage or pledge guarantee; if the mortgage or pledge the results did not meet all the claims, the petty loan company shall timely request the guarantor to perform unpaid debt guarantee obligation, but not to give up on the mortgage or pledge guarantees and direct requirements guarantee performance guarantee obligations.

 3, if the same set of more than two loan guarantee way, and the guarantee creditor's rights guaranteed by the range has been divided in advance in the contract, the petty loan company can simultaneously to the warranty claim.

 4, when the mortgage is realized, and the mortgagor shall reach an agreement to dispose of collateral agreement; if not, bring a lawsuit to the people's court shall timely.

 The main way to dispose of the mortgaged property:

 1, discount, in accordance with the method and the prices and mortgage prior agreement, the transfer of ownership of collateral for small loan companies, to offset the debt (which is often said to material bonded);

 2, the auction, the collateral to transactions of property rights institutions concerned or for sale in the supervision of the people's courts under:

 3, the sale of mortgage, that is agreed between the parties, the collateral transfer to third people. If the collateral to limit the circulation of materials, should be submitted to relevant departments according to the provisions of the State shall be acquired.

 Processing mortgage, pledge or mortgage rights of the price, according to the following sequence of allocation using:

 1, to achieve debt costs:

 2, pay the loan principal and interest owed by the borrower and payable breach;

 3, the remaining price returned to the mortgagor or pledgor.

 

Eight, post loan management regulations

Credit management: refers to all the management activities during the issuance of credit date to the date of termination of the credit business. Including the basic management, loan after loan after the inspection, risk early warning, the management of non-performing loans, credit business service management, post loan management responsibility system. The loan after the inspection regulations:

 

(a) the basic management after loan

1, the credit business and recovered, post loan management personnel should timely registration of credit business ledgers, contain the basic situation, amount, term, interest rate, use and repayment of principal and interest and other necessary information. Periodically prepare business reports.

2, credit management, customer manager shall submit to the archivist transfer credit level one or two file data in accordance with the provisions, shall be kept by the unified file of full-time management personnel, the concrete implementation of "credit file management measures".

3, customer manager shall regularly collect credit customer financial statements, credit customer query in each month is due within 60 days of the archives, to the repayment examination preparation.

4, customer manager according to the relevant provisions, timely, objective do risk classification, credit customer credit rating, the concrete implementation of "five class classification management regulations", "credit rating management regulations".

(two) the loan after the inspection

During the validity of the credit business, customer manager should check the loans on a regular basis credit customers, the use of loan business, customers, settlement account capital transactions and collateral material and other aspects of a comprehensive examination, examination methods can be divided into the on-site inspection and off-site inspection:

1, On-site inspection; to adhere to regularly and irregularly to the borrowing enterprises on-site inspection. Regular spot checks is mainly to understand the loan enterprise's production operation, materials and goods inventory, against (quality) of collateral and facilities and equipment in good condition; not regular spot checks found primarily accounts of enterprises and the financial statements of abnormal conditions or other warning signals, field verification.

2, Non on the spot report checkBy viewing the borrowing enterprise account; capital flows and changes, check the loan applications and loans. Through the examination of the financial condition of corporate financial statements, cash flow and the repayment ability of borrowers.

3, loan after the inspection frequency

(1) for the first time tracking examination within 10 working days after the occurrence of credit business. The focus is to understand the basic situation of the enterprise, to verify the business purpose of loan.

(2) the bank acceptance bill discount, 100% certificates of deposit pledge low credit risk can be adjusted according to actual situation;

(3) each credit business before the expiration of 1 months should be a focus on site inspection, check the customer's credit repayment capacity and funds;

(4) on the occurrence of debt, loans overdue, should be immediately checked.

(5) focus on examination. Whenever the early warning signal or by non site inspection found suspicious circumstances, at any time to check.

(6) if the loan documents specified in the inspection frequency, according to permit execution.

4The content of the loan after the inspection

(1) the use of the loans examination. Customer manager to review the business plan with money and purchase contract, tracking the credit funds flow, ensure that the loan in accordance with the agreed purposes. Such as the discovery of the loan use inconsistent with the contractual, to suspend the enterprise funds, and a deadline for correction.

(2) enterprise fund turnover situation. To closely follow the enterprise funds in the purchase, production, sales (import and sale, etc.) use and turnover situation of each link, change examination and analysis of fund loan business turnover. Special attention should be paid to change purchase, marketing, purchasing, sales on consistency, bill and real prevent the resort to deceit, transfer of funds.

(3) to examine the borrower. Is the loan business, management situation analysis comprehensive examination. Shall include the following contents:

A) the production and management of the enterprises, including market demand, product orders and production technology, production capacity, material, cost, such as sales, accounts receivable turnover, inventory turnover;

B) the enterprise main financial indicators, including assets and liabilities Total and structure changes of output, sales revenue and benefit; change; the cash inflows and outflows changes; such as current ratio, quick ratio, asset liability ratio, sales profit ratio;

C) enterprise debt, such as credit among all bank loans, bank acceptance and use of credit and payment, situation, in all financial institutions financing and performance, such as whether the loan overdue, the interest and the five category loan quality classification.

