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Forest resource assets mortgage guidance

Chapter 1 General Principles

Article 1 In order to mobilize the enthusiasm of forestry producers, broaden the channels of forestry financing η standardize the management of the forest resource assets mortgage loan to guard against financial risks, and safeguard the lawful rights and interests of the borrowing and lending parties, according to the "People's Republic of China * * * and State". Forestry Law", "Chinese People's *** and the State Property Law", "Chinese People's *** and the State Guarantee Law", the State Forestry Administration "forest resources assets mortgage registration methods" (for trial implementation), "Loan General Rules", "the Provincial People's Government on the development of deepening the reform of the collective forest rights system of the views of the work of the" and other relevant provisions, to formulate this guidance.

The second article forest resource asset mortgage (hereinafter referred to as forest right mortgage, refers to the borrower with its or a third person in accordance with the law has the right to dispose of the forest and part of the forest land steep use right as collateral to the regional rural credit unions to apply for borrowing behavior. During the period of mortgage renewal, the mortgagor shall not transfer the possession of the mortgaged forest rights; the borrower, due to fail to repay the loan principal and interest, the lender has the right to dispose of the collateral in accordance with the law.

Article 3 This guidance applies to the borrower with forest rights as a mortgage, the third person as a guarantor of the loan and the third person's forest rights as a mortgage, the guarantee company as a guarantor of the loan and require the borrower to forest rights as a counter-guarantee to the rural credit unions to apply for loans. There are mainly the following four loan forms:

(a) forest mortgage. That is, the forest producers have the right to dispose of the forest ownership, part of the forest land use right as collateral, with the forest right certificate with the location of the rural credit unions to apply for loans (which: the borrower is the owner of the right to forest, the use of the mortgagor, the rural credit unions for the lenders and mortgagor);

(ii) third-party guarantee loans. That is, the third person has the right to dispose of the forest ownership, part of the forest land use right as collateral, to provide security for the borrower, to apply for loans to the local rural credit unions (of which: the third person is the owner of the forest right, the user, the guarantor and the mortgagor, the rural credit unions are the lenders and mortgage holders);

(3) multi-people joint guarantee loans. That is, according to the principle of voluntary combination, more than three forest producers with their disposable forest ownership, part of the right to use forest land as collateral, jointly guarantee each other to form a joint guarantee group, *** with any member of the joint guarantee group to apply for a loan to the local rural credit unions. Rural credit unions to the joint guarantee group to implement the maximum amount of credit, within the maximum credit limit, the joint guarantee group members can combine their own financial needs of the actual η flexible application for the use of the loan (which: each party for the owner of the forest right, the user, the guarantor and mortgagor, the rural credit unions for the lenders and mortgagees);

(d) counter-guarantee loan. That is, the guarantee company to provide security to the forestry producers, at the same time, the guarantee company requires the forestry producers to mortgage their forest rights as a counter-guarantee, to apply for loans to the local rural credit unions (of which: the borrower is the owner of the forest rights, the user and the mortgagee, the guarantee company is the guarantor and the mortgagee, and the rural credit unions are the lenders).

All of the above loans can be bought in the form of a maximum mortgage (guarantee) loan and in the maximum amount of the grant ｛Yan amount of the implementation of the "one-time approval, balance control, with the use of the loan, turnover to make the same" loan mode. In addition to the above four main ways, the borrower can also use the enterprise, personal real estate mortgage, deposit pledge and other ways to obtain funds for the development of forestry production.

Article 4 In addition to the different provisions of this guideline, other loan terms and related management should be carried out in accordance with the relevant provisions of the "Basic Regulations for Loan Management of Guizhou Province′s Village Credit Unions".

Chapter II: Loan Objects, Uses and Conditions

Article 5: Loan Objects: Enterprise legal persons, business legal persons, self-employed households, and other economic organizations or individuals (hereinafter collectively referred to as unit customers for enterprise legal persons, business legal persons, and other economic organizations, and collectively referred to as individual customers for self-employed households and individuals), which have been approved for registration by the industrial and commercial administrative organs, and which have been practicing independent accounting.

Article 6 Loan Purpose: To be used for the financial needs of forestry production.

Article VII Loan Conditions:

(1) Unit customers

(1) open a basic deposit account or general deposit account with the lender, and hold a loan card issued by the People's Bank of China and qualified by the annual inspection;

(2) have good credit, no bad records, and have the ability to repay the principal and interest of the loan on time;

(3) have sound organization, institutions and financial management system;

(4) have the ability to pay back the loan on time. institutions and financial management system;

(4) compliance with the law, shareholders and current senior executives have no major adverse records;

(5) to achieve the loan′s, required credit rating;

(6) meet the guarantee requirements set out in Article 3 of the Guidelines;

(7) other conditions required by the lender.

