There are two types of non-performing loans handled by credit cooperatives: off-balance-sheet loans and off-balance-sheet loans. At present, the non-performing loans in rural credit cooperatives are divided into two categories: on-balance sheet and off-balance sheet, and the off-balance sheet is divided into three categories: write-off of bad debts, replacement of central bank bills and government replacement. Rural credit cooperatives (hereinafter referred to as rural credit cooperatives, rural credit cooperatives) refer to rural cooperative financial institutions established with the approval of the People's Bank of China, which are composed of members' shares, implement democratic management and mainly provide financial services for members.
summary of difficulties in clearing up non-performing loans of rural credit cooperatives
With the development of social economy, it is imperative for rural credit cooperatives to clear up non-performing loans in the past. However, there are bound to be many obstacles in this process. In order to ensure the smooth collection, according to the current situation of China's legal system construction, the difficulties in clearing up non-performing loans of rural credit cards are briefly summarized in order to clear up ideas.
1. Difficulty in collecting
Large sum, small single sum, large number of households and wide distribution are the major characteristics of farmers' non-performing loans. However, the rural economy is backward, the urban economy is developed, farmers' dependence on land is greatly reduced, and the number of migrant workers and businessmen is increasing year by year. Many farmers have moved their families and their whereabouts are unknown.
Rural credit cooperatives are short of staff, time and heavy workload. Many credit cooperatives are located in remote mountainous and hilly areas, with backward transportation, small deposit and loan scale, low efficiency, few personnel and backward equipment. Coupled with poor communication and blocked information, the collection of non-performing loans by small farmers is heavy and difficult.
2. It is difficult to dispose of the mortgaged assets
After a loan credit cooperative obtains the mortgaged assets at a high price through an agreement or a people's ruling, it is not only difficult to realize, but also costly, especially if the mortgaged assets are real estate. The loan credit cooperatives can handle the mortgaged real estate by themselves, which can save the evaluation fee and auction fee. Although the evaluation fee and auction fee can be reduced, the transaction tax is unavoidable and needs to be paid twice.
the first transfer is from the debtor to the loan credit cooperative, and the second transfer is from the loan credit cooperative to the buyer.
3. It is difficult to collect loans by law
When the lender still cannot collect the principal and interest of non-performing loans after taking various measures, it has no choice but to take the last resort: according to the law. Due to the lack of social integrity and poor law enforcement environment, collecting loans according to law presents the characteristics of high cost, low efficiency, difficult implementation and difficult proof.
1) high cost: legal fees, preservation fees, execution fees, evaluation fees, auction fees, etc. need to be paid from the time of collecting loans according to law to the time of execution.
2) Inefficiency: According to the provisions of the Civil Procedure Law, from filing a lawsuit to applying for execution, the loan collection according to law should go through the procedures of filing a case, serving it, exchanging evidence, holding a court hearing, making a judgment, appealing and applying for execution, ranging from half a year to two or three years, and what's more, it is far away.
3) Difficulty in execution: on the one hand, the debtor tries every means to transfer assets and evade debts after the loan is collected according to law; On the other hand, try every means to get through the executive joints and mobilize various relationships to put pressure on the executives.
4) it is difficult to prove: on the one hand, the debtor transfers and conceals assets, and refuses to perform when he has the ability to perform; On the other hand, the loan credit cooperatives cannot collect and provide evidence about the debtor's property clues, and the people cannot implement them.
4. Debtor's transfer of assets
After some debtors obtained loans through various means, they tried their best to transfer assets and avoid debts.
Generally, debtors transfer their assets to avoid debts in the following ways:
1) The assets of the company are transferred to affiliated companies and individual shareholders through improper transactions and false transactions, which makes the company difficult to operate and insolvent, and finally achieves the goal of avoiding debts through bankruptcy or bankruptcy;
2) sell the property at a low price and transfer the assets to other units and individuals who collude with the debtor;
3) A large number of due creditor's rights are not claimed in time, which leads to the debtor's due creditor's rights exceeding the limitation of action;
4) The debtor bribed the staff of the loan credit cooperative, and colluded internally and externally.
rural credit cooperatives have been punished twice for non-performing loans, can they be punished again?