D) check whether debt financing. Regular measurement of credit customer main business cash flow, combined with the enterprise sales of loans and deposits in the bank settlement, and the handling of other business status, analysis whether the scheduled payment of debt.

E) industry inspection. Through public media, and the operator interviews or third party channels understand the macroeconomic situation, the national policy changes on the impact of customer credit industry; credit the customer changes of the competitive environment and market share of the industry. Focus on understanding the effect of industry economic policies, management situation of credit account solvency.

F) or liabilities and significant matters in check. Check customer credit guarantee changes and other legal disputes, major investment, enterprise reorganization, restructuring and other;

G) the comprehensive quality and their change leadership borrowing units. To understand the internal organizational structure, management system, management personnel, management level, management strategy and mode of operation has no change; the key management personnel and bank attitude has no change, debt will have no change.

H) enterprise reform. The transformation behavior of enterprises have to pay special attention to, focus on understanding the credit customer if borrow change name, evasion of bank debts. Once such a situation, family account manager shall report to the head office of the relevant departments in time, at the same time, should actively take measures, guarantee the security of credit assets;

(4) Project loan should add the following content:

A)    Capital projects and other sources of funding the implementation;

B)    Progress of the project is successful, the construction progress is in accordance with the plan, there is no longer, what is the extension of reason;

C)    During the course of the project total investment is a breakthrough, the reason and the amount of breakthrough;

D)   The project put into operation or after the completion of the benefits, the market situation;

F)Real estate loans should check the housing sales progress.

(6) to inspect the security situation

The guarantee is the second line of defense security of loans. When the loan first source of repayment is not able to repay the loan, the bank can guarantee jointly and severally liable for prosecution, the loan repayment.

1 to third people) credit guarantee for security. After the loan managers pay attention to the guarantor's ability to change, multi-level to guard against the risk of loans. According to the security requirements of the contract, supervision and management according to the factors that influence the ability to guarantee and guarantee the effectiveness of the.

2) to mortgage, pledge guarantee. Post loan management personnel to strengthen the mortgage and pledge supervision and management. The collateral to regularly check their integrity and value changes, prevent the ownership in the unauthorized disposal of collateral without the consent of the company, mainly to check the following:

A) changes the value of the collateral;

B) collateral secured;

C) collateral have been sold or is sell sell sell;

D) collateral insurance expired without timely continued insurance;

E) have been transferred to the bank is not conducive to the monitoring of the local collateral;

F) qualitative changes in the value of;

G) pledge certificate has expired;

H) or safekeeping, no damage to pledge certificate.

5, The loan after the inspection report

After the post loan management personnel in the credit after inspection, writing credit after inspection reports, loan after the inspection in addition to reflect the production and management of assets and liabilities, customers, internal management and guarantee the implementation of the change, but also on the customer development scenario, debt paying ability and the loan risk factors analysis, forecast, propose feasible suggestions,, submit the relevant leaders to make decision reference. Suspicious and major cases, according to the requirements of the formation of the loan after the inspection report and the risk early warning report.

 

(three) the risk early warning management

The credit risk early warning mechanism is to check the credit staff through regular or irregular loans (including on-site inspection and off-site inspection) to detect early warning signals of credit risk, using the method of qualitative analysis and quantitative analysis, early identification of risk categories, degree, cause and its development trends, and loans to the problems by the specified limits of authority and procedures to take targeted measures, prevention, control and dissolve the credit risk and.

1, risk early warning

Loans risk early warning signals including the financial status signals, operating efficiency in the early warning signal, internal accounting early warning signal, guarantee status signals a warning signal, non financial factors, and financial sector warning signals, as the credit personnel mainly based on customer credit risk recognition.

(1) the financial status signals:

A) more than the industry average debt to asset ratio;

B) increased significantly compared with the beginning of assets and liabilities;

C) flow rate is lower than the industry average;

D) flow rate than at the beginning of the year dropped;

E) quick ratio at the beginning of a sharp decline;

F) current liabilities increases greater than the increase in the flow of assets;

G) industrial finished product production enterprises funds accounted for current assets accounted for more than the industry average;

H) industrial finished product production enterprises accounted for a high proportion of capital assets;

I) accounts receivable liquidity is too high proportion;

J) accounts receivable increased by more than the increase in sales revenue;

K) other receivables accounts for a high proportion of current assets;

L) accounts receivable turnover rate is greatly reduced compared with the same period;

M) inventory turnover rate is greatly reduced compared with the same period;

N) accumulated not cover losses accounted for high proportion of net assets;

O) of foreign equity investment accounting for assets;

P) misappropriation and diversion of flow of funds for investment in fixed assets;

Q) the change in registered capital

R) or an increase in liabilities

(2) operating efficiency in the early warning signal:

A) sales revenue over the same period last year decreased greatly;

B) profits over the same period last year decreased greatly;

C) sales profit rate below the level of the same industry or decline more than the same period;

D) from operating activities net cash flow to reduce;

E) deposits declined greatly;

F) to reduce the rate of the loan business;

G) compared with the beginning of a substantial increase in loan.

