What are the provisions of Article 57 of the Credit Card Management Regulations that banks violate?
Legal analysis: Banks violate the provisions of Article 57 of the Credit Card Management Regulations: If the card-issuing bank has one of the following circumstances, Corresponding penalties will be imposed in accordance with the "Law of the People's Republic of China on Commercial Banks" and relevant provisions on cash management: (1) Failure to implement the prescribed deposit interest rate; (2) Failure to pay deposit reserves to the People's Bank of China as required ; (3) Violating regulations to help cardholders withdraw cash.
Legal basis: Article 57 of the "Interim Measures for the Administration of Credit Card Business" If the card-issuing bank has any of the following circumstances, it shall comply with the "Law of the People's Republic of China on Commercial Banks" and the relevant provisions of cash management Corresponding penalties will be imposed: (1) Failure to implement the prescribed deposit interest rate; (2) Failure to pay deposit reserves to the People's Bank of China as required; (3) Violating regulations to help cardholders withdraw cash.
Credit Card Management Measures and Regulations Suspension of Accounts
Hello, according to Article 70 of the "Regulations on the Supervision and Administration of Credit Card Business of Commercial Banks": Under special circumstances, it is confirmed that the amount of credit card debt exceeds the amount of the card holder. If the cardholder's ability to repay the card is insufficient and the cardholder is still willing to repay, the card-issuing bank can negotiate with the cardholder on an equal footing to reach a personalized installment repayment agreement. The maximum term of a personalized installment agreement must not exceed 5 years!
1. What is suspension of accounts?
The interest suspension on bank account means that the borrower fails to repay the principal and interest of the loan on time for some reason, and the bank suspends the accounting processing of interest calculation on schedule, and the outstanding loan balance and interest are left on the account (i.e., on account) for later processing. After the borrower obtained the loan, he failed to repay the loan on the agreed repayment date. Due to internal or external factors or reasons of the bank, the loan and interest will not and cannot be repaid in the short term. For management or processing needs, the balance of the loan Interest will no longer be calculated, but the principal balance of the loan and the interest previously accrued and yet to be repaid will still be recorded in the name of the original borrower.
2. What are the requirements for applying for suspension of pending accounts?
According to Article 70 of the Credit Card Supervision and Administration Regulations, you can apply for a suspension of debits if the following four points are met:
Condition 1. The cardholder has the willingness to repay;
< p>Condition 2: The cardholder has the ability to repay in installments;Condition 3: The cardholder has overdue and is unable to repay the debt in one go;
Condition 4: The cardholder has The cardholder wants to return to a normal living environment and stop calling for collection and does not want to be executed;
After the credit card is overdue, high liquidated damages and penalty interest are indispensable. Many people like to pay back a little if they have money. But if it cannot be repaid together with the principal, the money returned will first be deducted from the liquidated damages and interest, and the principal is almost not reduced. As a result, the debt problem has not been solved for a long time.
After the credit card is overdue, cardholders should not blindly pay back the money. The bank's interest-free and debit-hanging plan can help us. If it is confirmed that the amount of credit card debt exceeds the cardholder's repayment ability and the cardholder is still willing to repay, the cardholder can negotiate with the bank on an equal footing to reach a personalized installment repayment agreement.
Article 70 of the Measures for the Supervision and Administration of Credit Card Business of Commercial Banks
Article 70 of the Measures for the Supervision and Administration of Credit Card Business of Commercial Banks:
Under special circumstances, If it is confirmed that the credit card debt amount exceeds the cardholder's repayment ability and the cardholder is still willing to repay, the card-issuing bank can negotiate with the cardholder on an equal footing to reach a personalized installment repayment agreement. The maximum period of a personalized installment agreement shall not exceed 5 years.
If both parties reach an agreement and sign an installment repayment agreement, the card-issuing bank and its card-issuing business service agency shall stop collecting payments from the cardholder, unless the cardholder fails to fulfill the installment repayment agreement. If an oral repayment agreement is reached, the card-issuing bank must retain the recording materials. The recording data will be retained at least until the date of settlement of the debt.
