Measures for the Administration of Entrusted Loans of Commercial Banks (Draft for Comment) Article 1 In order to standardize the operation of entrusted loans of commercial banks, strengthen the management of entrusted loans and promote the healthy development of entrusted loans, these Measures are formulated in accordance with the Banking Supervision Law of the People's Republic of China, the Law of People's Republic of China (PRC) Commercial Bank and other laws and regulations.

Article 2 Commercial banks established in People's Republic of China (PRC) according to law shall abide by these Measures when handling entrusted loan business.

Article 3 The term "entrusted loan" as mentioned in these Measures refers to the loan provided by the client, issued by the commercial bank (trustee) on behalf of the borrower, whose purpose, amount, currency, term and interest rate are determined by the client, and used and recovered by the commercial bank. Excluding entrusted loans and housing provident fund loans under cash management.

The principal refers to government departments, enterprises (companies), other economic organizations, individual industrial and commercial households and natural persons with full capacity for civil conduct that provide entrusted loan funds.

The principal shall not be a financial asset management company or any institution with loan business qualifications.

Article 4 The entrusted loan business is the entrusted agency business of commercial banks. In accordance with the provisions of these Measures, commercial banks agree on the rights and obligations of all parties through contracts with the relevant subjects of entrusted loan business, perform corresponding duties, collect agency fees, and do not bear credit risks.

Article 5 Commercial banks should follow the principles of compliance with laws, equality and voluntariness, consistency of rights and responsibilities, and prudent operation when handling entrusted loan business.

Article 6 China Banking Regulatory Commission (hereinafter referred to as CBRC) shall supervise and manage the entrusted loan business of commercial banks in accordance with these Measures. Article 7 A commercial bank shall formulate a management system for entrusted loan business in accordance with these Measures, reasonably determine the division of responsibilities between departments and posts, clarify the scope, qualifications and access conditions of customers, as well as entrusted loan business processes and risk control measures, and make regular assessments.

Article 8 A commercial bank shall meet the following preconditions when accepting an application for entrusted loan business:

(1) The trustor and the borrower reach an agreement on the terms of the entrusted loan and jointly apply for the entrusted loan.

(2) If the principal or borrower is a non-natural person, it shall issue a resolution, document or certificate with the same legal effect that the authorized institution agrees to handle the entrusted loan business.

Article 9 When a commercial bank accepts the entrustment to handle entrusted loan business, it shall require the principal to undertake the following obligations, which shall be clearly stipulated in the contract.

(a) to determine the borrower entrusted with the loan, and to examine the borrower's qualifications, loan items, guarantor's qualifications and collateral.

(2) Ensure that the source of entrusted funds is legal and compliant, and the client has the right to control it independently, and provide entrusted funds to the commercial bank in time according to the contract.

(three) to supervise the borrower to use the loan funds in accordance with the contract, the loan purpose is legal and compliant, and bear the credit risk of the borrower.

Article 10 When examining the sources of customers' funds, commercial banks should require customers to provide relevant documents proving the legality and compliance of their sources of funds or certificates with the same legal effect, conduct necessary auditing and measurement on customers' financial statements and credit records, and strengthen the examination of the following situations:

(1) The trustor has a deposit balance in the bank.

(2) The funds entrusted by the client exceed its normal income source and financial strength.

(3) The trustor is involved in other creditor-debtor relationships such as private lending and external guarantee.

If the customer has a credit balance in the bank, the commercial bank should reasonably calculate the customer's own funds and take the calculation result as an important basis for issuing entrusted loans.

Eleventh commercial banks are strictly prohibited from accepting the following funds to issue entrusted loans:

(a) various special funds with special purposes as stipulated by the state.

(2) Bank credit funds.

(3) Funds raised by issuing bonds.

(4) Funds raised by others.

(five) unable to prove the source of funds.

Article 12 The entrusted loans of commercial banks shall be clearly used, and the use of funds shall conform to laws and credit policies. The funds shall not be used for the following purposes:

(a) the production, operation or investment of products and projects prohibited by the state.

(two) engaged in bonds, futures, financial derivatives, wealth management products, equity and other investments.

(3) As registered capital, the registered capital is verified or the capital is increased and shares are expanded.

(4) Other prohibited uses as stipulated by the state.

