General rules for loans

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The general rules for loans are to standardize the loan behavior, safeguard the legitimate rights and interests of both lenders and borrowers, and ensure that Credit assets Safety, improving loan Overall benefits of use. To promote the sustainable development of society and economy, according to《 Law of the People's Republic of China on Commercial Banks 》These General Rules are formulated and shall come into force as of August 1, 1996.

As of May 4, 2011, the General Principles of Loans continued to be effective^[1] 。 As of February 8, 2018, the General Principles of Loans has been excluded from the "Catalogue of the People's Bank of China's Current Effective Regulations"^[2] 。

Chinese name: General rules for loans
Foreign name: General rule of loan

Purpose: Standardize loan behavior
Role: Safeguard the legitimate rights and interests of both lenders and borrowers
Implementation: From August 1, 1996

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eleven Penalties
twelve supplementary articles

General

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Full text of general loan rules

（ People's Bank of China June 28, 1996)

Article 1 In order to regulate the lending behavior, safeguard the legitimate rights and interests of both lenders and borrowers, and ensure that Credit assets And improve the overall efficiency of loan use. To promote the sustainable development of society and economy, according to《 Law of the People's Republic of China on the People's Bank of China 》、《 Law of the People's Republic of China on Commercial Banks 》And other relevant laws and regulations.

Article 2 The term "lender" as mentioned in these General Rules refers to a Chinese funded financial institution legally established in China to operate the loan business. The term "borrower" as mentioned in these General Rules refers to legal persons, other economic organizations, individual businesses and natural persons who obtain loans from Chinese funded financial institutions operating loan businesses. The term "loan" in these general rules refers to the monetary capital provided by the lender to the borrower and repaying the principal and interest at the agreed interest rate and time limit. The loan currency in this general rule includes RMB and Foreign currency 。

Article 3 The issuance and use of loans shall comply with national laws, administrative regulations and People's Bank of China Administrative rules issued shall follow the principles of efficiency, safety and liquidity.

Article 4 The borrowing and lending activities of the borrower and the lender shall follow the principles of equality, voluntariness, fairness, honesty and credibility.

Article 5 The lender shall follow the principles of fair competition and close cooperation when conducting loan business, and shall not engage in unfair competition.

Article 6 The People's Bank of China and its branches are the regulatory authorities for the implementation of the General Principles on Loans.

types of loans

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Article 7 Self operated loan 、 loan by mandate and Specific loans ：

Self operated loan refers to the loan independently issued by the lender with funds raised in a legal manner, the risk of which is borne by the lender and recovered by the lender principal And interest.

Entrusted loan refers to the loan provided by government departments, enterprises, institutions, individuals and other principals, and determined by the lender (the trustee) according to the principal Loan object , purpose, amount, term, interest rate, etc. The lender (trustee) only collects the service charge and does not bear Loan risk 。

Specific loans refer to the state-owned sole proprietorship ordered by the State Council after approval and taking corresponding remedial measures for the possible losses caused by loans commercial bank Loans granted.

Article 8 short-term loan 、 Medium term loan And long-term loans:

Short term loan means Loan Term Loans within one year (including one year).

Medium term loan refers to the loan with a term of more than one year (excluding one year) and less than five years (including five years).

Long term loan refers to the loan with a term of more than 5 years (excluding 5 years).

Article 9 Credit loan 、 Secured loans and Bill discount ：

Credit loan refers to the loan issued in the borrower's reputation.

Secured Loan means Guaranteed loan 、 mortgage 、 pledge loans 。

Guaranteed loan Refers to the loan issued by a third party who promises to bear the general guarantee liability or joint and several liability as agreed when the borrower fails to repay the loan in accordance with the guarantee method specified in the Guarantee Law of the People's Republic of China.

mortgage Means the loan issued with the property of the borrower or a third party as collateral in the form of mortgage as stipulated in the Guarantee Law of the People's Republic of China.