(3) the internal accounting early warning signal:

A) aged more than 1 years of accounts receivable ratio is too high;

B) prepaid expenses account for a large proportion of liquid assets;

C) intangible assets to total assets of the larger;

D) deferred assets total assets accounted for a larger proportion;

E) deposit accounts inconsistent;

F) depreciation of fixed assets or financial expense accruals deficiency;

G) phenomenon of liability unrecorded;

H) the registered capital of not according to stipulations in place;

I) overseas investment loss.

(4) secured status early warning signals

A) guarantee. The guarantor does not guarantee qualification, no compensatory loans or refuse compensation loan interest, than a guarantee period.

B) mortgage. Not for mortgage registration, mortgage difficult to dispose of, the value of the mortgaged property deficiency.

C) pledge. There is a gap between the power of actual income and expected income mortgage, pledge to disposal, qualitative value problems.

(5) non financial early warning signal

A) management and board members are larger contradictions;

B) the major operators often out of high consumption places;

C) internal organization is not reasonable, the low level of management, internal many cases;

D) financial system is not sound or the management of confusion, the report is not true or providing multiple sets of statements;

E) financial system changes;

F) major projects failed to reach the expected goal;

G) external expansion exceed its capacity;

H) regular wages owed to workers, emotional confrontation;

I) illegal operation;

G) deterioration of business partnership;

K) penalty tax or business, environmental protection departments;

L) fails to handle the annual inspection procedures;

M) the frequent replacement of the clearing bank;

N) lead to intellectual property disputes;

O) user complaints on product quality and service level of increase;

P) changes the nature of the business;

Q) associated companies or major shareholders change;

R) the overall industry decline or belongs to the emerging industry;

SEmergence of major technological change, affect the industry's products and production technology changes;

T) the economic environment changes, impact on the development of the industry;

Y) changes in market supply and demand;

V) the government policy to strictly limit the development of the industry;

W) suffered from serious natural disasters or accidents, causing the loss of property.

(6) and financial institutions warning signal

A) or other financial institutions of the people's Bank announced the bad credit customers;

B) evasion of bank debts;

C) can not repay the debt, by creditor against the;

D) in bank loans;

E) on the change of the attitude of the banks, the lack of honest and cooperative attitude, leaders met with difficulties, home often unmanned or lose contact;

F) can not be timely or refuse to banks to provide financial statements and other statements;

G) to the bank to provide false financial statements or other information;

H) to his line of credit application was rejected;

I) multiple source of repayment is not implemented;

J) fixed assets or liquidity financing plan is not clear;

K) enterprises in the bank balances and decreased proportion;

L) obtain financing from other financial departments to informally or unreasonable conditions;

M) companies often issue lip-service;

N) relief for the banks to loan interest.

2, the loan risk early warning signals and risk prevention measures

Credit personnel should check the loan customer post loan, the warning signal inspection found, to reflect the detail in the written examination report, and to take timely measures to avoid and control the risk, including the deadline to correct, adjust the credit classification, grade or risk adjustment credit lines, to supplement the collateral or a guarantor, increase stop for new credit, loans have been recovered and other measures, as follows:

A) for some more practical or potential risk to customers, credit manager, branch manager should participate in the credit asset check;

B) for overdue interest bank loans to customers, should immediately check on the Bank of the foreign currency debt (as in all bank deposits, such as equity), when necessary, directly from the bank account deduction has owed the bank loan. Such as the great risk for judgment, signed with the customer credit contract with protective provisions agreed, according to the loan contract and implementation, take announced the termination of drawing or immediately due and other measures;

C) for arrears of principal or interest, or cause the bank was forced to advance within the period stipulated in the still not correct, to immediately cancel the customer to open lines of credit; a larger risk general credit customers (or overdue months to six, two consecutive interest settlement day interest, loan classification results for secondary or lower), in handling the specific credit business, according to the examination and approval authority shall. If the circumstances are serious, and even the need to remove all the credit cooperation with customers;

D) found credit contract or guarantee of the terms of the contract is not conducive to the protection of the rights and interests of the existence of loopholes in the bank or credit assets inspection, to take the necessary remedial measures in consultation with the parties concerned, or change the terms of the contract or re sign;

E ) to find the bank credit funds use inconsistent with the contractual customer, to take timely measures to the deadline for the customer. Can not set a deadline for correction, depending on the seriousness of the recoverable all loans and credit commitments, and be investigated according to the relevant regulations;

F) secured loans overdue, should immediately check the guarantee of the third party compensation unit, or against collateral liquidation value, for which the guarantor compensatory capacity is insufficient or mortgage, pledge declined under actual ability to guarantee the credit business, shall be in accordance with the contract or in consultation with the customer on the basis, to take additional security adjust the structure, guarantee (mortgage, pledge, guarantee of the third party), immediately secured debt and other measures, reduce loan losses;

