New rules for loan restructuring of CBRC

I. New Rules for Loan Restructuring of CBRC

Legal analysis: First, support qualified commercial banks to carry out M&A loan business. The second is to urge major banking financial institutions (including policy banks, state-owned commercial banks and joint-stock commercial banks) to set up small business credit franchise services according to relevant requirements. Third, according to the characteristics of farmers' production and operation and the actual agricultural production, different credit management and assessment policies are implemented for agricultural loans. Fourth, encourage the implementation of loan restructuring, and give credit support to some eligible enterprises that have temporarily encountered operational or financial difficulties due to the global financial crisis. Fifth, broaden the scope of project loans. Banking financial institutions may issue bridge loan to co-owners or shareholders for projects that conform to the national industrial policy orientation and have been included in the development plan formulated by the Development and Reform Commission and formulated by relevant government departments. Credit assets. Seven is to allow one. Eighth, support innovative guarantee financing methods and consumer credit insurance guarantee mechanism. Nine is the scientific implementation of loan accountability. Ten is to support the innovation and development of trust companies and financial companies.

Legal basis: new loan regulations of CBRC.

1, borrower qualification

According to the new regulations, the CBRC requires major financial institutions to effectively strengthen the qualification examination of borrowers, especially for the purpose of operation, and requires penetrating and substantive verification, which must be based on the actual operation of borrowers.

When a borrower applies for a credit loan, it is necessary to check the personal basic information provided by the borrower and comprehensively determine the credit. If there is any false information, it must be refuted as soon as possible.

2. Term of loan

The China Banking Regulatory Commission said that any financial institution should do a good job in managing the loan term and reasonably determine the loan term according to the actual needs of borrowers. To further strengthen the risk management of borrowers, it is best to set up a special statistical ledger.

3. Post-loan management

After the loan, major financial institutions also need to further tighten the management during and after the loan. Implement the direction of funds, strengthen the monitoring and early warning of the flow of post-loan funds, and not weaken the control of post-loan funds on the grounds that entrusted payment has been carried out.

4. Mediator

Various intermediaries can cooperate in bidding, but it is best to establish a "white list" of cooperative intermediaries. Cooperate with the borrower to obtain loans for business purposes, and submit the list of relevant institutions to the relevant local administrative departments, and promptly hand over the illegal acts to the judicial organs.

Second, what are the problems in the five-level classification of loans of grass-roots credit cooperatives?

According to the degree of risk, loans are divided into five categories: normal, concerned, secondary, suspicious and loss, and the last three categories are non-performing loans. Normal loan borrowers can perform the contract and always repay the principal and interest normally. There are no unfavorable factors affecting the timely and full repayment of loan principal and interest, and the bank is fully confident that the borrower can repay the loan principal and interest on time and in full. The probability of loan loss is 0. Note that although the borrower has the ability to repay the loan principal and interest at present, there are some factors that may adversely affect the repayment. If these factors persist, the borrower's repayment ability will be affected and the probability of loan loss will not exceed 5%. There are obvious problems in the repayment ability of subprime borrowers, and they can't repay the loan principal and interest in full by relying entirely on their normal operating income. They need to repay the interest by disposing of assets, external financing and even implementing mortgage guarantee. The probability of loan loss is 30%-50%. The borrower of suspicious loans can't repay the loan principal and interest in full. Even if mortgage or guarantee is implemented, it will certainly cause certain losses. Just because ... is suspicious, such loans should be cancelled immediately after the necessary legal procedures are fulfilled, and the borrower's repayment ability will be affected. It is meaningless and necessary to keep and merge them as bank assets in the account. No matter what measures are taken and what procedures are performed, the amount of loss is uncertain, and the probability of loan loss will not exceed 5%. Normal loan borrowers can perform the contract and lose money. Banks are fully confident that borrowers can repay the loan principal and interest in full and on time, if these factors persist. The loan loss probability is 0, the latter three are non-performing loans, and the loan loss probability is 75%- 100%, but its value can also be ignored. There are no negative factors that affect the timely and full repayment of loan principal and interest, just because the borrower reorganizes. The probability of loan loss is 30%-50%. Due to certain factors such as collateral disposal and pending litigation, or even if a small part can be recovered, the loan is doomed to lose, even if the mortgage or guarantee is implemented. Loss loan refers to the possibility that the borrower has repaid the principal and interest for free, and has been able to repay the principal and interest normally, which will definitely cause certain losses. Pay attention to loans. Although the borrower has the ability to repay the loan principal and interest at present, the probability of loan loss is between 50% and 75%. There are obvious problems and mergers in the repayment ability of subprime borrowers. Suspicious loan borrowers can't repay the loan principal and interest in full, but there are some factors that may adversely affect the repayment. They need to repay the principal and interest of the loan by disposing of assets, financing and even implementing mortgage guarantee. From the bank's point of view, we are concerned that loans are usually divided into five categories according to the degree of risk, and it is impossible to fully repay the principal and interest of loans by relying solely on their normal operating income.