Legal analysis: rural credit cooperatives have been punished twice for non-performing loans, and can be punished again. Go to the credit cooperatives immediately and return all overdue loans, and explain the reasons to the credit cooperatives at the same time, so as to gain understanding. However, it is difficult to explain the past if it is overdue for many times. Only when the overdue situation does not happen again and the relationship is found in the credit cooperative, it is possible to eliminate the bad records in the credit information system of the People's Bank of China.
legal basis: article 667 of the civil code of the people's Republic of China
a loan contract is a contract in which the borrower borrows money from the lender, returns the loan at maturity and pays interest.
article 668 a loan contract shall be in written form, unless it is otherwise agreed between natural persons to borrow money.
the contents of a loan contract generally include terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.
article 669 when concluding a loan contract, the borrower shall provide the true information about the business activities and financial status related to the loan as required by the lender.
Non-performing loan ratio of Guangxi rural credit cooperatives in 221
Original title: Guangxi: In the first quarter, the city and county governments replaced 16.2 billion non-performing loans of rural credit cooperatives with high-quality assets
On April 8, Ren Qinghua, Party Secretary and Director of Guangxi Banking Insurance Regulatory Bureau, said at a regular press conference in China Banking and Insurance Regulatory Commission that last year, according to the idea of "finding out the base, handling risks, injecting capital and transforming mechanisms", the autonomous region was promoted to support rural credit cooperatives. Among them, it is clear that the city and county governments will make up for the risk gap by replacing non-performing loans with high-quality assets, and the government's support is still very large in the country. In the first quarter of this year, 16.2 billion yuan of non-performing loans have been replaced in this way. It is expected that there will be a big breakthrough in the disposal of non-performing loans in Guangxi rural credit cooperative system throughout the year.
According to Ren Qinghua, in terms of capital injection, Guangxi Banking Insurance Regulatory Bureau has built a logical closed loop of "borrowing and returning" as a whole, promoted the autonomous region government to issue special bonds to raise funds, and adopted the deposit method of share conversion agreement for the first time in China to inject capital into rural cooperative institutions. The book capital adequacy ratio of 18 rural cooperative institutions that received capital injection increased by 6 percentage points as a whole, and 9 high-risk institutions directly took off their hats.
"The transformation mechanism is the key to the success of the reform of rural credit cooperatives, and it is also the focus of our next work." Ren Qinghua said that Guangxi Banking Insurance Regulatory Bureau promoted the rural credit cooperatives to meet the requirements of "form, reality and soul" in the process of restructuring into rural commercial banks, focusing on strengthening corporate governance, integrating the strengthening of party leadership into all aspects of corporate governance, abandoning the thinking of "ruling by people", implementing the checks and balances mechanism of corporate governance, cracking the phenomenon of "one-word-for-one" and realizing the reform and restructuring, so as to embark on the road of healthy and sustainable development.
in addition to the reform of rural credit cooperatives, Guangxi Banking Insurance Regulatory Bureau has turned its focus on "agriculture, countryside and farmers" to rural revitalization, mainly from four aspects of "addition, subtraction, multiplication and division" to promote rural revitalization of financial services. Among them, Guangxi Liuzhou snail powder can be said to amplify the multiplier effect of industry-finance synergy.
"Liuzhou snail powder was on fire during the anti-epidemic period last year. Don't underestimate this small snail powder. Last year, the output value of this industry in Guangxi reached 23 billion yuan, up 75% year-on-year." Ren Qinghua said that snail powder has four ingredients, such as snails, bamboo shoots, beans and fungus. Guangxi Banking Insurance Regulatory Bureau guided banking institutions to actively issue micro-credit for poverty alleviation, micro-credit for people out of poverty and inclusive agriculture-related loans. Support farmers to raise snails, dig bamboo shoots, plant beans and collect fungus in the green mountains and green hills, and carry out deep processing on the spot to increase added value. By integrating into the snail powder industry chain, they will become rich. In 22, the snail powder industry alone will drive more than 2, farmers to find jobs, 23, people will be lifted out of poverty, and the per capita income will increase by more than 9, yuan.
what is the total amount of non-performing loans of rural credit cooperatives in 222?
In the first half of 222, the amount of non-performing loans written off by banks reached a record high: 477.7 billion yuan! -Zhihu
On July 22nd, it was 1,55.1 billion yuan, 1,218 billion yuan and 1,29.9 billion yuan, and the amount of loans written off for four consecutive years was more than 1 trillion yuan
So much for the introduction of non-performing loans of rural credit cooperatives.