Pledged loan refers to the loan issued with the movable property or rights of the borrower or a third party as collateral in the form of pledge as stipulated in the Guarantee Law of the People's Republic of China.

Bill discount Means that the lender purchases the borrower before maturity Commercial paper Loans in the form of.

Article 10 Except loan by mandate In addition, the borrower shall provide guarantee when the lender extends the loan. The lender shall strictly examine the repayment ability of the guarantor, the ownership and value of the collateral and pledge, and the feasibility of realizing the mortgage and pledge.

The borrower is confirmed after loan review and assessment Credit If it is good and can repay the loan, it may not provide guarantee.

Term interest rate

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Article 11 Loan Term ：

The term of the loan shall be determined by the borrower and the lender through consultation according to the borrower's production and operation cycle, repayment capacity and the lender's capital supply capacity, and shall be specified in the loan contract.

The maximum term of self operated loan shall not exceed 10 years, and if it exceeds 10 years, it shall be reported People's Bank of China keep on record.

Bill discount The maximum discount period of shall not exceed 6 months from the date of discount to the due date of the bill.

Article 12 Loan extension ：

If the borrower is unable to repay the loan on schedule, the borrower shall apply to the lender for loan extension before the loan maturity date. Whether to extend is decided by the lender. apply Guaranteed loan In case of extension of mortgage loan or pledge loan, the guarantor, mortgagor and pledger shall also issue a written certificate of consent. If there is an agreement, the agreement shall prevail.

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 3 years. Unless otherwise specified by the state. If the borrower does not apply for extension or the application for extension is not approved, the loan will be transferred from the next day after the maturity date Overdue loans Accounts.

Article 13 lending rate Determination of:

The Lender shall People's Bank of China The upper and lower limits of the prescribed loan interest rates shall be determined for each loan and specified in the loan contract.

Article 14 Calculation and collection of loan interest:

The lender and borrower shall collect or pay interest on schedule in accordance with the loan contract and the relevant provisions of the People's Bank of China on interest accrual.

Loaned Exhibition period When the term plus the original term reaches the new interest rate, the loan interest will be charged at the new interest rate from the date of extension.

Overdue loans Collect according to regulations Default interest 。

Article 15 Loan Discount interest ：

According to the national policy, in order to promote the development of certain industries and regional economies, the relevant departments can subsidize interest on loans.

The undertaking bank shall independently examine and issue the discount interest loans of relevant departments, and strictly manage them in accordance with the relevant provisions of these General Rules.

Article 16 Interest suspension, reduction, postponement and exemption of loans:

Except for the decision of the State Council, no unit or individual has the right to decide on the suspension, reduction, postponement or exemption of interest rates. The lender shall, in accordance with the decision of the State Council and within the scope of its duties and powers, specifically handle interest suspension, interest reduction, interest postponement and interest exemption.

borrower

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Article 17 The borrower shall Administration for Industry and Commerce (or competent authority) approved and registered enterprise (public) legal person Other economic organizations , self-employed businesses or those with the nationality of the People's Republic of China Full capacity for civil conduct Natural person.

When applying for a loan, the borrower should have a market for products, efficient production and operation, and no misappropriation Credit funds Abide by the basic conditions such as credit, and shall meet the following requirements:

1、 Have the ability to repay the principal and interest on schedule and pay the original amount Loan interest And the due loan has been repaid; If there is no repayment, a repayment plan approved by the lender has been made.

2、 Except for natural persons and institutional legal persons that do not need to be approved and registered by the industry and commerce department, they shall go through the annual inspection procedures by the industry and commerce department.

3、 Basic account has been opened or General deposit account 。

4、 Except as stipulated by the State Council, the cumulative amount of foreign equity investment of limited liability companies and joint stock limited companies does not exceed 50% of their total net assets.

5、 Borrower's Asset liability ratio To the satisfaction of the Lender.