(2) Individual Customers

(1) Open personal bank settlement deposit accounts with the lender;

(2) Comply with the law, have no bad records, and have the ability to repay the principal and interest of the loan on time;

(3) Achieve the credit rating required by the lender;

(4) Meet the guarantee requirements stipulated in Article 3 of the present guidance;

(5) other conditions required by the lender.

Article 8 Borrowers are required to submit the following documents when applying for forest right mortgage loans from rural credit unions:

(1) Documents required for unit customers applying for forest right mortgage loans:

(l) Application for borrowing (in the application for borrowing, it should be written that "the lender is authorized to inquire about the borrower's credit status through the credit system. "

(2) Forest right certificate issued by the people's government at county level in the national uniform style formulated by the State Forestry Administration;

(3) Assessment report on the value of forest resources or party agreement issued by the relevant departments;

(4) Copy of business license, tax registration certificate, organization code, legal representative's ID card and other relevant business licenses, etc.

(5) In principle, the insurance policy of forest resources;

(6) Other documents and information stipulated in Article 13 of this guidance.

(2) Documents required for individual customers to apply for forest right mortgage loans:

(l) application form for borrowing money (in the application form for borrowing money, it should be stated that "the lender is authorized to check the credit status of the borrower through the credit collection system");

(2) a certificate of forest right issued by the people's government of the county level in a uniform style as formulated by the State Forestry Administration of the PRC. forest right certificate of uniform style;

(3) the assessment report on the value of the forest resources or the assessment report on the agreement of the parties issued by the relevant departments;

(4) the original and photocopy of the ID card of the borrower or the property*** owner, and the self-employed households shall also provide a copy of the business license, the tax registration certificate, and other relevant business licenses;

(5) the original and photocopy of the ID card of the owner of the forest right certificate;

(6) the original and photocopy of the ID card of the owner of the forest right certificate; and Original and copy of ID card;

(6) In principle, insurance policy for forest resources;

(7) Other documents and information stipulated in Article 13 of this guidance.

Article 9 If the guarantee is provided by a guarantee company, the guarantee company shall open a special account for the deposit of the guarantee with the lender and deposit a certain percentage of the guarantee in accordance with the borrower's loan amount. The proportion of the security deposit shall be determined by negotiation between the lender and the guarantee company. The guarantee company shall not withdraw the deposit before the loan is repaid. When the borrower fails to fulfill the debt on time (the scope of the debt is subject to the relevant agreement in the Loan Contract), the lender has the right to directly deduct from the special account for the deposit of the security deposit, the details of which shall be agreed between the lender and the guarantee company in the Guaranteed Loan Contract.

Chapter III Loan Amount, Term and Interest Rate

Article 10 Loan Amount: The amount of the loan shall not exceed 50% of the appraised value of the collateral as determined by the lender.

Article 11 Loan Term: The lender shall reasonably determine the term of the loan according to the actual situation, but the maximum term of the loan shall not exceed 8 years.

Article 12 Virtuous interest rate: in accordance with the People's Bank of China's policy on the relevant interest rate for rural credit unions. Differential interest rate policies may be implemented for borrowers with different credit ratings, and preferential interest rates shall be given to borrowers who provide insurance policies for forest resources.

Chapter IV Scope of Mortgage of Forest Rights and Relevant Provisions

Article 13 The following forests with the right to dispose of them can only be used as mortgages:

(1) Forest ownership rights of timber forests, economic forests, and charcoal forests in the commercial forest areas;

(2) Timber forests, economic forests, and charcoal forests that have been contracted to the rural forest land by bidding, auctioning, or public negotiation and have obtained the forest title certificates according to the law, fuelwood forests;

(3) the right to use forest land for timber forests, economic forests, and fuelwood forests that have been contracted for rural forest land through bidding, auctioning, or public negotiation and have obtained forest right certificates in accordance with the law for the use of the forest land for logging traces and fire traces;

(4) the right to use forest land for afforestation of barren land that has been acquired by bidding, auctioning, or public negotiation and have obtained forest right certificates in accordance with the law for the use of the forest land for forest plantations;

(v) other forests, trees and forest land use rights prescribed by the State Council;

When a forest or tree asset is mortgaged, its forest land use right shall be mortgaged at the same time, but the attributes and uses of the forest land shall not be changed.

