? Four basic principles of credit principle.
legality, honesty, unified credit granting and unified authorization. ? There are three types of exemption from reporting: one party to the transaction is a state organ, an international financial institution and a foreign loan for lending, under the same bank.
? The creditor (borrower) transfers the creditor's rights to a third party, and the content of the guarantor's guarantee remains unchanged. ? The crime of illegally issuing financial tickets is committed by banks, bank personnel or bank financial institutions.
? For creditor's rights with no agreed term, the default time is 6 months. ? Is the central bank responsible for anti-money laundering? Organize and coordinate the whole country and implement fund monitoring. Supervise and inspect the implementation of financial institutions? According to the authorization of the State Council, participate in international anti-money laundering activities. Establish and improve the internal control requirements for anti-money laundering for the financial institutions under supervision. ? Civil juristic act-citizen/legal person? There are three rights to guarantee things: mortgage, pledge and lien.
? Bill o is not exercised within a certain period of time? The rights granted by the holder to the drawer shall last for 6 months. ? After the refusal of acceptance, the right of recourse is 6 months after the refusal of acceptance.
? The right of recourse is 3 months after settlement or prosecution. ? The function of paying at sight is 2 years.
o The function of bills is circulation, and the way of transfer is endorsement. O four acts of bill, endorsement, issuing, acceptance and guarantee.
it is easy to confuse that the right of cancellation is valid for the creditor within one year, but it is valid for the debtor. If it is not exercised within five years, it can be revoked. ? Agent: three kinds, legal, designated and entrusted.
o designated agent: people's court or organ. O legal representative: according to the law.
o unauthorized agency: in good faith, the actor has no agency, and the actor acts in his own name with others, which is not illegal and has civil capacity with a third party. ? The manager is appointed by the board of directors.
? Contract: o factors for the parties to conclude a contract:? Capacity for civil conduct? Civil capacity? Written, oral or other forms? Sentence o for embezzlement, imprisonment of not more than five years or criminal detention o for accepting bribes by non-state personnel, with a maximum of more than five years. O embezzlement of funds, dereliction of duty in signing contracts, fraud of securities for less than 3 years, will not be a unit composition.
? Subject o General subject: Crime of illegally absorbing public deposits O Special subject: illegal mortgage, failure to enter the account, illegal issuance of financial bills and breach of trust in using property. O Special subjects include commercial banks, securities companies, insurance companies, futures companies, brokerage companies or other financial institutions.
? The subject of financial crime: O Crime against banks? External crime? Internal crime o bank personnel duty crime? Three ways to realize mortgage right by mortgage o:? Discount? Sell the collateral? Auction collateral? Unit O, the subject of this crime, can't constitute the subject. Credit card fraud? Loan fraud o can only be a natural person? Credit card fraud? Securities fraud? Bill fraud o financial voucher fraud? Entrusted collection voucher? Remittance voucher? Bank deposit slip? (Promissory notes, bills of exchange, checks and other settlement documents are not counted as financial voucher fraud.
2. Legal knowledge of loans
1. General loans refer to commercial activities in which the lender provides monetary funds to the borrower and the borrower repays the principal and interest at the agreed interest rate and time limit.
in the legal relationship of loan contract, the borrower is the borrower and the lender is the lender. Lawyers' business in bank loans mainly includes: examining the legal qualifications of borrowers and borrowers; Participate in the drafting, negotiation or review of loan agreements; Providing legal advice and services to both borrowers and borrowers during the performance of the loan contract; Solve disputes in the process of loan contract performance.
lawyers, through their participation in bank loan activities, help borrowers and borrowers to sign and perform loan contracts according to law, which can help the parties achieve their respective business goals, prevent and resolve various legal risks in loan business and promote the smooth development of loan business. These Operating Guidelines are formulated in accordance with the General Principles of the Civil Law, the Contract Law, the General Principles of Loans, the Law on Commercial Banks, the relevant provisions and judicial interpretations of the banking regulatory authorities in China (in this paper, the People's Bank of China or the China Banking Regulatory Commission) and the Supreme People's Court, and are mainly applicable to the loan business in which a domestic commercial bank provides RMB funds to a domestic enterprise, so as to provide general guidance for lawyers to handle such loan business.
these operating guidelines are not applicable to financing activities with special arrangements such as syndicated loans, project financing and secured loans. II. Relevant Qualification Examination of the Parties When undertaking corporate loan legal business, lawyers should first conduct legal examination on the subject qualifications of the parties to the loan contract in order to ensure the legality and validity of the loan contract.