6、 Enterprise legal person applying for medium and long-term loans for new projects Owner's equity And required by the project total investment The proportion of Capital ratio 。

Article 18 The borrower's rights:

1、 They can independently apply for loans from the main bank or the agency of other banks and obtain loans according to conditions;

2、 Have the right to withdraw and use all loans as agreed in the contract;

3、 Have the right to reject additional conditions beyond the loan contract;

4、 Have the right to report to the lender's superior and People's Bank of China Reflect and report relevant information;

5、 With the consent of the lender, the lender has the right to transfer the debt to a third person.

Article 19 Obligations of the borrower:

1、 It shall truthfully provide the information required by the lender (except for the information that cannot be provided according to the law), truthfully provide the lender with all the account opening banks, account numbers and deposit and loan balances, and cooperate with the lender in its investigation, review and inspection;

2、 It shall be used by the lender Credit funds Information and relevant production and operation Financial activities Supervision;

3、 The loan shall be used for the purpose agreed in the loan contract;

4、 The principal and interest of the loan shall be paid off in a timely manner as agreed in the loan contract;

5、 If the debt is transferred in whole or in part to a third person, the consent of the lender shall be obtained;

6、 In case of any situation endangering the security of the creditor's rights of the lender, the lender shall be notified in a timely manner and preservation measures shall be taken at the same time.

Article 20 Restrictions on the Borrower:

1、 It is not allowed to obtain loans from two or more branches of the same level in the same jurisdiction of one lender.

2、 They shall not provide lenders with false balance sheets, profit and loss statements, etc. or conceal important facts.

3、 Loans shall not be used for equity investment, unless otherwise stipulated by the State.

4、 The loan shall not be used in securities , futures, etc.

5、 Except for borrowers who have obtained the qualification to operate real estate according to law, they shall not use loans to operate real estate business; Borrowers who have legally obtained the qualification to operate real estate shall not use loans to engage in Real estate speculation 。

6、 It is not allowed to fraudulently obtain loans to borrow money for illegal income.

7、 Foreign currency loans shall not be used in violation of the State regulations on foreign exchange control.

8、 It is not allowed to defraud loans by fraudulent means.

lender

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Article 21 The lender must People's Bank of China To approve the operation of loan business, he/she shall hold the "Legal Person License for Financial Institutions" or "Business License for Financial Institutions" issued by the People's Bank of China, and be approved and registered by the industrial and commercial administration department.

Article 22 Lender's Rights

According to the loan conditions and Loan procedures To independently review and decide on loans, except those approved by the State Council Specific loans In addition, they have the right to refuse any unit or individual to force them to grant loans or provide guarantees.

1、 Require the borrower to provide information related to the loan;

2、 Decide whether to lend or not, loan amount, term and interest rate according to the borrower's conditions;

3、 Understand the borrower's Production and operation activities and Financial activities ；

4、 Transfer from the borrower's account according to the contract Loan principal And interest;

5、 If the borrower fails to perform its obligations under the loan contract, the lender has the right to require the borrower to repay the loan in advance or stop paying the loan that has not been used by the borrower in accordance with the contract;

6、 When the loan will suffer or has suffered losses, measures can be taken to protect the loan from losses in accordance with the provisions of the contract.

Article 23 Obligations of the Lender:

1、 The type, term and interest rate of the loans operated shall be announced, and the borrower shall be consulted.

2、 The loan review should be made public Credit Contents and conditions for granting loans.

3、 The lender shall review the borrower's loan application and reply to the loan or no loan in a timely manner. short-term loan The response time shall not exceed 1 month, and the response time for medium and long-term loans shall not exceed 6 months; Unless otherwise specified by the state.

4、 The borrower's debts, finance, production and business operations shall be kept confidential, except for those inquired according to law.