G) regularly or irregularly inspect the arrival (quality) of collateral. For perishable against (quality) of collateral, must be on the shelf life, storage management for track inspection strictly, guard against (quality) and property modification, shelf life; regular or irregular supervision inspection to warehousing goods and the actual number of pledge pledge is consistent, whether the goods delivery procedures price how much funds into the deposit accounts; for the Auto Certificate for bank supervision, the sale of cars as pledge, should always check the vehicle certificate and the real car, and check the chassis number, engine number, to ensure against (quality) of collateral security; on the midway transformation against (quality) of collateral. The situation, must be the arrival (quality) of collateral market price, quality and so on, never replacement shoddy, with a flat pin, slow-moving brand, model, liquidity strong marketable commodity exchange of commodities;

 H) for temporary business difficulties, have been or may have the risk of customers, and customers to save the company management difficulty or crisis consultations, through negotiations is to adhere to the requirements of customers, repayment of arrears, or require customers to change the scale of operation or management direction, so as to increase the bank to recover the remaining arrears opportunity; or propose to the customer or the debt restructuring program, including revaluation project cash flow, to determine the customer to repay bank loans (advance) the principal and interest of the schedule, and require the borrower to board through debt restructuring program, the supervision by the customer according to the implementation of the program, to ensure that customers timely repayment;

I) for the supply of raw materials or product sales difficulties and the impact of the bank loans return customers, can according to the demand of the leadership report or reported to the head office, the rational use of bank customer resources, arrangement and the main customers of related upstream and downstream enterprises consultation for clients, mainly under the influence on related enterprises, such as improving the raw material credit, payment solutions to pay, ease operation production management or financial difficulties;

J) for lack of capital or the high cost of overdue loans to customers, help customers looking for low - cost financing channels for new or increased capital liabilities, such as assisting customers for the issuance of corporate bonds, or assist customers for joint ventures, and other customer partnership or joint venture and other forms of absorption of external funds owing on the loan;

K) has been or is expected to appear was forced to loan principal and interest of loans overdue or bank credit customers, try to closely track the internal bank and other bank account funds transfer, checking units loans and large sums of money in the bank and bank account number and other information, through legal procedures for freezing its large capital account ready;

L) for the legal representative holding a foreign passport or having foreign permanent residency, which owned enterprises, has branches in foreign countries, the main members of its family settled or start a company's private or foreign joint ventures, wholly foreign-owned enterprise loans in foreign countries in foreign countries, with special attention to the legal representative of funds abroad and business situation to prevent the transfer of funds abroad, or the use of funds of unknown transfer behavior, prevent absconding with money. Once these signs, to stop;

M) for lack of repayment sincerity customer, should be reported to the approval of the head office, through administrative, legal means (such as a lawyers letters) or the related upstream and downstream enterprises to exert pressure, affect its to repay the loan effort; when necessary, take the media exposure of wrongdoing, customers will be included in the customer's Bank, the relevant parties, the people's banks such as the "black list" and other means, to urge the customer repayment or reduction of further losses;

N) for the loan of state-owned enterprises, consultation with the government departments concerned, to obtain repayment commitments or preferential policies (such as tax reduction and exemption Fu owing on the loan, such as the disposal of collateral);

O) submitted to the relevant organization for arbitration or the prosecution in accordance with the law, the investment banking business to implement the reorganization of assets and other economic, legal means.

 

(five) the principal and interest of the loan collection management

1, each credit expires 10 days ago (long-term loans before January), customer manager should in principle be issued a prompt repayment notice to customer, inform its arrange funds, according to the repayment. Occurrence of prepayment, news agency branch approval, handle the relevant repayment procedures.

2, credit expires, family shall be responsible for urging customers to repay debt debt settlement, check whether the customer, inform the accounting department to deduct the customer due and not initiative to return part of the debt, and assist them to handle the relevant formalities.

3, customer manager shall bear interest within 7 days before to remind credit customers in accordance with the contract (agreement) agreement on time interest. Settlement day interest, obtain customer ledger from the accounting department, overdue interest notice, notice the possible sanctions, urging customers to repay debt. On the due and not repaid loans to customers, should be in after the expiry of 7 working days, customers and guarantee a collection notice, interest and principal payment and collection.

4, the collection has not yet recovered, included in the list of the corresponding key supervision, take the following measures:

(1) notice the accounting department pay close attention to customer deposit account funds changes, active customer arrears deduction of interest and fees;

(2) regular appointment with a client is mainly responsible for people, instruct them to take measures, the performance of the contract;

(3) the disclosure of relevant information to the local government and the financial supervision and regulation department or the news media.

(4) according to the relevant provisions of the management of non-performing assets of the bank, into the non-performing asset management process.

 

(six) post loan management responsibility system

1, check the customer manager is in charge of the enterprise after the principal and interest of loan and collection; collection of enterprise's operation and management information, analysis of production management and balance changes of enterprise credit management system, registration; fill in by the requirement of the loan after the inspection table, by the business manager for review, after the signature and credit files stored together on the ten large loans; (the amount of the loan and the amount of non-performing loans of ten households), the loan after the inspection table must be approved by the branch manager (Manager) review, sign and credit files stored together.