(1) Qualification requirements of the borrower As a lawyer of the borrower, he should review all aspects of the borrower's conditions in accordance with relevant laws and provide relevant legal advice to help the borrower meet the statutory qualification requirements for borrowing; As a lawyer of the bank, he should help the bank to examine the qualifications of borrowers and ensure that the borrowers who lend by the bank meet the statutory qualification requirements for borrowing loans. According to the relevant provisions of the General Rules for Loans, an enterprise as a borrower shall be an enterprise (business legal person) or other economic organization approved and registered by the administrative department for industry and commerce (or competent authority).
lawyers should review the legal establishment and existence of borrowers: 1. For limited liability companies and joint stock limited companies, their business licenses as legal persons should be reviewed; 2. For foreign-invested enterprises, in addition to the business license of enterprise legal person, the approval certificate of foreign-invested enterprises shall also be examined; 3. For the branch of an enterprise as a legal person, it is necessary to review the business license of the branch; 4. All kinds of enterprises shall pass the annual inspection of the administrative department for industry and commerce except natural persons and some business legal persons that do not need to be approved and registered by the industrial and commercial department; (II) Qualification certificate of the borrower: Loan certificate In order to effectively reflect the loan repayment status of enterprises, reduce the loan risk of financial institutions and establish a self-restraint mechanism for credit management, the People's Bank of China has formulated the Measures for the Administration of Loan Certificates, which makes it clear that enterprises can only go through the loan repayment procedures after receiving the loan certificate. The so-called loan certificate is the qualification certificate issued by the banking regulatory authority of China to the registered legal person enterprise to apply for loans from domestic financial institutions.
a corporate enterprise in a city that implements the loan certificate management system must apply for a loan certificate if it intends to apply for a loan or has a loan repayment relationship with a financial institution. An enterprise as a legal person can only apply for a loan certificate from the issuing authority at the place of registration.
a corporate enterprise can only apply for one loan certificate. The loan certificate can be used in cities that implement the loan certificate management system.
(III) Qualification Requirements of Lenders According to the relevant provisions of the Law on Commercial Banks and the General Rules on Loans, lenders must obtain the approval of the banking regulatory authorities in China, hold the Legal Person License for Financial Institutions or the Business License for Financial Institutions issued by the banking regulatory authorities in China, and be approved and registered by the administrative department for industry and commerce. As a lender's lawyer, it should reasonably remind the lender that it must comply with the Law on Commercial Banks and the monitoring and monitoring indicators of the ratio of assets and liabilities of commercial banks by the banking regulatory authorities in China.
iii. Procedures for concluding a loan contract (I) Loan application When a borrower applies for a loan from an agency of a commercial bank, the lawyer shall provide the following assistance to the borrower: (1) Legal review of the Loan Application; (2) Assist the borrower to perform the necessary company authorization procedures for the loan application; (3) Assist the borrower to conduct legal review on the basic situation of the project. (II) After accepting the borrower's application for loan investigation and approval, the lender's lawyer shall cooperate with the bank to investigate the legality, safety and profitability of the borrower's loan, verify the collateral, pledge and guarantor, and determine the risk of the loan.
this is an important link in the loan business and an important guarantee for the safety of bank credit funds. The borrower's lawyer may prompt the borrower to cooperate with the bank's investigation and evaluation in order to realize the loan.
in order to ensure the safety of bank loans, lawyers should also assist banks to conduct legal review on customers who apply for loans, including whether the purpose and use of loans are in line with national laws, regulations, industrial policies and credit policies, whether the loan application documents meet legal requirements, whether the borrower is legally established and effectively exists, whether the borrower has legal loan qualifications, whether the borrower has obtained all necessary approvals, and whether the borrower's corporate authorization is sufficient. In addition, the lawyer should prompt the lender not to issue credit loans to related parties.
at the same time, the conditions for granting secured loans to related parties shall not be superior to those for similar loans of other borrowers. Among them, the related parties refer to: 1. Directors, supervisors, managers, credit business personnel and their close relatives of commercial banks; 2. Companies, enterprises and other economic organizations in which the personnel listed in the preceding paragraph invest or hold senior management positions.