Article 24 Restrictions on the Lender:

1、 The issuance of loans must strictly comply with the provisions of the People's Republic of China Commercial Bank Law 》Article 39 About asset-liability ratio management In accordance with the relevant provisions of Article 40 Credit loan Distribution to related parties Secured loans The conditions of the loan shall not be superior to those of other borrowers.

2、 Under any of the following circumstances, the borrower shall not be granted loans:

（1） Those who do not meet the qualifications and conditions specified in Article 17 of Chapter IV of the General Rules;

（2） Producing, operating or investing in products or projects expressly prohibited by the state;

（3） Violating the provisions of the State on foreign exchange control;

（4） The construction project should be reported to the relevant departments for approval according to the state regulations, but the approval document has not been obtained;

（5） The production, operation or investment project has not been approved by the environmental protection department;

（6） Failing to pay off the original loan debt, implement the original loan debt or provide corresponding guarantee in the process of system changes such as contracting, leasing, pooling, merger (merger), cooperation, division, paid transfer of property rights, shareholding reform, etc;

（7） Having other serious illegal business operations.

3、 Without People's Bank of China Upon approval, no foreign currency loans shall be granted to natural persons.

IV Self operated loan and Specific loans , except for the interest calculated and collected according to the regulations of the People's Bank of China, no other fees shall be collected; loan by mandate , no other fees shall be charged except for the service charges according to the regulations of the People's Bank of China.

5、 It is not allowed to advance funds to the client, unless otherwise stipulated by the state.

6、 Strict control Credit loan , actively promote Secured loans 。

Loan procedures

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Article 25 Loan application

If the borrower needs a loan, he shall directly apply to the main bank or the agency of other banks.

The borrower shall fill in the Loan Application Form with the main contents of the loan amount, loan purpose, repayment ability and repayment method, and provide the following information:

1、 Basic information of the borrower and guarantor;

2、 The financial report of the previous year approved by the financial department or accounting (audit) firm, and the financial report of the previous period before the loan application;

3、 Rectification of loans that were unreasonably occupied;

4、 The list of mortgaged property and pledged property, and the consent of the person with the right to dispose of the mortgaged property pledge And the relevant supporting documents that the guarantor intends to agree to guarantee;

V Project Proposal And feasibility report;

6、 Other relevant materials deemed necessary by the lender.

Article 26 Evaluation of the borrower's credit rating:

The borrower's credit rating shall be assessed according to the borrower's leader quality, economic strength, capital structure, performance, operating efficiency, development prospects and other factors. The rating can be independently carried out by the lender, controlled internally, or carried out by an evaluation agency approved by competent authorities.

Article 27 Loan investigation:

After accepting the borrower's application, the lender shall assess the borrower's credit rating and the legality, security profitability To verify the collateral, pledge and guarantor, and determine the risk of the loan.

Article 28 Loan approval:

The lender shall establish Separation of loan audit , loan management system of hierarchical approval. The examiners shall verify, evaluate and retest the data provided by the investigators Loan risk degree , put forward opinions and submit them for approval according to the specified authority.

Article 29 Signing of loan contract:

For all loans, the lender shall sign a loan contract with the borrower. A loan contract shall stipulate the type of loan, the purpose, amount and interest rate of the loan, the term of the loan, the method of repayment, the rights and obligations of both the borrower and the lender, the liability for breach of contract and other matters that both parties deem necessary to agree on.

For guaranteed loans, the guarantor shall sign a guarantee contract with the lender, or the guarantor shall specify the guarantee terms agreed with the lender on the loan contract, affix the official seal of the guarantor's legal person, and Legal representative Or its authorized agent. Mortgage pledge loans The mortgagor, the pledger and the lender shall sign a mortgage contract and a pledge contract. If registration is required, registration shall be carried out according to law.

Article 30 Loan issuance:

The lender shall issue the loan on schedule according to the provisions of the loan contract. If the lender fails to issue the loan on schedule as agreed in the contract, it shall pay liquidated damages. If the borrower does not use the money as agreed in the contract, it shall pay liquidated damages.