Measures for the Supervision and Administration of Credit Card Business of Commercial Banks
Chapter 1 General Provisions
Article 1 is to regulate the credit card business of commercial banks and protect the legitimate rights and interests of customers and banks. To promote the healthy and orderly development of the credit card business, in accordance with the "Banking Supervision and Administration Law of the People's Republic of China and the People's Republic of China", the "Law of the People's Republic of China and the People's Republic of China on Commercial Banks", and the "Regulations of the People's Republic of China and the People's Republic of China on the Administration of Foreign-funded Banks" and other laws and regulations to formulate these measures.
Article 2 When operating credit card business, commercial banks shall strictly abide by national laws, regulations, rules and relevant policies and regulations, and follow the principles of equality, voluntariness and good faith.
Article 3 When operating credit card business, commercial banks shall protect the legitimate rights and interests of customers and the security of relevant information in accordance with the law. Relevant information shall not be used for purposes other than the Bank's credit card business without the authorization of the customer.
Article 4 When operating credit card business, commercial banks shall establish and improve credit card business risk management and internal control systems, strictly implement authorization management, and effectively identify, evaluate, monitor and control business risks.
Article 5 When operating credit card business, commercial banks shall fully disclose relevant information to cardholders, reveal business risks, and establish and improve corresponding complaint handling mechanisms.
Article 6 The China Banking Regulatory Commission and its dispatched offices shall supervise and manage the credit card business of commercial banks in accordance with the law.
Chapter 2 Definition and Classification
Article 7 The term “credit card” as mentioned in these Measures refers to a credit card that records the relevant information of the cardholder’s account, has bank credit limit and overdraft functions, and is used to support Various media used by cardholders to provide related banking services.
Article 8 The credit card business referred to in these Measures refers to the banking services provided by commercial banks using bank cards with credit lines and overdraft functions, which mainly include card issuance business and acquiring business.
Article 9 The term “card issuance business” as mentioned in these Measures refers to the relevant banking services that the card-issuing bank contracts with qualified customers to issue credit cards and provides them based on the evaluation results of the customers.
The card issuance business includes marketing and promotion, credit approval, card production and issuance, transaction authorization, transaction processing, transaction monitoring, fund settlement, account processing, dispute handling, value-added services and debt collection.
Article 10 The term “card issuing bank” as mentioned in these Measures refers to a commercial bank that has been approved by the China Banking Regulatory Commission to engage in credit card issuance business and assumes the relevant responsibilities for risk management of the card issuance business.
Article 11 The term “card-issuing business service institutions” as mentioned in these Measures refers to legal entities or other organizations that sign contracts with card-issuing banks to assist them in providing credit card business services.
Article 12 The term “acquiring business” as mentioned in these Measures refers to the services provided by commercial banks to merchants to accept credit cards and complete related fund settlements.
The acquiring business includes merchant qualification review, merchant training, acceptance terminal installation and maintenance management, obtaining transaction authorization, processing transaction information, transaction monitoring, fund advances, fund settlement, dispute handling and value-added services and other business links.
Article 13 The term “acquiring bank” as mentioned in these Measures refers to the bank that provides credit card acquiring business services to specially appointed merchants or provides settlement services for credit card acquiring business in accordance with the contract, and assumes the relevant risk management of the acquiring business. Responsible commercial bank.
Article 14 The term “acquiring business service agency” as mentioned in these Measures refers to the legal person institution or other organization that contracts with the acquiring bank or the settlement bank of the acquiring business to assist it in providing credit card acquiring business services.
Article 15 Credit cards issued by commercial banks are divided into personal cards and corporate cards according to the different objects of issuance. Among them, corporate cards are divided into business travel cards and business purchasing cards according to their uses.
Business travel card refers to a credit card that commercial banks sign contracts with government departments, legal entities or other organizations to establish travel expense reimbursement and repayment relationships, and provide daily business expenses and financial reimbursement services to their staff.
Business purchasing card refers to a credit card that commercial banks sign contracts with government departments, legal entities or other organizations to establish procurement expenditure reimbursement and repayment relationships, and provide them with services related to procurement expenditures such as office supplies and office matters.
Article 16 The term “students” as mentioned in these Measures refers to students studying full-time in educational institutions.
That’s it for the introduction of credit card regulations.