The general principle of loan is to standardize the loan behavior, safeguard the legitimate rights and interests of both borrowers and borrowers, ensure the safety of credit assets, improve the overall benefit of loan use and promote the sustainable development of social economy. According to the People's Republic of China China People's Bank Law and the People's Republic of China (PRC) Commercial Bank Law, these General Rules are formulated. Article 71 stipulates that in any of the following circumstances, the lender shall charge interest on part or all of its loans; If the circumstances are particularly serious, the lender shall stop paying the unused loan of the borrower and recover part or all of the loan in advance: 1. Failing to use the loan for the purpose specified in the loan contract. Second, the use of loans for equity investment. Third, engage in speculative business with loans in securities and futures. Four, the borrower who has not obtained the qualification of real estate business according to law uses the loan to operate the real estate business; Borrowers who are legally qualified to operate real estate engage in real estate speculation with loans. Five, not according to the provisions of the loan contract to pay off the loan principal and interest. Six, take loans to borrow each other to seek illegal income.

Second, according to the general rules of loans, how to apply for loans?

Legal analysis: application stage: customers apply to lending institutions and fill in some application materials to submit; Review the application materials; Signing a Contract: After approval, both parties sign a loan contract, a guarantee contract, etc. , as the case may be; Loan: the lending institution issues loans according to the amount agreed in the contract; Including normal settlement and early settlement, you can choose independently.

Legal basis: Article 20 of the General Principles of Loans requires a loan, which should be directly applied to the host bank or the agent bank of other banks. The borrower shall fill in the loan application, including the loan amount, loan purpose, repayment ability and repayment method, and provide the following information; Two, the financial department or accounting (audit) firm approved the financial report of the previous year, as well as the application and correction of the original unreasonable occupation of loans; 4 collateral mortgage, pledge certificate and relevant documents that the guarantor intends to agree to guarantee; ; V. Project proposal and feasibility report; Other relevant information deemed necessary by the lender.