2, branch manager should carefully review the user personnel credit after inspection reports, the abnormal situation timely organize business review. Possible impacts on the security of credit assets, put forward written opinions of risk prevention and resolution, the president in charge of the branch with the consent of the relevant departments, submit a report to the head office. Regularly (generally for a maximum of one time three months) inspection check customer manager after the loan, not completed on time, to criticize, to urge the completion.

3, the branch manager (Manager) for the (Department) is responsible for the implementation and effect of management after loan, and focus on mastering the (Department) management ten big borrowing large loan; at least every three months to listen to customer manager in charge of the customer on the report of the risk of the loan; a high degree of enterprises one by one, are analyzed, and puts forward the measures of strengthening supervision; the family customer manager, business manager responsible for coordinate and solve the problems reflected; responsible for the reporting of major issues in management after loan to the superior.

4, improve the major reporting system. The branch to "notice" on setting up a system of reports of major customers requirements for abnormal situation, the existence of the following timely reported to the head office.

(1) the legal representative of the borrower or replacement; senior management or board of directors for embezzlement, bribery, fraud or illegal major cases members; appeared to be industry and commerce, taxation and customs, the CSRC and other countries have the right to administration punishment situation;

(2) the borrower, mergers, joint ventures, the implementation of the merger, division, contracting, leasing, equity capital movements, major assets transfer and other acts that may affect the safety of the bank's credit in the process of conversion;

(3) in new loans overdue interest or year, imprest for off balance sheet business etc.;

(4) loans have designated customer, such as securities company, listing Corporation, misappropriation loan etc.;

(5) the customer incident on the normal operation of threat or have a significant adverse effect on the repayment ability, including but not limited to major economic disputes, or involved in litigation and arbitration cases, bankruptcy, the deteriorating financial situation; loan project in the event of a major change in construction period;

(6) the borrower and any other creditors arising under the contract major event of default (as in his line of large loans overdue interest, etc.);

(7) the client has huge amounts of money transfer, listing Corporation appeared abnormal stock price abnormal fluctuation etc.;

(8) other significant matters should report.

5, the accounting department and credit departments should cooperate closely, timely communication of information, the common good of the enterprise account supervision and loan interest deduction.

(1) the accounting department interest owed enterprise itemized account to the credit department in the settlement of the next day and the beginning of each month.

(2) the credit departments need to focus on monitoring the interest of loan enterprises list to the accounting department, and put forward the deduction, the accounting department counter staff in accordance with the credit department's request, the loan will assist credit department supervision of client money, account management to perform the credit department requirements proposed by.

(3) the accounting department through the monitoring of key customers about the account balance changes, to understand and grasp the customer cash flow, reflect to the supervisor and the credit department.

6, internal inspection. Head office credit management department and the audit department every six months to subordinates for at least an internal management inspection; the branch at least every quarter arrangement of an internal management inspection, each internal management examination, should form a written inspection report, submitted to the branch (Office of inspection department submitted to the Department Manager signature file storage) review. To find the problem timely organize branch rectification; may affect the safety of assets, in conjunction with the head of the relevant departments to implement risk mitigation measures.

Head office credit management department and the audit department to examine the following contents:

(1) investigation, review, approval of work post credit due diligence;

(2) the daily management of credit and credit customer post loan management compliance requirements;

(3) review customer's credit loan after the inspection report;

(4) the implementation of credit policy. There is no violation of the provisions of the state and the head office of the credit business;

(5) the implementation of compression of non-performing loans, credit withdrawal plan;

 

(seven) of bad loans

The identification and registration agencies and risk management departments should do a good job of non-performing loans, to do a good job of non-performing loan examination, classification, monitoring and analysis, a true reflection of the quality of loan assets situation, put forward to prevent and resolve the non-performing loans measures, regular report to the supervisor and the superior leadership.

1, branch collection measures

(1) the branch should increase the non-performing loan collection efforts, compliance risk management department to assist.

(2) one by one analysis of loans, according to "the principle of easy to difficult" one of a strategy, develop collection methods and specific measures to implement the non-performing loans, responsible person, develop the collection work target.

(3) master the dynamic situation of the borrower, strengthen the identification and management of risk early warning signal.

(4) to establish and improve the aging early warning mechanism, in order to prevent the loan period exceeded the limitation of action led to the loss of legal protection of the litigation period, the debtor within promptly issued loans overdue change notification, and signed by the debtor and guarantor stamped, signed receipt, the loan will be in excess of the limitation of action timely report to the leadership, and put forward opinions.

(5) when necessary, within the scope of authorization may take proceedings according to law, the debt settlement of non-performing loans.

2, risk monitoring and management

Compliance risk management department as the bank non-performing loan monitoring functions, real-time monitoring of non-performing loans, found early warning signals, timely issue risk prompt.

Credit management department of management after loan Gang is in charge of the branch is in charge of the branch, monitoring of non-performing loans, and compliance and risk management department actively assist the branch in treatment of post loan management process problems and difficulties.