Article 31 Post loan inspection:

After the loan is granted, the lender shall track, investigate and inspect the borrower's performance of the loan contract and the borrower's business.

Article 32 Loan repayment:

The borrower shall repay in full and on time in accordance with the provisions of the loan contract Loan principal and interest 。

Lender in short-term loan 1 week before expiration Medium and long-term loans A notice of repayment of principal and interest shall be sent to the borrower one month before the maturity; The borrower shall prepare funds in time and repay the principal and interest on schedule.

The lender shall timely issue a collection notice for overdue loans, and collect the principal and interest of overdue loans.

If the lender fails to repay the loan within the time limit agreed in the loan contract, it shall impose a penalty on the interest in accordance with the provisions; If the principal and interest cannot be repaid or the repayment of principal and interest cannot be implemented, the repayment shall be urged or legal proceedings shall be instituted.

The borrower shall negotiate with the lender to repay the loan in advance.

Bad supervision

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Article 33 The lender shall establish and improve the loan quality supervision system Non-performing Loan Classification, registration, assessment and collection.

Article 34 Non performing loans refer to bad debt loans Dead loan 、 Overdue loans 。

Bad debt loans refer to loans classified as bad debt according to relevant regulations of the Ministry of Finance.

Dead loan refers to the loan that is overdue (including the loan due after extension) for more than the specified number of years and still has not been repaid, or the loan that is not overdue or overdue for less than the specified number of years but whose production and operation have been terminated and the project has been suspended (excluding dead loan) according to the relevant regulations of the Ministry of Finance.

Overdue loans refer to loans (excluding dead loans and bad debt loans) that are not repaid when they are due (including those due after extension) as agreed in the loan contract.

Article 35 Registration of non-performing loans:

Non-performing Loan The data shall be provided by the accounting and credit departments, reviewed by the audit department and identified according to the prescribed authority, and the lender shall fill in the non-performing loan information form quarterly. At the same time of reporting to the superior bank People's Bank of China Local branches.

Article 36 Assessment of non-performing loans:

Bad debt loans of lenders Dead loan 、 Overdue loans It shall not exceed the proportion specified by the People's Bank of China. The lender shall assign and assess relevant indicators for bad loans, dead loans and overdue loans to its branches.

Article 37 Collection of non-performing loans and write off of bad loans:

The Credit Department is responsible for the collection of non-performing loans, and the Audit Department is responsible for checking the collection. The lender shall withdraw bad debts in accordance with relevant national regulations reserve And write off bad debt loans according to the conditions and procedures for bad debt write off.

Without the approval of the State Council, the lender may not exempt the loan. Except for the approval of the State Council, no unit or individual may compel the lender to exempt the loan.

Loan liability

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Article 38 The president (manager, director, the same below) is responsible for loan management.

Loans shall be operated and managed at different levels. Governors at all levels shall be fully responsible for the issuance and recovery of loans within the scope of authorization. The President may authorize the Vice President or the loan management department to be responsible for approving loans, and the Vice President or the head of the loan management department shall be responsible to the President.

Article 39 Institutions at all levels of the lender shall establish a loan review committee (group) with the participation of the president or vice presidents (manager, director, the same below) and heads of relevant departments to be responsible for the review of loans.

Article 40 Establishment Separation of loan audit Prepared by:

The loan investigation and evaluation personnel are responsible for the loan investigation and evaluation, and assume the responsibility for investigation errors and evaluation inaccuracies; The loan reviewer is responsible for Loan risk And bear the responsibility for review errors; The loan issuing personnel are responsible for the inspection and collection of loans, and bear the responsibility for the inspection errors and ineffective collection.

Article 41 Establish a hierarchical loan approval system:

The lender shall, according to the business volume, management level and Loan risk degree Determine the examination and approval authority of branches at all levels. Loans exceeding the examination and approval authority shall be submitted to the higher authorities for examination and approval. Branches at all levels shall determine the risk degree of each loan according to the type of loan, the borrower's credit rating, collateral, pledge, guarantor, etc.

