In order to standardize the entrusted loan business of commercial banks, strengthen the management of entrusted loan business and promote the healthy development of entrusted loan business, the CBRC recently drafted the Administrative Measures for Entrusted Loan of Commercial Banks (Draft for Comment) (hereinafter referred to as the "Measures"), and publicly solicited opinions from the society. A few days ago, the heads of relevant departments of the China Banking Regulatory Commission answered questions from reporters on the Measures. 1. What is the background of the formulation of the Measures? First, there is no relevant system to regulate the scope of application, business management, risk management and legal liability of entrusted loans. Second, the entrusted loan business has grown rapidly in recent years, exposing some problems and hidden risks, such as the offside risk of entrusted banks and evading regulatory requirements. 2. What is the general idea of the Measures? The general idea of the Measures is "accurate positioning, returning to the origin, limiting the scope, avoiding arbitrage, problem-oriented, strictly setting limits, strengthening management and standardizing development". 3. What are the main structures and contents of the Measures? The Measures are divided into five chapters and 34 articles. The first chapter "General Principles" clarifies the scope of application, definition and principles of entrusted loans. It is clear that entrusted loans are entrusted agency business of commercial banks, and commercial banks perform corresponding duties, charge agency fees and do not bear credit risks. The second chapter is business management, which regulates the application premise, fund source, fund use, contract requirements, account management and accounting treatment of entrusted loans. It is emphasized that commercial banks are strictly forbidden to accept all kinds of special funds, bank credit funds, funds raised by issuing bonds and other people with special purposes as stipulated by the state to issue entrusted loans. Chapter III Risk Management puts forward management requirements from the perspectives of fund review, authorization management, accounting, information submission and business inspection, and emphasizes that commercial banks should separately account for entrusted loan business and self-operated loan business, and record entrusted loan business in strict accordance with the requirements of accounting system. Chapter IV, Legal Responsibility, puts forward the regulatory measures and punishment measures that CBRC should take against commercial banks that illegally handle entrusted loan business, take risks on behalf of customers or borrowers, and fail to timely and accurately submit entrusted loan business information to the regulatory authorities. Chapter V Supplementary Provisions clarifies the power of interpretation and the implementation time of the Measures. 4. How do the Measures regulate the sources of funds for entrusted loans? The "Measures" stipulate that commercial banks are strictly prohibited from accepting the following funds to issue entrusted loans: first, various special funds with special purposes as stipulated by the state; Second, bank credit funds; The third is the funds raised by issuing bonds; The fourth is the funds raised by others; Fifth, it is impossible to prove the source of funds. V. What are the provisions of the Measures on the use of funds for entrusted loans? The "Measures" stipulate that the entrusted loans of commercial banks should be clearly used, and the use of funds should comply with legal provisions and credit policies. The use of funds shall not be: first, the production, operation or investment of products and projects prohibited by the state; The second is to invest in bonds, futures, financial derivatives, wealth management products and equity; Third, as registered capital, registered capital is used for capital verification or capital increase and share expansion; Fourth, other prohibited uses stipulated by the state.
Two. The Measures for the Administration of Entrusted Loans of Commercial Banks stipulates the sources of funds for entrusted loans: commercial banks may not accept entrusted loans such as ().
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Three. The latest management measures for entrusted loans
The latest entrusted loan management measures are: to standardize the entrusted loan operation of commercial banks, strengthen the entrusted loan management and promote the healthy development of entrusted loans, it is formulated in accordance with relevant laws and regulations; Commercial banks established in People's Republic of China (PRC) and China according to law shall abide by the entrusted loan business. The main purpose of the Measures for the Administration of Entrusted Loans is to standardize the entrusted loan business of commercial banks, strengthen risk prevention and better serve the real economy. The key specifications of the Administrative Measures for Entrusted Loans are as follows: 1. Clarify the business orientation of entrusted loans and the responsibilities of all parties; 2. Standardize the sources of funds for entrusted loans; 3. Standardize the use of funds for entrusted loans; 4. Require commercial banks to strengthen the risk management of entrusted loans; 5. Strengthen the supervision of entrusted loan business. Legal Basis "Administrative Measures for Entrusted Loans of Commercial Banks" 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 Entrusted loans as mentioned in these Measures refer to loans provided by clients and issued, supervised and recovered by commercial banks (trustees) according to the borrower, purpose, amount, currency, term and interest rate determined by clients, excluding entrusted loans for cash management and entrusted loans for housing provident fund. The principal refers to the legal person, unincorporated organization, individual industrial and commercial households and natural persons with full civil capacity who provide entrusted loan funds. Entrusted loan under cash management refers to the collection and transfer of funds between independent legal persons within an enterprise group, which is provided by commercial banks in the form of entrusted loans in cash management services. Entrusted loans under housing provident fund refer to personal housing consumption loans and loans for affordable housing construction projects entrusted by commercial banks with housing provident fund as the source of funds. 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.
4. What about bank loans, entrusted payments and independent payments?
Entrusted payment means that the use of each loan fund needs to be audited by the bank, and it can only be used if it meets the loan purpose, and it cannot be used if it does not meet the loan purpose. Independent payment means that the borrower can use the loan funds without the approval of the bank, but if the borrower uses the loan funds in violation of the loan contract, the bank has the right to collect them in advance at any time. This is the requirement in the three methods and one guideline of CBRC.