3, the formation of recovery scheme, the liquidation

4, the loan procedure, the loan procedure management according to the "Regulations" enforcement cases.

5, the debt, debt assets management in accordance with the "Regulations" implementation of debt asset management.

6, write offs, write offs management according to the "Regulations" implementation of write offs.

 

Nine, credit file management regulations

1, archives management

A) credit archives to the head office and branch of the two level management.

B) credit files in accordance with the "confidentiality, integrity, normative" requirement, implement the management "special, special boxes, counters". "Secrecy" means any person involved in the commercial bank credit file information confidential shall not leak; "integrity" is refers to the archives for content integrity, complete elements; "normative" refers to the establishment of credit archives science, reasonable requirements, specification, easy to find. "Person" means the credit archives must be managed by designated personnel responsible for; "special case" refers to the credit archives must be according to the customer, the credit business is stored in the file box; "counter" refers to the credit archives storing cabinet is not used for storage of any other items.

C) credit archives of debt certificate and bank important responsibilities for each branch, regularly supervise, check the credit records management requirements shall be in accordance with the provisions of the work, found the problem must be timely treatment, major problems should be promptly reported to the head office credit management department, audit supervision.

2 classification management, archives

In order to facilitate the management and utilization of the credit archives, divided into the following two categories: credit business, the credit business of archives two archives.

(1) class C files including: arrival (quality) and ownership, use right or documents, has for touch (Qualitative) and registration of He of warrants or other related documents, list all the mortgage, pledge of rights of valuable documents, warehouse receipts, bills of lading, pledge of automotive qualified certificate (at present according to the actual operation, the bank's Auto Certificate by the branch custody), arrived in (Qualitative) and property insurance policy against (quality), and the notary certificate, to guarantee insurance for collateral shall also include the guarantee insurance.

(2) credit level two file archiving data application for loan, the loan contract, the guarantee contract, against the major (quality) of mortgage contracts, approval, loans to loans, loans (interest) collection notices, repayment plans, credit approval, credit rating, power of attorney, the loan application, the loan before the survey report, loan after the inspection report, the credit level of a copy of the file, the borrower qualification documents (including the establishment of approval, business license, certificate of legal person code, tax registration certificate, the articles of association of the enterprise, joint venture contract, if the real estate development loans, should include the project approval, construction land planning license, qualification certificate, land use permits, construction permits, investment licenses and other information), a copy of the identification certificate of the legal representative and the copy of ID card, the borrower's financial statements (at least three year and the recent two months) and the guarantor of financial statements and other materials to archive.

The collection and collation, file 3

End, the actual approval in the business review (hereinafter referred to as "business after"), the credit archives branch by branch manager client manager (Manager) arrange credit data, to the designated personnel branch credit archives management, after the preliminary examination, the officers assigned to the credit business the original data were sorted, fill volumes within the directory data is completed after the workout, "credit file transfer list".

A) over credit business of archives in principle for real-time transfer, if the credit department is not easy to transfer real-time head office archives can mass transfer, but the business of each file transfer time most late to 3 working in business after day;

B) level two file transfer transfer credit business requirements within 5 working days after the occurrence of the business;

C) the bank acceptance level two file draft business request over 7 working days after the vote in hand.

Audit records management group credit supervision department receives a credit file must perform handover procedures strictly. Branch to file group transfer credit archives, need double escort over, according to credit management requirements of the transfer list in two copies, after the transfer, the care recipients over a. Archives management personnel to receive the customer credit files, must according to branch (Department) to list the column by the audit. The audit is correct before the handover procedures. For the problem of archives shall be promptly returned, and urge the transfer of personnel as soon as possible to complete the data or modify the wrong part, re apply for the transfer of work.

4, check the

Credit archives involving the state, banks and enterprises, access to secret, archives management personnel and other relevant personnel are required to strictly enforce the secrecy system.

A access). Branch (Department) complete the file access through the credit management department approval of the single audit signature directly into the file audit department supervision group for retrieval, archives management personnel must be accompanied by reading.

B) borrowed. Branch (Department) complete archives borrow single the credit management department review review, make credit management department approval audit signature, and a head office in charge of credit bank approval to archive the audit department supervision group for lending. Loan credit warrant file must be borrowed Attn original copy and sign corresponds with the original to file group retained, loan credit two archives according to management needs to copy.

C) extraction. Branch (Department) complete the file extraction by credit management department review review, make credit management department approval for examination after the signature directly to the internal audit file group for the extraction of. Credit archives administrator with extracting cleared "warrant file extraction of single" refund warrant documents. Have the extraction of valuable documents, by extracting cleared "warrant file extraction", for the procedures in accordance with the "important blank vouchers and documents management regulations" the requirements of price.

 Review (nuclear) written proof personnel should check the accounting department issued in signing extraction warrant file credit service end or business management, to confirm that the warrant file corresponding to the credit business has been cleared or handle. The accounting department should be based on the credit department's request, on verification issued by the relevant written proof of credit business end or business management (clerk signature and the business seal).