Article 42 Establish and improve the credit job responsibility system:

The loan management departments at all levels shall assign the management responsibilities of each link of loan management to departments, posts and individuals, and strictly divide the responsibilities of credit staff at all levels.

Article 43 The lender shall establish a resident loan officer system for large borrowers.

Article 44 Establish a separation audit system:

When a loan manager is transferred from his or her original post, he or she shall pay the loan manager Loan risk Audit the situation.

Loan creditor's rights

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Article 45 The borrower shall not, in violation of the law, evade bank debts or misappropriate them by means of merger, bankruptcy or shareholding reform Credit funds ； It is not allowed to evade the lender's credit supervision and repayment by contracting, leasing, etc Loan principal and interest Responsibility.

Article 46 The lender has the right to participate in the borrower's Debt restructuring The borrower shall be required to implement the loan repayment.

Article 47 The lender shall require the borrower who carries out contracting or leasing operations to specify in the contracting or leasing contract the responsibility for repayment of the original loan debt.

Article 48 The lender shall require the borrower who has implemented the shareholding reform to sign a new loan contract to clarify the repayment responsibility of the original loan debt.

For borrowers who implement the overall shareholding reform, it should be clear that the debt owed by them should be borne by the reformed company; For the borrower who implements partial shareholding reform, the reformed joint-stock company shall be required to bear the loan debt of the original borrower in proportion to the capital or assets occupied by the borrower.

Article 49 The lender shall require the borrower who forms a new enterprise legal person after the joint venture to Capital fund Or the proportion of assets will implement the loan debt to the new enterprise legal person.

Article 50 The lender shall require the merged (merged) borrower to pay off the loan debt or provide corresponding guarantee before the merger (merger).

If the borrower fails to pay off the loan debt or provide corresponding guarantee, the lender shall require the merged (merged) enterprise or the newly established enterprise after the merger to assume the obligation of restoring the borrower's loan, and sign a new contract or agreement with it.

Article 51 The lender shall require the borrower of a joint venture (cooperation) with a foreign investor to continue to bear the responsibility for repayment of the loan before the joint venture (cooperation), and require the borrower to give priority to repayment of the loan with the proceeds obtained. The borrower has used the loan as collateral pledge The lender's consent must be solicited when the property of.

Article 52 The lender shall require the separated borrower to pay off the loan debt or provide corresponding guarantee before the separation.

If the borrower fails to pay off the loan debt or provide corresponding guarantee, the lender shall require the enterprises after division to bear the repayment liability for the loan owed by the original borrower according to the proportion of capital or assets in the division or the agreement. The borrower establishing a subsidiary shall require its subsidiary to bear and repay the corresponding loan debt of the parent company in proportion to the capital or assets obtained.

Article 53 The lender shall require the borrower to transfer the property right for compensation or apply for dissolution Transfer of property rights Or the repayment of loan debts must be carried out before dissolution.

Article 54 The lender shall participate in the identification of the borrower's bankruptcy property and the disposal of creditor's rights and debts in accordance with relevant laws pledge Or other secured loan creditor's rights, the lender has the priority to be repaid according to law; The loan creditor's rights without property guarantee shall be repaid according to legal procedures and proportions.

Special provisions

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Article 55 Establish the loan sponsor system:

The Borrower shall People's Bank of China To establish a loan sponsor relationship with the lender who opens a basic account.

The borrower is divided Shareholding reform , major project construction, etc Credit funds Importance of use and safety economic activity The sponsor should be consulted in advance. One borrower can only have one loan sponsor, which shall be changed with the change of the basic account.

The sponsor bank does not guarantee funds, but should provide loans to the borrower in a planned manner as required, and provide the borrower with necessary financial services such as information consultation and agency.