Third, according to the general principles of loans

However, China is not a case law country, and the specific circumstances of each case may vary widely. The opinions quoted in the public judgment documents in this paper are only for the specific circumstances of a specific case, and others may not be quoted in the trial process. At the same time, it is undeniable that under the background of increasingly strict financial supervision, even if banks violate the provisions of laws or administrative regulations, violating financial supervision regulations will undoubtedly bring great regulatory risks to banks and incur penalties from regulatory agencies. Attached to the legal basis: 1, the People's Bank of China 1996 issued the General Rules of Loans: Article 8 Short-term loans, medium-term loans and long-term loans: Short-term loans refer to loans with a loan term of less than (inclusive) years. Medium-term loans refer to loans with a loan term of over years (excluding years) to under years (including years). Long-term loans refer to loans with a loan term of more than years (excluding years). Article 12 Loan extension: If the loan cannot be repaid on time, the borrower shall apply to the lender for loan extension before the loan expires. Whether the extension is decided by the lender. When applying for secured loan, mortgage loan or extension, the guarantor, mortgagor and pledger shall also issue a written consent certificate. If there is an agreement, it shall be implemented in accordance with the agreement. The cumulative extension period of short-term loans shall not exceed the original loan period; The cumulative extension period of medium-term loans shall not exceed half of the original loan period; The cumulative extension period of long-term loans shall not exceed years. Unless otherwise stipulated by the state. If the borrower fails to apply for extension or the application for extension is not approved, the loan will be transferred to the overdue loan account from the day after the maturity date. 2. Minutes of the National Civil and Commercial Trial Work Conference issued by the Supreme People in September 2065438+2009. The validity of a contract in violation of the provisions is generally unaffected, but if the provisions involve public order and good customs such as financial security, market order and national macro policies, the contract shall be deemed invalid. When deciding whether the regulation involves public order and good customs, people should carefully consider the supervision, transaction safety protection and social impact on the basis of investigating the object of the regulation, and fully reason in the judgment documents. Extended reading: other departmental regulations restricting extension: 1. Interim Measures for the Management of Personal Loans (Order No.2 of CBRC 20 10) issued by the former CBRC on 20 10: The cumulative extension period of personal loans within one year (inclusive) shall not exceed the original loan period; For personal loans of more than one year, the cumulative extension period and the original loan period shall not exceed the maximum loan period stipulated by the loan variety. 2.20 15. 12 administrative measures of the people's bank of China on agricultural refinancing (yinfa [20 1 5] No.395): the term of agricultural refinancing is divided into three grades: 3 months, 6 months and 1 year, and the longest term of the loan contract shall not exceed/kloc. Re-loans for supporting agriculture shall be extended for a total of no more than 2 times, each extension period shall not exceed the loan contract period, and the actual loan period shall not exceed 3 years. 3.20 16.3 Notice on Developing Poverty Alleviation Re-loan Business (Yinfa [20 1 6] No.91) The term of poverty alleviation re-loan is divided into three grades: 3 months, 6 months and1year. The longest term of the loan contract shall not exceed 1 year. The cumulative extension times of poverty alleviation refinancing shall not exceed 4 times, each extension period shall not exceed the loan contract period, and the actual use period shall not exceed 5 years. 4. Notice of 20 16.7 on Implementing Entrepreneurship Guarantee Loans to Support Entrepreneurship Employment (Yinfa [2065438+06] No.202) The longest term of entrepreneurship guarantee loans granted to individuals shall not exceed 3 years; The loan can be extended 1 time with the approval of the handling financial institution, and the extension period shall not exceed 1 year. 5.20 17. 10 Measures for the Administration of Automobile Loans (Order No.2 of China Banking Regulatory Commission of the People's Bank of China [20 17]) The loan term of automobile loans (including extension) shall not exceed 5 years, among which the loan term of used car loans (including extension) shall not exceed 3 years, and the loan term of dealer automobile loans shall not exceed 65,000. 6.20 10.5 notice on regulating the business of banking financial institutions in bridge loan (No.35 [20/kloc-0]): the term of bridge loan shall not exceed 1 year and may not be extended. 7. Notice on Regulating Inter-bank Business of Financial Institutions (Yinfa [20 14] 127): The longest term of inter-bank lending business shall not exceed 3 years, and the longest term of other inter-bank financing businesses shall not exceed 1 year, and the business shall not be extended after its expiration. The information in this article is for general legal reference only and should not be regarded as legal opinions or basis for specific matters. Related Questions and Answers: Related Questions and Answers: What laws, regulations and systems related to credit should bank loan personnel know? Credit business is a profitable business in banks, and it is also a high-risk business operated by banks. Credit personnel should not only market high-quality customers for banks, but also take the first step of risk control for banks, so the necessary credit laws and regulations should be mastered. Here I briefly summarize the laws and regulations that bank credit personnel should know. The General Rules for Loans, the originator of the laws and regulations on bank credit business in China, was promulgated by the People's Bank of China in 1996 and implemented in 1 and 1996 in August. In 2004 and 20 10, we asked for amendments respectively, but there was no final result. Although it has been a long time, and many related clauses are slightly backward, as bank credit practitioners, we all know that in the bank credit policy, no one can shake the originator of the general principles of loans. Later, many policies including "three laws and one guide" were improved on the basis of the general principles of loans, so bank credit practitioners must be familiar with the general principles of loans. Since February 20 10, the CBRC has successively promulgated the Interim Measures for the Management of Working Capital Loans, the Interim Measures for the Management of Personal Loans, the Interim Measures for the Management of Fixed Assets Loans, and the Guidelines for Project Financing, also known as "Three Measures and One Guidance", which initially constructed and improved the loan business of banking financial institutions in China. "Three methods and one guideline" has built a basic framework for the major corporate and personal credit businesses of China's banking financial institutions, and it is also a legal system that China's bank credit practitioners must master. Basic laws and regulations of commercial banks As a bank employee, you must understand the laws and regulations of commercial banks in China, including the People's Bank Law, the Commercial Bank Law, the Banking Supervision Law, and the Measures for the Administration of Related Transactions between Commercial Banks and Insiders and Shareholders. General laws and regulations related to credit business Banking credit business involves company management, natural person management, guarantee management and many other aspects. Therefore, bank credit practitioners should also understand company law, contract law, marriage law, property law, guarantee law, criminal law, consumer rights protection and related judicial interpretations. With the increasingly close combination of Internet technology and finance, the laws and regulations of Internet finance business are also more and more branded with Internet finance. Among them, the Interim Measures for the Management of Business Activities of Personal-to-Personal Lending Information Intermediaries, the Guidelines for the Registration and Management of Personal-to-Personal Lending Information Intermediaries, the Guidelines for the Deposit and Management of Personal-to-Personal Lending Funds, and the Guidelines for the Information Disclosure of Business Activities of Personal-to-Personal Lending Information Intermediaries are called "one law and three guidelines" for online lending business, which need to attract the attention of bank credit practitioners. Specific credit product management measures On the basis of "three measures and one guideline", the People's Bank of China and the China Banking Regulatory Commission have also made clear provisions on other specific loan products, such as the Measures for the Administration of Personal Housing Loans and the Measures for the Administration of Automobile Loans. Periodic normative rules and regulations People's Bank of China, China Banking Regulatory Commission and other institutions will issue some regulatory policies and guidance policies irregularly according to market conditions, which will have an impact on credit business. Therefore, bank credit practitioners should not only pay attention to the rules and regulations of banks, but also pay attention to some normative policies issued by relevant state departments in time.