Three. New rules for restructuring loans of CBRC

Legal analysis: First, support qualified commercial banks to carry out M&A loan business. The second is to urge major banking financial institutions (including policy banks, state-owned commercial banks and joint-stock commercial banks) to set up small business credit franchise service institutions in accordance with relevant requirements and increase financial support for small businesses. The third is to implement different credit management and assessment policies for agricultural loans, and increase investment in agricultural loans in combination with the characteristics of farmers' production and operation and the actual situation of agricultural production. Fourth, encourage the implementation of loan restructuring, and give credit support to some eligible enterprises that have temporarily encountered operational or financial difficulties due to the global financial crisis. Fifth, broaden the scope of project loans. For projects that conform to the national industrial policy orientation, have been included in the development plan formulated by the Development and Reform Commission, and the relevant government departments have agreed to carry out the preliminary work of the project, banking financial institutions may issue bridge loan to the sponsors or shareholders of unproductive projects within a certain amount. Sixth, support the transfer of credit assets and rationally allocate credit assets. Seventh, small and medium-sized banks with conditions are allowed to break through loan-to-deposit ratio appropriately. Eighth, support innovative guarantee financing methods and consumer credit insurance guarantee mechanism. Nine is the scientific implementation of loan accountability. Ten is to support the innovation and development of trust companies and financial companies.

Legal basis: new loan regulations of CBRC.

1, borrower qualification

According to the new regulations, the CBRC requires major financial institutions to effectively strengthen the qualification examination of borrowers, especially for business purposes, requiring penetrating and substantive verification, and must reasonably determine the credit line according to the actual business needs of borrowers.

When a borrower applies for a credit loan, it is necessary to comprehensively determine the credit line according to the new credit report and the relevant information provided by the borrower. In addition, you need to check the personal basic information provided by the borrower. If there is false information, the application must be rejected at the first time.

2. Term of loan

The China Banking Regulatory Commission said that any financial institution should do a good job in managing the loan term and reasonably determine the loan term according to the actual needs of borrowers. Once the borrower's loan period exceeds three years, it is best to further strengthen risk management by establishing a sound internal management system and establishing a special statistical ledger.

3. Post-loan management

In addition to being cautious when borrowing, major financial institutions need to further tighten their management during and after lending. Implement the direction of funds, strengthen the monitoring and early warning of the flow of post-loan funds, and not weaken the control of post-loan funds on the grounds that entrusted payment has been carried out.

4. Mediator

Major financial institutions should also formulate promotion standards for various intermediaries, and they can cooperate, but it is best to establish a "white list" of cooperative intermediaries. Intermediaries that assist borrowers to obtain loans for business purposes shall not cooperate, and the list of relevant institutions shall be submitted to the relevant local administrative departments, and the illegal acts shall be handed over to judicial organs in a timely manner.