What are the rules for corporate financing in 2022?

According to the regulations of relevant institutions in China, for newly listed companies, it is necessary to choose financing methods that meet strict laws and regulations. At present, the main financing methods in the market are bank loans and financiers' investment. So what are the rules for corporate financing? The following is a detailed analysis and explanation. 20 18 What are the rules for enterprise financing? Chapter I General Provisions Article 1 These General Provisions are formulated in accordance with the Law of the People's Republic of China on the People's Bank of China, the Law of People's Republic of China (PRC) Commercial Bank and other relevant laws in order to regulate the loan behavior, protect the legitimate rights and interests of both borrowers and borrowers, improve the loan quality and speed up the turnover of credit funds. Article 2 These General Rules are the principles and norms that People's Republic of China (PRC) must follow when engaging in lending activities in China. Article 3 Lenders mentioned in these General Rules refer to Chinese-funded commercial banks, trust and investment companies, enterprise group finance companies, financial leasing companies, urban and rural credit cooperatives and other financial institutions engaged in loan business established in China. The borrower mentioned in these General Rules refers to enterprises, institutions, legal persons and natural persons that have obtained loans from the above-mentioned financial institutions. Article 4 The term "loan" as mentioned in these General Rules refers to the monetary funds provided by the lender to the borrower to repay the principal and interest at the agreed interest rate and time limit. Article 5 The loan currencies in these General Rules include RMB and foreign currency. Article 6 The issuance and use of loans shall abide by the laws and administrative regulations of the state and the orders and regulations of the People's Bank of China, and follow the principles of efficiency, safety and liquidity in the use of funds. Article 7 Lenders and borrowers shall follow the principles of voluntariness, equality, honesty and credit. Article 8 Lenders shall follow the principles of fair competition and close cooperation when conducting loan business, and shall not engage in unfair competition. Article 9 The People's Bank of China is the supervisory organ for implementing the General Rules for Loans (for Trial Implementation). Chapter II Types of Loans Article 10 Short-term loans, medium-term loans and long-term loans. Short-term loans refer to loans with a loan term of 65,438+0 years. 2. Medium-term loans refer to loans with a loan term of more than 1 year and less than 5 years. Three, long-term loans, refers to the loan period of 5 years (including 5 years) above the loan. Article 11 Credit loans, secured loans and bill discounting. Credit loan refers to the loan issued by the borrower's credit. Two. Guaranteed loan (1) A guaranteed loan refers to a loan issued on the premise that a third party promises to assume general guarantee liability or agreed joint liability when the borrower cannot repay the loan. (2) Mortgage loan refers to a loan issued with the property of the borrower or a third party as collateral in accordance with the mortgage method stipulated in the Guarantee Law. (3) Pledged loan refers to the loan granted with the movable property or rights of the borrower or a third party as pledge according to the pledge method stipulated in the Guarantee Law. 3. Bill discount refers to the lender's right of recourse against the endorser, drawer and other debtors when the bill is refused to pay at maturity. Article 12 Self-operated loans and entrusted loans. Self-operated loan refers to a loan independently issued by the lender with funds raised by legal means, and the risk is borne by the lender, who collects the principal and interest. 2. Entrusted loans refer to loans provided by clients such as government departments, enterprises, institutions and individuals, which are issued, supervised and recovered by the lender (i.e. the trustee) according to the loan object, purpose, amount, term and interest rate determined by the client, and the risks are borne by the client, and the lender (i.e. the trustee) may not charge fees. The qualification of the lender to handle entrusted loans shall be stipulated separately by the People's Bank of China. Thirteenth other types of loans approved by the People's Bank of China. Chapter III Loan Term and Interest Rate Article 14 Loan Term 1. The loan term shall be determined by the borrower and the borrower through consultation according to the borrower's production and operation cycle, repayment ability and the lender's capital supply ability, and shall be indicated in the loan contract. 