Interim Measures for Personal Loan Management
Chapter 1 General Provisions_Article 1 is to regulate the personal loan business behavior of banking financial institutions, strengthen the prudent operation and management of personal loan business, and promote the personal loan business To achieve healthy development, these Measures are formulated in accordance with the Banking Supervision Law of the People's Republic of China and the Commercial Bank Law of the People's Republic of China and other laws and regulations. _Article 2 The People's Republic of China and domestic banking financial institutions established with the approval of the China Banking Regulatory Commission (hereinafter referred to as lenders) shall abide by these Measures when engaging in personal loan business. _Article 3 Personal loans as mentioned in these Measures refer to loans issued by lenders to qualified natural persons for personal consumption, production and operation, etc. _Article 4 Personal loans shall follow the principles of legal compliance, prudent operation, equality and voluntariness, fairness and integrity. _Article 5 Lenders should establish an effective full-process management mechanism for personal loans, formulate loan management systems and operating procedures for each loan type, clarify the corresponding loan objects and scope, implement differential risk management, and establish assessment and evaluation of each loan operation link. Accountability mechanism. _Article 6 Lenders should establish a personal loan risk limit management system based on region, variety, customer group and other dimensions. _Article 7 The purpose of personal loans should comply with laws, regulations and relevant national policies. Lenders are not allowed to issue personal loans without designated purposes. _
Lenders should strengthen loan fund payment management to effectively prevent personal loan business risks. Article 8 The term and interest rate of personal loans shall comply with relevant national regulations. _Article 9 The lender should establish a reasonable control mechanism for the borrower's income and debt repayment ratio, reasonably determine the loan amount and term based on the borrower's income, liabilities, expenditures, loan purposes, guarantees and other factors, and control the borrower's repayment in each period. The amount does not exceed its repayment ability. Article 10 The China Banking Regulatory Commission shall supervise and manage the personal loan business in accordance with these Measures. __Chapter 2 Acceptance and Investigation Article 11 Personal loan applications shall meet the following conditions:_
(1) The borrower is a citizen of the People’s Republic of China with full capacity for civil conduct or a national Relevant provisions of overseas natural persons;_
(2) The purpose of the loan is clear and legal;_
(3) The amount, term and currency of the loan application are reasonable;_
(4) The borrower has the willingness and ability to repay;_
(5) The borrower has good credit status and has no major bad credit record;_
(6) Loan Other conditions required by the person. _Article 12 The lender shall require the borrower to submit a personal loan application in writing and require the borrower to provide relevant information that can prove that he or she meets the loan conditions. _Article 13 After accepting the borrower's loan application, the lender shall perform due diligence duties, investigate and verify the authenticity, accuracy, and completeness of the personal loan application content and related circumstances, and form investigation and evaluation opinions. _Article 14 Loan investigation includes but is not limited to the following:_
(1) Basic information of the borrower;_
(2) Income of the borrower;_
(3) Purpose of borrowing;_
(4) Borrower’s repayment source, repayment ability and repayment method;_
(5) Guarantor’s willingness to guarantee, Guarantee capacity or the value and liquidity of collateral (pledge). _Article 15 Loan investigation should be based on on-site investigation, supplemented by indirect investigation, and adopt on-site verification, telephone inquiry, information consultation and other channels and methods. _Article 16 On the premise that the legitimate rights and interests of the borrower are not harmed and the risks are controllable, the lender may prudently entrust a third party to handle some specific matters in the loan investigation, but the qualifications of the third party must be clearly defined. _
The lender shall not entrust a third party to complete all aspects of the loan investigation. _Article 17 Lenders should establish and strictly implement a loan interview system. _
If low-risk loans are issued through electronic banking channels, the lender should at least take effective measures to determine the true identity of the borrower. _Chapter 3 Risk Assessment and Approval_Article 18 Loan review shall conduct a comprehensive review of the legality, rationality, and accuracy of the loan investigation content, focusing on the due diligence of the investigator and the repayment ability, integrity status, and guarantee of the borrower situation, mortgage (pledge) ratio, risk level, etc. _Article 19 Loan risk assessment shall be based on the analysis of the borrower's cash income, using quantitative and qualitative analysis methods, and conduct comprehensive and dynamic loan review and risk assessment.
Lenders should establish and improve borrowers’ credit records and evaluation systems. _Article 20 Lenders shall, in accordance with the principle of prudence, improve the authorization management system, standardize the approval operation process, clarify the loan approval authority, implement the separation of loan approval and authorized approval, and ensure that loan approval personnel independently approve loans in accordance with authorization. _Article 21 The lender shall inform the borrower of an unapproved personal loan application. Article 22 Lenders shall evaluate and analyze the loan approval process based on major economic changes, significant increases in default rates and other abnormal circumstances, adjust approval policies in a timely and targeted manner, and strengthen the management of relevant loans. Chapter 4 Agreement and Disbursement Article 23 The lender shall sign a written loan contract with the borrower, and if a guarantee is required, a guarantee contract shall be signed at the same time. Lenders should require borrowers to sign loan contracts and other relevant documents in person, except for loans processed through electronic banking channels.
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Interim Measures for the Administration of Personal Loans
The Interim Measures for the Administration of Personal Loans (hereinafter referred to as the "Measures") are to regulate the personal loan business practices of banking financial institutions and strengthen the prudent operation of the personal loan business. management, effectively prevent risks, promote the healthy development of personal loan business, improve the refined level of credit asset management, and build a harmonious credit culture. The China Banking Regulatory Commission (hereinafter referred to as the "CBRC") is comprehensively learning from and absorbing domestic and foreign personal loan business On the basis of advanced management experience, it was drafted and formulated in accordance with the "Banking Supervision and Administration Law of the People's Republic of China and the State Council", the "Law of the People's Republic of China on Commercial Banks" and other laws and regulations.
1. Article 1 In order to regulate the personal loan business behavior of banking financial institutions, strengthen the prudent operation and management of personal loan business, and promote the healthy development of personal loan business, in accordance with the "Industry Supervision of the People's Republic of China and the Bank of China" These Measures are formulated in accordance with laws and regulations such as the Management Law of the People's Republic of China and the Commercial Bank Law of the People's Republic of China.
2. The People's Republic of China and domestic banking financial institutions established with the approval of the China Banking Regulatory Commission (hereinafter referred to as lenders) shall abide by these Measures when engaging in personal loan business.
3. Personal loans as mentioned in these Measures refer to loans issued by lenders to qualified natural persons for personal consumption, production and operation, etc.
4. Personal loans should follow the principles of legal compliance, prudent operation, equality and voluntariness, fairness and integrity.
5. Lenders should establish an effective full-process management mechanism for personal loans, formulate loan management systems and operating procedures for each loan type, clarify the corresponding loan objects and scope, implement differential risk management, and establish various loan types. Assessment and accountability mechanisms for operational links.
6. Lenders should establish a personal loan risk limit management system based on region, variety, customer group and other dimensions.
7. The purpose of personal loans should comply with laws, regulations and relevant national policies. Lenders are not allowed to issue personal loans without designated purposes.
8. Lenders should strengthen loan fund payment management to effectively prevent personal loan business risks. The term and interest rate of personal loans should comply with relevant national regulations.
9. Lenders should establish a reasonable income-debt repayment ratio control mechanism for borrowers, reasonably determine the loan amount and term, and control borrowings based on factors such as the borrower’s income, liabilities, expenditures, loan purposes, guarantees, etc. The repayment amount of a person in each installment shall not exceed his or her repayment ability.
10. The China Banking Regulatory Commission shall supervise and manage the personal loan business in accordance with these Measures.
Chapter 2 Acceptance and Investigation.
11. Personal loan applications should meet the following conditions:
(1) The borrower is a citizen of the People’s Republic of China with full capacity for civil conduct or meets the relevant national regulations Overseas natural person;
(2) The purpose of the loan is clear and legal;
(3) The loan application amount, term and currency are reasonable;
(4) The borrower Have the willingness and ability to repay;
(5) The borrower's credit status is good and there is no major bad credit record;
(6) Other conditions required by the lender.
12. Lenders should require borrowers to submit personal loan applications in writing and require borrowers to provide relevant information that can prove they meet the loan conditions.
13. After accepting the borrower’s loan application, the lender shall perform due diligence duties, investigate and verify the authenticity, accuracy and completeness of the personal loan application content and related circumstances, and form an investigation and evaluation opinion. . [2]
14. Loan investigation includes but is not limited to the following:
(1) Basic information of the borrower;
(2) Income of the borrower Situation;
(3) Purpose of loan;
(4) Borrower’s repayment source, repayment ability and repayment method;
(5) Guarantor Willingness to guarantee, ability to guarantee, or value and liquidity of collateral (pledge).
15. Loan investigation should be based on on-site investigation, supplemented by indirect investigation, and adopt methods such as on-site verification, telephone inquiry and information consultation.
16. On the premise that the legitimate rights and interests of the borrower are not harmed and the risks are controllable, the lender may prudently entrust a third party to handle some specific matters in the loan investigation, but the qualifications of the third party must be clearly defined. condition.
The lender shall not entrust a third party to complete all loan investigation matters.
How to get a loan for an individual business license?
Application conditions
Personal business loans are available to Chinese citizens (excluding residents of Hong Kong, Macao and Taiwan) who comply with the bank’s personal business loan policy and have full capacity for civil conduct, including individual business owners. person, the main partner of a sole proprietorship/partnership/limited liability company or the main natural person shareholder, etc. If the legal person is not the main partner, actual controller or shareholder of the enterprise, it does not meet the requirements of the personal operating loan method.
1. Aged above 18 years old (inclusive) and below 60 years old (inclusive), have a fixed residence within the jurisdiction of the branch, and have a permanent residence or valid residence certificate;
2. The borrower and its operating entities have good credit and stable operations;
3. Other conditions specified by the relevant banks.
Processing process:
1. The borrower applies for a loan to the bank and submits relevant materials.
2. With the approval of the bank, the borrower and the guarantor sign a loan contract and a guarantee contract with the institution.
3. After the bank implements the loan conditions, it will handle the loan procedures according to the prescribed procedures and transfer the loan funds to the borrower's account.
4. The borrower repays the loan principal and interest on time.
5. After the loan is settled, go to the bank to go through the mortgage withdrawal procedures.
Extended information
Business characteristics
Currently, domestic banks’ personal business loans have the following characteristics:
1. High loan limit: For example, the maximum loan amount of China Merchants Bank's personal operating loan can reach 30 million yuan; the Industrial and Commercial Bank of China's loan amount can reach 10 million yuan;
2. Long loan period: general credit can last up to 10 years, and a single loan can be up to 10 years. The loan can last up to 5 years;
3. There are many guarantee methods: pledge, mortgage, natural person guarantee, professional guarantee company guarantee, market manager guarantee, joint guarantee, mutual guarantee, combination guarantee and other flexible options Various guarantee methods.
4. It has a revolving loan function: this type of loan can be applied for once, used repeatedly, and can be borrowed and repaid at any time, which is convenient and fast.