Fourth, how to apply for a loan?

(1) loan object The loan object refers to which departments, enterprises, units and individuals the bank issues loans to. Its essence is to choose the loan investment and determine the loan scope and structure. The determination of the loan object of commercial banks: first, it should reflect the essential requirements of the credit fund movement, and the loan should ensure the repayment of principal and interest; Second, it must meet the requirements of the loan principle of commercial banks, and the loan issuance should follow the principles of efficiency, safety and liquidity; Third, to reflect the requirements of loan investment policy, loan investment should obey the national industrial policy. Therefore, the loan object of a commercial bank must be a commercial enterprise, that is, it has economic income, the prepaid value can be compensated and increased, and there is a source of funds to repay the principal and interest of the loan. Any non-operating unit without economic income can only be the object of financial allocation, but not the object of bank loans. In short, under the conditions of socialist market economy, all commercial enterprises and individual economies engaged in production and circulation and providing services for production and circulation can become loan targets. According to the provisions of the General Rules for Loans, the loan object should be an enterprise (institution) legal person, other economic organizations, individual industrial and commercial households or a natural person with China nationality and full capacity for civil conduct approved and registered by the administrative department for industry and commerce (or competent authority). (2) loan conditions loan conditions refer to what conditions the object has to obtain a loan. It is a specific requirement for the loan object. Any enterprise that meets the requirements of "conditions" within the "object" can obtain bank loans. The basis for determining the loan conditions is: the legality of the establishment of enterprise units, the independence of operation, the adequacy of its own capital, the profitability of operation and the safety of loans. Therefore, enterprises, institutions and individuals that need to apply for loans from banks must meet the following basic conditions. The current loan conditions of commercial banks in China are: 1. The legitimacy of operation 2. Independence of operation 3. Have a certain amount of self-owned funds. Open a basic account in a bank. Can repay the principal and interest in Schedule 8. Purpose and types of loans (1) The purpose of loans refers to the direction and scope of the use of loans in the capital occupation of enterprises. It specifies what kind of capital needs enterprises can use loans, and how many of these capital needs are solved by bank loans. The loan in this period is mainly used to meet the capital requirements for the renovation of inventory and fixed assets. From the liquidity point of view, the loans of industrial enterprises are mainly used for the capital needs of raw material reserves, in-process products and finished goods inventories. The loans of commercial enterprises are mainly used for the capital needs of commodity inventory and industrial and commercial enterprises in the process of commodity sales. From the point of view of fixed funds, it is mainly used for the capital demand of enterprise's technological progress and equipment renewal, the capital demand of enterprise's new construction, transformation and expansion, and the capital demand of enterprise's scientific and technological development (including part of working capital). In the field of consumption, it is mainly used for the capital demand generated by the purchase of civil commercial housing and automobiles. Nine. The current classification criteria and loan types of loans are as follows: (1) 1 classified according to the operating attributes of loans, self-operated loans. Refers to the loan independently issued by the lender with funds raised by legal means, with the risks borne by the lender and the principal and interest recovered by the lender. 2. Entrusted loans. Refers to loans provided by government departments, enterprises, institutions, individuals and other principals, and 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 principal. The lender (trustee) only charges the handling fee and does not bear the loan risk. 3. Specific loans. Refers to the loans granted by a wholly state-owned commercial bank with the approval of the State Council and after taking corresponding remedial measures for the losses that may be caused by the loans. ㈡ 1。 Short-term loans are divided according to the service life of the loans. Refers to the loan with a loan term of 1 year (inclusive). 2. Medium and long-term loans. Medium-term loans refer to loans with a loan term of more than 1 year (excluding 1 year) and less than 5 years (including 5 years). Long-term loans refer to loans with a loan term of more than 5 years (excluding 5 years). RMB medium and long-term loans include fixed assets loans and special loans.