Article 14 The following forests, trees and forest land use rights shall not be mortgaged:

(1) ecological public welfare forests;

(2) forests, trees and forest land use rights of which the ownership is unclear or disputed;

(3) forests, trees and forest land use rights of which forest right certificates have been obtained without the registration of forest right according to law (except for forest trees planted by rural residents in their residence bases and self-owned mountains);

(4) forests, trees and forest land use rights of which forest right certificates have been obtained without registration of forest right according to law.

(4) Forests, trees and forest land use rights belonging to national defense forests, scenic monuments, Gejiu memorial sites and nature｜reservation areas;

(5) mother forests, experimental forests, environmental protection forests and scenic forests in special-purpose forests;

(6) Collective forest land use rights in the form of family contracting;

(7) Other forests, trees and forest land use rights which are prohibited to be mortgaged under the provisions of the State. other forests, forest trees and forest land use rights which are not allowed to be mortgaged under the regulations.

Article 15 If forest rights are mortgaged, the mortgagor shall issue to the mortgagee the forest right certificate issued by the local people's government at or above the county level and the relevant information containing the type of land to be mortgaged, the location of the land, the four boundaries of the land, the area, the type of forest, the species, the age of the forest, and the volume of the forest, etc. for the mortgagee's examination. The mortgagor of the counter-guarantee loan shall provide a copy of the above information to the lender at the same time.

Article 16 In case of mortgaging collectively owned forest rights, the consent of more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives of the members of the collective economic organization shall be required; in case of mortgaging forest rights owned by a company or an enterprise, the consent of the shareholders' general meeting or the board of directors must be obtained, and in case of any other provision of the articles of association of the company or the enterprise, it shall be handled in accordance with the provisions of the articles of association; and in case of mortgaging ****-owned forest rights, the mortgagor shall obtain the prior written consent of other ****persons; state-owned units of forest rights as collateral, must provide written documents authorized to approve the approval of the authority to agree to the mortgage.

Article 17 The scope of the mortgage of forest rights shall be agreed upon by the mortgagor and the mortgagee, and shall be specified in the mortgage security contract.

Article 18 The term of the forest right mortgage guarantee shall be determined by the mortgagee and the mortgagor by mutual agreement. If the forest right is contracted, subcontracted or leased out, the maximum term shall not exceed the remaining term of the contracted term of use minus the term of the contracted term of use minus the term of the contracted term of use minus the term of the subcontracted term of use.

Article 19 The mortgagor transfers or exchanges the forest rights that have been mortgaged, must be agreed in writing by the mortgagor, and the counter-guarantee of the loan needs to be agreed in writing by both the mortgagor and the loan 丿, or shall not be transferred or exchanged. The mortgagor shall inform the third party of the real situation of the transferred and interchanged objects and properties.

Article 20 The lender shall not bear the expenses incurred by the collateral during the mortgage period.

Chapter V Appraisal and Registration of Mortgages

Article 21 The mortgagor shall engage appraisal organizations and personnel qualified in forest right appraisal to appraise the forest rights to be used as mortgages. The appraisal of forest rights shall be handled in accordance with the relevant provisions of the Circular of the former State Administration of State-owned Assets and the Ministry of Forestry on the Issuance of the Technical Specification for the Appraisal of Forest Resource Assets (for Trial Implementation) (SASFAA [1996] No. 59) and the Circular of the Ministry of Finance and the State Forestry Administration on the Issuance of the Provisional Provisions on the Administration of the Appraisal of Forest Resource Assets (Caiqi [2006] No. 529).

The lender and the forest right registration department shall carry out qualification examination of the forest right appraisal organization and appraisers hired by the mortgagor.

Article 22 If the mortgagor temporarily does not have the ability to employ appraisal institutions and personnel qualified in forest right appraisal due to the limitations of objective conditions, the lender shall strictly control the mortgage rate to ensure the safety of the loan. If the mortgagor and the lender determine the value of the collateral according to the market principle and without violating the relevant state laws and regulations, the competent department of forestry administration of the local people's government at or above the county level may recognize the registration.

Article 23 The registration of mortgaged forest rights shall be handled by the competent forestry administrative departments of the local people's governments at or above the county level for the registration or change of registration procedures, and the specific matters shall be carried out in accordance with the relevant provisions of "Measures for the Registration of Mortgage of Forest Resource Assets (for Trial Implementation)" of the State Forestry Administration.