Article 13 A commercial bank shall collect agency fees from its customers in accordance with the principles of "matching quality with price" and "whoever entrusts will pay".

Article 14 After a commercial bank, the trustor and the borrower reach an agreement on entrusted loans, the three parties shall sign a loan contract for entrusted loans. The contract shall specify the purpose, amount, currency, term, interest rate and repayment plan of the loan, and specify the rights and obligations of the principal, trustee and borrower.

Fifteenth entrusted loan guarantee, the principal and the guarantor shall reach an agreement on the form of guarantee and the guarantor (object), and jointly sign the entrusted loan guarantee contract. Where the entrusted loan is mortgaged, the mortgagee is the principal.

Article 16 A commercial bank shall require its customers to open a special account for entrusted loans. The client shall transfer the entrusted funds into a special account before the entrusted loan is issued, and the commercial bank shall issue the entrusted loan in the way agreed in the contract. Commercial banks shall not collude to use the funds of different customers.

Article 17 Commercial banks, principals and borrowers shall specify the main contents and specific measures for the supervision and use of entrusted loans in the loan contract of entrusted loans, and perform corresponding duties according to the contract.

Article 18 A commercial bank shall, in accordance with the provisions of the entrusted loan contract, assist in recovering the principal and interest of the entrusted loan, and transfer it to the customer's account in time. If the principal and interest are not received in time, the client shall be informed in time.

Article 19 After the entrusted loan expires, the commercial bank shall terminate the performance of the trustee's responsibilities and obligations according to the loan contract of the entrusted loan or the written notice of the client, and make corresponding accounting treatment. Article 20 Commercial banks should strictly isolate the risks of entrusted loan business and self-operated business, and prohibit the following acts:

(a) to determine the borrower in the name of the principal.

(2) Participate in the principal's loan decision.

(3) Issuing advance funds for entrusted loans to customers.

(4) collect taxes payable.

(five) to determine the guarantor on behalf of the borrower.

(six) on behalf of the borrower to advance funds to return the entrusted loan, or to take risks on behalf of the principal with self-operated loans instead of entrusted loans.

(seven) to provide various forms of guarantee for entrusted loans.

(eight) to sign a contract or agreement to change the nature of the entrusted loan business.

(nine) other acts of taking risks on behalf of others.

Article 21 Unless otherwise stipulated by the regulatory authorities, commercial banks shall not, in principle, extend new credit to customers with entrusted loan balances.

Article 22 If the borrower of the entrusted loan is a credit customer of a commercial bank, the commercial bank shall comprehensively consider the risk impact of the credit risk exposure of the borrower on the bank credit business after obtaining the entrusted loan.

Twenty-third commercial banks should implement hierarchical authorization management for entrusted loan business, and branches of commercial banks shall not handle entrusted loan business without authorization or ultra vires.

Article 24 Commercial banks should formulate unified and standardized entrusted loan contracts and entrusted loan guarantee contracts. The use of non-standard contracts due to business needs must be approved by the head office.

Article 25 Commercial banks should conduct separate accounting for entrusted loan business and self-operated loan business, record entrusted loan business in strict accordance with the requirements of the accounting system, and reflect entrusted loans and entrusted funds at the same time, which shall not be reflected after netting, so as to ensure the truthfulness, accuracy and completeness of entrusted loan business accounting.

Article 26 A commercial bank shall establish and improve the entrusted loan management information system, register the sources, investment, term, interest rate and other relevant information of the clients and borrowers, and ensure the integrity, continuity, accuracy and traceability of business information.

Article 27 After issuing entrusted loans, commercial banks shall accurately submit the detailed information of entrusted loans in strict accordance with the requirements of the customer risk statistics system of the CBRC.

Commercial banks should establish a statistical system for entrusted loan business in accordance with regulatory requirements, and do a good job in classified statistics, summary analysis and data submission of entrusted loan business.

Twenty-eighth commercial banks should regularly analyze the risks of entrusted loans and organize business inspections. Article 29 Where a commercial bank handles entrusted loan business in violation of these Measures, the CBRC and its dispatched offices shall order it to make corrections within a time limit. If it fails to make corrections within the time limit, or its behavior seriously endangers the steady operation of commercial banks and damages the legitimate rights and interests of customers, the CBRC and its dispatched offices may take corresponding regulatory measures in accordance with the provisions of Article 37 of the Banking Supervision Law of the People's Republic of China; Serious violation of these measures may be punished according to the provisions of Article 46 of the Banking Supervision Law of the People's Republic of China.