2. Generally, the term of self-operated loans shall not exceed 10 years, and those exceeding 10 years shall be reported to the People's Bank of China for the record. Three, the longest discount period of the bill discount shall not exceed 6 months, and the discount period shall be from the date of discount to the maturity date of the acceptance bill. Article 15 Loan extension 1. If the loan cannot be repaid on schedule, the borrower shall apply to the lender for loan extension in advance. When applying for the extension of secured loans, mortgage loans and pledged loans, the applicant, mortgagor and pledger shall also issue a written certificate agreeing to the extension. Whether the extension is decided by the lender. Two, the extension of short-term loans shall not exceed the original loan period; The extension of medium-term loans shall not exceed half of the original loan term; The extension of long-term loans shall not exceed 3 years. Unless otherwise stipulated by the state. Sixteenth loan interest and interest management. The lender shall determine the interest rate of each loan according to the upper and lower limits of the loan interest rate stipulated by the People's Bank of China, and indicate it in the loan contract. Two, the interest rate of deferred loans according to the provisions of the people's Bank of China on the date of signing the extension contract. If the loan extension term and the original term reach the new interest rate grade, interest will be charged for both the original term and the extension term according to the new interest rate grade. Three, overdue loans in accordance with the provisions of additional interest. Four, the lender and the borrower shall collect or pay interest on schedule according to the provisions of the loan contract. Five, the loan discount should adhere to the principle of who decides who to discount. The subsidized loan interest shall be directly compensated to the borrower by the interest subsidy. Six, except the State Council, no unit or individual has the right to decide to stop, reduce, ease the interest-free. Chapter IV Borrower Article 17 A borrower shall be an enterprise (institution) legal person, individual partnership, individual industrial and commercial household or a natural person of China nationality with full civil capacity approved and registered by the administrative department for industry and commerce (or the competent authority). Article 18 A borrower applying for a loan shall meet the following basic conditions: having the ability to repay the principal and interest on schedule; 2. The original loan interest payable and the loan due have been paid off on schedule; Three, in addition to natural persons, the industrial and commercial departments shall handle the annual inspection procedures; 4. A basic deposit account or general deposit account has been opened; 5. The total foreign equity investment of an enterprise as a legal person shall not exceed 50% of its net asset value; Six, to apply for long-term loans, the owner's equity of the new project enterprise as a legal person shall generally not be less than 25% of the total investment required for the project. In concrete implementation, the processing industry should be higher and the commerce can be lower; Those with low profitability should be higher, and those with high profitability can be lower; Seven, to apply for short-term loans, the new current assets of an enterprise as a legal person shall generally not be less than the new current liabilities. Article 19 the right to borrow money. You can apply for loans from multiple independent lenders and get loans according to conditions; Two, have the right to withdraw and use all the loans as agreed in the contract; 3. Have the right to refuse additional conditions other than the loan contract; 4. Have the right to report relevant information to the superior bank of the lender and the People's Bank of China. Article 20 obligations of the borrower. The borrower shall truthfully provide the information required by the lender (except those that cannot be provided by law), and truthfully provide all the bank, account number and deposit balance to the lender, and cooperate with the investigation, review and inspection of the loan; Two, should accept the lender's supervision of the use of credit funds and related production, operation and financial activities; 3. The loan shall be used for the purposes stipulated in the loan contract; Four, should be in accordance with the provisions of the loan contract in a timely manner to pay off the loan principal and interest; 5. The transfer of all or part of the debt to a third party requires the consent of the lender; When intransitive verbs endanger the creditor's rights, they shall promptly notify the lender and take preservation measures. Article 21 restrictions on borrowers. No loans may be obtained from two or more branches at the same level within the same jurisdiction of a lender; 2. No false balance sheet, income statement, etc. shall be provided to the lender. Or conceal important facts; Three, shall not use loans to engage in equity investment; Four, shall not use loans to speculate in securities, futures and real estate; Five, shall not apply for loans, mutual loans to seek illegal income; Six, foreign currency loans shall not be converted into RMB. From the above, we can know that corporate financing laws and regulations are mainly about loans. Generally speaking, a loan requires a credit or guarantor. For large enterprises, credit is generally good, and banks are also at ease to lend a lot to enterprises, while small and medium-sized enterprises need to obtain funds through more channels. Laws and regulations are to protect the legitimate rights and interests of many parties from infringement, and neither borrower nor lender can lose too much money. From the above analysis, we can see that the provisions of enterprise financing are mainly analyzed from different financing angles. First of all, illegal loans and usury are strictly prohibited. Secondly, there is a certain upper limit on the amount of financing. The financing clause also stipulates the signing of relevant treaties and contracts.