 

Ten, the loan classification management regulations

Loan classification refers to the credit analysis and managers of the bank, can all the information obtained and use the best judgment, according to the level of risk loans made to loan quality evaluation. Loan classification includes not only the result of classification, including process.

(a) why the classification of loans (the meaning of classification)

Characteristics of 1, loan decisions inherent risk through loans, loan classification can measure and reflect the inherent risk.

First, the loan has the inherent risks. From the bank's point of view, under normal circumstances, the deposit is due to payment, but the loan maturity is not necessarily to recover. This is because the loan from the date of issuance, accompanied by risk pour account. Bank balance sheet reflects the information, asymmetry, can not fully reflect the true value of loans or loans, the risks inherent in that.

Second, the loan can not according to the market price setting. For any market assets, such as securities, can according to the market price setting. But under normal circumstances, the loan itself does not have the market, so there is no market price.

Third, the loan information asymmetry. Borrowers know about the market environment, financial situation and repayment will be more than the bank. Asymmetric banks could not eliminate this kind of information, but can reduce the harm caused by asymmetric information through loan classification.

2, the loan classification is the need for bank business.

3, the loan classification is the Central Bank of financial supervision.

Loan classification standards 4, unity is the use of external auditors power need of financial regulation.

Loan classification standards 5, unity is necessary condition of problem financial institutions use the market mechanism. When a financial institution has the problem, need to be mergers or acquisitions, potential investors need to understand the mechanism of the net. Therefore, to allow its investment assets. So, we need a unified measure of value.

Two.Name, loan classification standard and its meaning

1, one day more than two: by 1998, the loan classification method in our country basically is the rules followed in 1988 the Ministry of Finance 'financial and insurance enterprises in the financial system', the loan is divided into normal, overdue, dull, bad debts, after three group of non-performing loans (hereinafter referred to as "one day more than two"). Mainly in accordance with the loan due to return to distinguish the type of loan, simple, at the time of the enterprise system and financial system, plays an important role in.

A.: the next day overdue loan from the loan maturity, did not repay the loan.

B. idle loans:

(a) over a 90 day loans overdue loans;

(b) the loan is not overdue, or within 90 days, but the production and management has been terminated, project construction loans (excluding the bad loans).

C. bad loans

(a) the borrower and guarantor is declared bankrupt according to law, revocation, dissolution, liquidation, the loan is not repaid;

(b) does not conform to the provisions of the preceding paragraph, but determined by the relevant departments, borrowers and the guarantor has actually gone bankrupt, was withdrawn dissolved in 3 years, to pay off the debts, loans still failed to pay off. Or recognized by the competent authorities have ceased operations, by the administrative department for Industry and commerce at or above the county level shall revoke its business license according to law, terminate the qualifications of a legal person, the bank to recover the borrowers and guarantors, failed to recover the loans;

(c) the death of the borrower or according to the provisions of the general principles of the civil law, the declaration of a person as missing or dead, the bank settlement on the property or inheritance, failed to recover the loans;

(d) cannot be borrower and guarantor to repay maturing loans, we resort to the law, to the court for compulsory execution, the borrower and guarantor of the property is insufficient to execute or no property available for enforcement, the court is unable to recover the loan after termination of execution;

(E) the borrower shall be subject to sanctions, in violation of the law, the property is insufficient to return the loan, and no other debt undertaker, confirmation of uncollectible loans;

(f) because of the above reasons the borrower and guarantor can not repay the debt due in accordance with the law, the debt expiated assets, the debt assets valuation difference value is less than the loan principal, the recovery is not recoverable part.

However, with the deepening of reform and opening-up, one more than the limitation of two stay began to appear. From the point of view, can be summed up in the following problems:

One is the recognition of the quality of credit assets lag. The outstanding loans are not necessarily normal. Especially the loan project long term, although has not expired, but the borrower may have lost the ability to repay. According to one day more than two standard, is normal. This is not conducive to the early detection and prevention of credit risk.

Two is not a standard strict, is not conducive to the true measure of loan quality. Overdue loan standards are too strict, overdue day even if non-performing loans, while the general international practice for more than 90 days before the date into bad loans; on the other hand, definition two stay as non-performing loans and too wide. Overdue for more than two years or even less than two years, but the management, project was designated as the horse stopped dead. According to the international practice of accounting standards and Prudential, such loan contains at least a part of the loss of loan. As for the bad loans, most of which have been formed should logout failed to cancel the problems left over by history.

In addition, the relevant provisions in the accounting standards, two years overdue loans to credit ceases, leading to bank earnings overestimated; provisions for loan loss reserves, and the bank's cost of operation underestimated, and its consequences is the banks have to pay excess inflated profits tax and extra dividend price. At the same time, it is difficult to timely write off bad loans, loans to make up for the loss, but also means a reduction in real bank capital. Though this is not a day more than two itself ills, but instead of one, all from the system weakened the ability of banks to withstand risks.

2, the five grade classification: bank loan classification method currently used is five grade classification, the five grade classification method is based on the loan risk degree, the loan can be divided into five categories, namely, normal, attention, secondary, suspicious, loss. Standard five class classification has a content of the core, that is the possibility of returning loan. And decided to loan will repaid, the repayment ability of the borrower is the major factor. 