Article 30 Where a commercial bank violates the provisions of Article 20 of these Measures and assumes risks on its behalf, the CBRC and its dispatched offices shall order it to make corrections within a time limit, and at the same time, it may take corresponding regulatory measures in accordance with the provisions of Article 37 of the Banking Supervision Law of the People's Republic of China, and may impose penalties in accordance with the provisions of Article 46 of the Banking Supervision Law of the People's Republic of China.

Article 31 If a commercial bank violates the provisions of Article 27 of these Measures and fails to timely and accurately submit the entrusted loan business information to the regulatory authorities, the CBRC and its dispatched offices shall order it to make corrections within a time limit. If it fails to make corrections within the time limit, the CBRC and its dispatched offices may be punished according to the provisions of Article 47 of the Banking Supervision Law of the People's Republic of China. Article 32 These Measures shall apply to other financial institutions with loan business qualifications established with the approval of the CBRC to handle entrusted loan business.

Article 33 The CBRC shall be responsible for the interpretation of these Measures.

Article 34 These Measures shall come into force 60 days after the date of promulgation. Before the promulgation of these measures, the entrusted loans issued by commercial banks were settled naturally in accordance with the principle of non-retroactivity.

Date, year and month

Two. Measures for the administration of entrusted loans

Legal analysis: In order to standardize the entrusted loan business of commercial banks and strengthen the management of entrusted loan business, these Measures are formulated in accordance with laws and regulations. A commercial bank accepting an application for entrusted loan business shall meet the following preconditions: (1) Agreement on entrusted loan conditions. (2) If the principal or borrower is a non-natural person, it shall issue a resolution, document or certificate with the same legal effect that the authorized institution agrees to handle the entrusted loan business. Commercial banks shall not accept applications for entrusted loan business from financial asset management companies and loan institutions.

Legal basis: Measures for the Administration of Entrusted Loans of Commercial Banks

Article 10 A commercial bank shall not accept the following funds from customers for the distribution of entrusted funds. (2) Bank credit funds. (3) Furniture (unless otherwise stipulated by the relevant departments of the State Council). (four) other debt funds (funds as otherwise stipulated by the relevant departments of the State Council. The issuance of bonds by enterprise groups is not restricted by the provisions of this article.

Paragraph (1) should have a clear purpose, and the use of funds should comply with laws and regulations, national macro-control and industrial policies. The use of funds shall not be: (1) production, operation or investment in fields and uses prohibited by the state. (two) engaged in bonds, futures, financial derivatives, asset management products and other investments. (3) As the verification of registered capital and registered capital. (4) Or increase capital and share (unless otherwise stipulated by the regulatory authorities). (five) other purposes in violation of regulatory provisions.

Three. Measures for the administration of entrusted loans

4. Can I entrust others to handle the housing loan?

Yes, you need to make a certificate of entrustment, and you can handle a unilateral power of attorney or a contract of entrustment between both parties. It is necessary to issue the identity certificate, marriage certificate and real estate license of the client and the trustee, and go to the notary office in person. The notary office records the conversation, and records the relevant contents, entrusted matters, authority, etc. , and issue a notarial certificate. Commissioned notarization has a ready-made format, and notaries can make it. Housing mortgage loan application conditions:

1. A natural person with full capacity for civil conduct, aged from 18 to 55 (inclusive);

2. Have legal and valid identification (resident ID card, household registration book or other valid identification) and proof of marital status;

3. Have good information records and willingness to repay;

4. Have a stable source of income and the ability to repay the loan principal and interest in full and on time;

5. Commercial housing sales (pre-sale) contract or letter of intent for purchased housing;

6. Have the ability to pay the down payment of the purchased house; If the newly purchased house is used as the maximum mortgage, it must have a legal and effective purchase contract, the age of the house is within 10 years, and the down payment of not less than 30% of the total price of the purchased house has been prepared or paid; If the mortgage loan has been purchased and handled, the original mortgage loan has been repaid for more than one year, the loan balance is less than 60% of the value of the mortgaged house, and the mortgaged house has obtained the property ownership certificate, and the age of the house is within 10 year;

7. There is an effective guarantee recognized by the lender;

8. Other conditions stipulated by the bank.