(III) Drafting and signing loan contracts Article 37 of the Commercial Bank Law and Article 29 of the General Rules for Loans stipulate that all loans shall be signed by the borrower and the lender. A loan contract is usually drafted by a lawyer. The loan contract shall stipulate the loan type, purpose, amount, interest rate, term, repayment method, rights and obligations of both borrowers and borrowers, liabilities for breach of contract and other matters that both parties think need to be agreed.
iv. main contents of the loan contract (I) a loan contract generally has the following important clauses: 1. the purpose of the loan refers to the scope of use of the loan. Borrow.
3. Financial legal knowledge
First of all, there are many financial legal knowledge, as follows:
1. Are the customers of financial enterprises "consumers"?
2. how to understand the fund?
3. What is stock option?
4. concept of single fund trust
5. *** design principles of fund trust
6. what is * * * fund trust?
7. What is an option?
8. who will be involved in the legal relationship of the financial lease contract?
9. What problems should be paid attention to in the financial lease contract
1. Risks of futures trading
11. Fraud in futures trading
12. Principal parties of futures trading
13. Legal nature of futures trading
14. Conditions that must be met in opening an account for futures trading
15. Evidence to confirm the person responsible for the illegal act and the size of the responsibility < Evidence that hinders the inspection and supervision of the People's Bank of China
17. Pawn financing can also be
18. Subprime mortgage bonds
19. Bonds payable
2. Subprime mortgage bonds
Secondly, if you want to learn relevant financial legal knowledge, you can buy relevant books for reference. Recommendation
1. Guide to financial legal knowledge
2. Handbook of financial legal knowledge in China
4. Composition of financial legal education of 25 words
Through the study of safety legal education, we not only updated our concepts and improved our thinking, but also got a better understanding of the current social form and development trend, and we will face greater challenges and tests in our future work. The following is the composition of the experience of safety legal education brought by the study.
safety legal education experience composition 1: The society is constantly progressing and developing, but in today's society, there are still all kinds of temptations, and people's thoughts and concepts will inevitably be tempted and corroded by money and interests. As employees of the financial system, we should be well aware of the particularity of the industry we are engaged in, and we are faced with the direct test of money, which requires us to straighten our minds, strengthen our beliefs and establish a correct outlook on life and values. The study of safety legal education has laid a solid foundation for us to establish a good and healthy concept.
learn through safety legal education. Firmly establish Scientific Outlook on Development's correct outlook on life and values, thoroughly find out the outstanding problems in his own thinking, style, system and discipline, effectively enhance his legal awareness, be unmoved by the temptation, strictly regulate his words and deeds, and serve the credit cooperatives and depositors wholeheartedly.
In life style, we can keep in mind the teaching of "self-respect, self-examination, self-vigilance and self-motivation", strictly restrain ourselves with work discipline, and build a solid defense line against corruption and change ideologically. Oppose money worship, hedonism and extreme individualism, work diligently and be upright.
At present, through studying, our legal awareness has been significantly enhanced, our business operation according to law has been significantly improved, our work style has been significantly improved, our work quality and efficiency have been significantly improved, and the existing problems have been effectively solved. Through the study of safety legal education, we can always exercise self-discipline, enhance our awareness of prevention, straighten our position, clarify our responsibilities, and be strict with ourselves, be conscientious and abide by professional ethics. The purpose of the study of safety legal system is not only to require our employees to exercise self-discipline, but also to enhance their awareness of vigilance and their ability to deal with emergencies. In case of danger, they can be calm and fearless, be alert to the dangers they face, adopt appropriate methods to solve the problems they encounter, resolve various crises decisively and courageously, and protect property, fight against lawless elements and protect collective interests when national property is threatened.
Through the study of safety legal education, we not only updated our concepts and improved our thinking, but also got a better understanding of the current social forms and development trends. We will face greater challenges and tests in our future work, and we will only make progress through continuous learning. The process of learning is also a process of growing up and maturing our thinking. We should persist in the study of legal education, and only by making continuous progress in our study can we achieve better results in our work! Our life track will leave a better mark! Future efforts: First, always adhere to the education and study of safety legal system, constantly remind yourself of the responsibilities to be performed as a credit cooperative employee, focus on strengthening the education and study of safety legal system, build a solid defense line against corruption and change ideologically, and be alert to the erosion of various corrupt ideas.
Second, we should strengthen the in-depth analysis of financial institutions' fraud, theft, robbery, gun-related cases, draw lessons from them, always sound the alarm for ourselves, and further improve our awareness of safety and self-prevention.