The loan sponsor system and implementation measures shall be separately formulated by the People's Bank of China.

Article 56 Syndicated loan One lender should be designated as the lead bank, and a syndicated loan agreement should be signed to clarify the rights and obligations of each lender and jointly review the loan project. The lead bank shall supervise the repayment of the loan according to the proportion determined in the agreement. The Measures for the Administration of Syndicated Loans shall be People's Bank of China As otherwise specified.

Article 57 Specific loans Administration:

Wholly state-owned commercial bank Special loans shall be issued and managed in accordance with the provisions of the State Council.

The specific loan management measures shall be stipulated separately.

Article 58 Loans from non bank financial institutions The types, objects and scope of the Bank shall comply with the regulations of the People's Bank of China.

Article 59 The lender issues loans from other places or accepts them remote deposit Shall be reported to the local branch of the People's Bank of China for the record.

Article 60 Credit funds It shall not be used for financial expenditure.

Article 61 Administrative departments at all levels, enterprises and institutions, supply and marketing cooperatives, etc cooperative economy Organizations, rural cooperative foundations and other foundations shall not engage in financial businesses such as deposits and loans. Enterprises shall not, in violation of the provisions of the State, engage in lending or financing business in disguised form.

Penalties

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Article 62 Breach of the Lender asset-liability ratio management Where loans are granted in accordance with relevant regulations《 Law of the People's Republic of China on Commercial Banks 》Article 75 People's Bank of China The person in charge and other persons directly responsible shall be punished in accordance with Article 76.

Article 63 The lender violates the regulations to issue Credit loan Or release Secured loans If the conditions of "" are superior to those of other borrowers for similar loans, punishment shall be imposed in accordance with Article 74 of the Law of the People's Republic of China on Commercial Banks, and the relevant persons directly responsible shall be punished in accordance with Article 76.

Article 64 If the staff of the lender does not refuse to issue loans or provide guarantees forced by the unit or individual, they shall《 Law of the People's Republic of China on Commercial Banks 》Article 85 Disciplinary punishment shall be given, and those who have caused losses shall bear corresponding liability for compensation.

Article 65 If the relevant responsible person of the lender violates the relevant provisions of these General Rules, he/she shall be given disciplinary sanctions and fines; In case of serious circumstances or repeated violations, they shall be transferred from their posts and disqualified; If serious economic losses are caused or other economic crimes are constituted, criminal responsibility shall be investigated in accordance with relevant laws.

Article 66 Under any of the following circumstances People's Bank of China Order correction; If it fails to make corrections within the time limit, the People's Bank of China may impose a fine of not less than 5000 yuan but not more than 10000 yuan:

1、 No publishing house Operating loans The type, term and interest rate of;

2、 Failing to disclose the loan conditions and the contents to be examined when granting loans;

3、 Failing to reply to the borrower's loan application within the specified time limit.

Article 67 The People's Bank of China shall order the lender to correct under any of the following circumstances: if there are illegal gains, the illegal gains shall be confiscated and a fine of not less than one time but not more than three times the illegal gains shall be imposed; If there are no illegal gains, a fine of not less than 50000 yuan but not more than 300000 yuan shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law:

1、 Prepaid by the lender in violation of regulations loan by mandate Capital;

2、 Without People's Bank of China Approving the granting of foreign currency loans to natural persons;

3、 The lender violates the regulations of the People's Bank of China Self operated loan perhaps Specific loans Collecting any other fees in addition to the interest, or collecting any other fees for the entrusted loan in addition to the service fees.

Article 68 Any unit or individual that compels a bank to issue loans or provide guarantees shall《 Law of the People's Republic of China on Commercial Banks 》Article 85 The person in charge directly responsible and other persons or individuals directly responsible shall be given disciplinary sanctions; If economic losses are caused, it shall bear all or part of the liability for compensation.