Article 24 In the process of handling forest rights mortgage, the forestry administrative departments of the local people's governments at or above the county level shall confirm the authenticity and legality of the forest rights certificates, shall not repeat the mortgage registration of the mortgaged forest rights, and ensure that no change of ownership of forest trees is handled during the period of forest rights mortgage.

Article 25 After the loan under the mortgage contract is fully repaid, the mortgagor shall, within 15 working days, hold the repayment certificate and go to the original registration authority for cancellation registration.

Chapter 6 Insurance of Mortgages

Article 26 If the parties to a forest right mortgage agree to insure the forest resource assets, the costs of the insurance shall be paid by the mortgagor, and it is specified that the mortgagor shall be the first beneficiary of the insurance policy during the period of the mortgage and that the insurance policy shall be transferred to the mortgagor for safekeeping.

Chapter VII Supervision and Disposal of Mortgages

Article 27 The state-owned forest resource assets that have been mortgaged shall be supervised by the mortgage registration department and the mortgagee*** together. Mortgaged non-state-owned forest resources assets by the borrower, the mortgagor and the mortgagee after consultation to enter into a regulatory agreement *** with the implementation of supervision, the regulatory agreement entered into for the record of the mortgage registration authority, the mortgage registration authority to supervise the implementation of the regulatory agreement.

State-owned forest reference source assets refers to forests, trees, forest land ownership or use right belongs to the state and state-owned units of assets; other non-state-owned forest resource assets.

Article 28 The mortgagor shall ensure the safety and integrity of the mortgaged forest rights during the mortgage period. The mortgagor shall have the right to supervise and inspect the operation and management of the mortgaged forest rights in accordance with the agreement of the mortgage contract.

Article 29 For the forest rights which have been registered as mortgages, the harvesting of forests and trees must be signed and agreed by the mortgagee and the lender. Without the written consent of the mortgagee and the lender, the competent department of forestry administration of the local people's government at or above the county level shall not issue forest and timber harvesting licenses.

Article 30 The mortgagor shall not log the forest trees during the period of forest right mortgage, and if there is a need to log, the lender and the mortgagee shall agree in writing and obtain the forest logging license issued by the administrative department of forestry of the local people's government at or above the county level, the logging can be carried out, but the income derived from logging of the forest trees shall be given priority to the repayment of the lender's loan principal, or the part of the guarantor company on behalf of the repayment.

Article 31 If the borrower is unable to repay the principal and interest of the loan due in the four major forms stipulated in Article 3 of this guideline with monetary funds, the lender shall have the right to dispose of the collateral or require the guarantor to give liquidation. If the lender or mortgagor request to dispose of the collateral in the form of logging, should hold the loan contract, mortgage contract, guarantee contract, loan documents and debt repayment and repayment, to the local people's government at or above the county level of the administrative department of forestry to submit an application for logging, the local people's government at or above the county level of the

Forestry administrative department should be in the annual timber production plan to prioritize arrangements for logging targets. Forestry administrative departments of local people's governments at or above the county level shall actively cooperate with the necessary legal procedures for the realization of the mortgage rights and interests.

Article 32 Disposal of forest rights can take the following ways:

(1) Discount. The lender or mortgagee, after consultation and agreement with the mortgagor, shall convert the mortgaged forest rights into price at market price to directly offset the debt;

(2) Auction. The lender or mortgagee agreed with the mortgagor, through the market bidding, the forest rights have been mortgaged to the highest bidder, the proceeds of the price for the repayment of the loan principal and interest;

(c) sale. The lender or mortgagee, in consultation and agreement with the borrower, assigns the mortgaged forest rights to others by way of general sale. The price is determined by the lender or mortgagee, the borrower and the transferee in consultation with the three parties. The price obtained shall be compensated by the lender or mortgagee on a priority basis.

Article 33 When the lender or mortgagee and the borrower can not be negotiated through the disposal of mortgaged forest rights, the lender or mortgagee may be disposed of according to law. After receiving the written notification of the lender or mortgagee for the preservation and management of the mortgaged property, the forestry administration department of the people's government at or above the county level shall actively cooperate with the lender or mortgagee, and shall not accept any form of application for the disposal of the mortgaged property before the debt of the lender or mortgagee is paid off.

Chapter VIII Supplementary Provisions

Article 34 This guideline shall be interpreted and revised by Guizhou Rural Credit Union Union and Guizhou Forestry Department.

Article 35 The counties (cities and districts) rural credit cooperative unions (rural cooperative banks), forestry administrative departments in accordance with this guidance to develop specific management or implementation details, and report to their respective higher departments of each case.

Article 36 This guidance shall be implemented from the date of issuance.