1) the normal kind of loan is the borrower is able to fulfill the contract, fully grasp the repayment of principal and interest on time and in full;

2) concerned about the type of loan refers to though borrowers are currently able to repay the loan principal and interest, but some may have an adverse effect on the repayment of factors. As the name suggests, should pay attention to this kind of loan, or to monitor. The loss probability of such loans at best, no more than 5%. After 90 to 180 days of loans, at least to be divided into the category of concerned.

3) subprime loans is the borrower's repayment ability appeared obvious problems, relying on its normal operating income has been unable to guarantee full repayment of principal and interest. The principal and interest of the loan loss probability between 30% and -50%. From the perspective of the period, in 181 days to 360 days overdue loans, at least to be classified as secondary.

4) doubtful loan refers to the borrower cannot repay the principal and interest in full, even if the execution of collateral or guarantees, is also sure to cause a part of the loss. All the symptoms which have subprime loans, but the degree is more serious. If there is a mortgage loan, even if their mortgage, the loan principal and interest is bound to happen the loss. Generally speaking, this kind of loan loss probability between 50% to 75%. From the perspective of the period, in 360 days to 720 days overdue loans, at least to be classified as suspicious loans.

5) the loss class loan refers to after taking all possible measures and all the necessary legal procedures, still unable to recover the principal and interest, or only a small portion can be recovered easily understood, is that no matter what measures and fulfilled what program, loans are doomed to a loss. Or they can recover very little, but the value is very little, from the bank's point of view, has no meaning as bank assets in the book reservation. Needless to say, the loss probability of this lending basically in 95% to 100%.

 

(four) the loan risk classification procedure and method

Manager of each business clients prepare relevant materials, fill out the loan risk classification of working papers, approval, loan classification that list, put forward a preliminary opinions on the classification, and input the credit risk management system.

Manager of each business clients where the Department is responsible for the review, and input the credit risk management system. Or the general manager of the operating agency president after the signing in accordance with the approval authority to the head office credit management department audit, and input the credit risk management system.

The head office of compliance risk management department to review the classification of views, in accordance with the recognition authority competent governor and loan risk classification recognition group for approval, and the examination results into the credit risk management system.

1, the loan risk classification worksheet

During the inspection, we adopt various kinds of information discovery and analysis of working papers are collected and concentrated inspection, important information and analysis, credit file data, ratio and a variety of related data, were recorded in the working paper.

                                   Loan classification confirmation form

The lender name (1): Hainan commercial bank
The loan risk classification (2)				Borrower name (3):
Normal:		Pay attention to:			The properties of (4):	Customer Manager (9):
Secondary:		Suspicious.			The type of industry (5):	Classification of deadline (10):
Loss:					The main business (6):	Fill in the form of people (11):
					Registered address (7):		The trial table man (13):
					By way of security (8):
The loan contract number (14)	The loan type (15)	Contract the amount of loans (16)	Classification of deadline day loans (17)	Loan contract (18)	Renewal condition (19)	The principal overdue days (20)	Interest on overdue days (21)	Table internal interest (22)	Table of interest receivable (23)	Enterprise credit rating (24)
Contract of loan use (25):	The actual use of the loans (26):		At present, the source of repayment (27):			Recent events affect borrower repayment (28)
Unfavorable factors influencing loan repayment (29):		Favorable factors affect the repayment of loans (30):
Loan classification reason (31):
The lender feedback (32):

 

The loan contract number (14)

Mortgage / pledge type (33)

The effective mortgage / pledge (34)

Mortgage / pledge value (35)

The evaluation time (36)

Assessment methods (37)

Assessment agencies (38)

The balance of loans and mortgage / pledge ratio (17) / (35) = (39)

The borrower's financial data (40)

Unit: million

The guarantor of financial information (41)

Unit: million

The two period

A period

The current

The forecast period

The guarantor name (42)

The two period

A period

The current

The forecast period

Date of report (43)

Date of report (43)

Sales revenue (44)

Sales revenue (44)

Total profit (45)

Total profit (45)

Net profit (46)

Net profit (46)

Net cash flow (47)

Net cash flow (47)

Accounts payable (48)

Accounts payable (48)

Short term borrowings (49)

Short term borrowings (49)

Long term loans (50)

Long term loans (50)

Total assets (51)

Total assets (51)

Total liabilities (52)

Total liabilities (52)

Liquid assets (53)

Liquid assets (53)

Current liabilities (54)

Current liabilities (54)

Net assets (55)

Net assets (55)

The rate of assets and liabilities (56)

Contingent liabilities (62)

The liquidity ratio (57)

Accounts receivable turnover ratio (58)

Guarantee restrictions / delete clause (63):

Inventory turnover rate (59)

Net asset turnover ratio (60)

Sales profit ratio (61)

Contingent liabilities (62)

The total loan syndication (64):

The serious violations of laws and regulations (65):

Bank loan file missing file (66):

Lead arranger share:

The other rows share: