Chapter I General Provisions
Article 1 In order to standardize the personal loan business of banking financial institutions, strengthen the prudent management of personal loan business and promote the healthy development of personal loan business, these Measures are formulated in accordance with the Banking Supervision Law of the People's Republic of China, the People's Republic of China (PRC) Commercial Bank Law and other laws and regulations.
Article 2 People's Republic of China (PRC) and banking financial institutions established in China with the approval of China Banking Regulatory Commission (hereinafter referred to as lenders) shall abide by these Measures when engaging in personal loan business.
Article 3 The term "personal loans" as mentioned in these Measures refers to loans in local and foreign currencies issued by lenders to qualified natural persons for personal consumption, production and operation.
Article 4 Personal loans shall follow the principles of compliance with laws and regulations, prudent operation, equality, voluntariness, fairness and good faith.
Article 5 Lenders shall establish an effective whole-process management mechanism for personal loans, formulate loan management systems and operating procedures for each loan type, define the corresponding loan objects and scope, implement differentiated risk management, and establish an assessment and accountability mechanism for each operation link of loans.
Article 6 A lender shall establish a personal loan risk limit management system according to the dimensions of region, variety and customer base.
Article 7 The use of personal loans shall comply with the provisions of laws, regulations and relevant state policies, and lenders shall not issue personal loans without specific purposes.
Lenders should strengthen the management of loan fund payment and effectively guard against personal loan business risks.
Article 8 The term and interest rate of personal loans shall be implemented in accordance with the relevant provisions of the state.
Article 9 The lender shall establish a reasonable control mechanism for the borrower's income and debt ratio, reasonably determine the loan amount and term in combination with the borrower's income, liabilities, expenses, loan purposes, guarantees and other factors, and control the borrower's repayment amount in each installment not to 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 II Acceptance and Investigation
Article 11 An individual loan application shall meet the following conditions:
(1) The borrower is a People's Republic of China (PRC) citizen with full capacity for civil conduct or an overseas natural person who meets the relevant provisions of the state;
(2) The purpose of the loan is clear and legal;
(3) The amount, duration and currency of the loan application are reasonable;
(4) The borrower has the willingness and ability to repay;
(5) The borrower's credit status is good and there is no significant bad credit record;
(6) Other conditions required by the lender.
Article 12 The lender shall require the borrower to apply for a personal loan in writing, and require the borrower to provide relevant materials that can prove that it meets the loan conditions.
Article 13 After accepting the borrower's loan application, the lender shall fulfill the obligation of due diligence, investigate and verify the authenticity, accuracy and completeness of the personal loan application content and related information, and form an investigation and evaluation opinion.