Article 69 Where a borrower fraudulently obtains a loan, which constitutes a crime, it shall《 Law of the People's Republic of China on Commercial Banks 》Article 80 and other laws provide for a fine and criminal responsibility.

Article 70 The borrower violates the provisions of Article 45 of Chapter 9 of the General Rules and intentionally misappropriates through merger, bankruptcy or shareholding reform Credit funds Shall bear the corresponding part of the liability for compensation and impose a fine in accordance with the relevant laws and regulations; Cause the lender Major economic losses The person directly responsible shall be investigated for criminal responsibility in accordance with relevant laws.

If the borrower violates other provisions of Chapter IX of the General Rules, resulting in the failure of the loan debt, the lender shall stop issuing new loans and recover the original loans in advance. cause Credit assets In case of losses, the borrower and its executives or other individuals shall bear part or all of the liability for compensation. No other lender may make loans to it until it has not fulfilled its liability for compensation.

Article 71 Under any of the following circumstances, the lender shall charge interest on part or all of the loan; If the circumstances are especially serious, the lender shall stop paying the borrower's unused loan and recover part or all of the loan in advance:

1、 The loan is not used for the purpose specified in the loan contract.

2、 With loans equity Equity investment.

3、 Using loans to engage in speculation in securities, futures, etc.

4、 Borrowers who have not legally obtained the qualification for real estate business use loans to operate real estate business; Borrowers who have obtained the qualification to operate real estate according to law Real estate speculation Of.

5、 Not paying off according to the loan contract Loan principal and interest Of.

6、 Fraudulent loan lending to each other for illegal income.

Article 72 Under any of the following circumstances, the borrower shall be ordered by the lender to make corrections. If the circumstances are especially serious or the borrower fails to correct within the time limit, the lender shall stop paying the loan that has not been used by the borrower and recover part or all of the loan in advance:

1、 Providing the lender with false balance sheets, profit and loss statements and other materials that conceal important facts;

2、 Failing to provide the lender with all information such as the bank of deposit, account number and balance of deposits and loans;

3、 Refuse to accept the lender's use of credit funds and relevant production, operation Financial activities Supervised.

Article 73 Administrative departments, enterprises and institutions, stock cooperative economic organizations, supply and marketing cooperatives, rural cooperative foundations and other foundations grant loans without authorization; Where an enterprise lends money or loans in disguised form without authorization People's Bank of China The lender shall be fined not less than one time but not more than five times the illegal income, and shall be banned by the People's Bank of China.

Article 74 If a party refuses to accept the punishment decision of the People's Bank of China, he may apply for reconsideration in accordance with the Administrative Reconsideration Measures of the People's Bank of China (for trial implementation). During the period of reconsideration, the original punishment shall still apply.

supplementary articles

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Article 75 National policy banks foreign-capital financial institution (including foreign capital, Sino foreign joint ventures, branches of foreign-funded financial institutions, etc.) People's Bank of China To be formulated separately.

Article 76 Relevant Foreign government loans Export credit, foreign businessmen Discount loan , under export credit External guarantee And the supporting international commercial loans The People's Bank of China shall separately formulate the administrative measures for.

Article 77 The lender may formulate detailed rules for implementation in accordance with these General Rules and report them to the People's Bank of China for filing.

Article 78 As of the date of implementation of the General Rules, the provisions previously formulated by the People's Bank of China and lenders shall prevail in case of any conflict with the General Rules.

Article 79 The People's Bank of China shall be responsible for the interpretation of these General Principles.

Article 80 These General Rules shall come into force as of August 1, 1996.

General Principles of Loans (Draft for Comments)

Issued on: April 10, 2004 Issued by: People's Bank of China

Chinese people bank Announcement of China Banking Regulatory Commission

In order to meet the needs of the development of the socialist market economy, the People's Bank of China and the China Banking Regulatory Commission have revised the General Principles for Loans (PBOC Order [1996] No. 2) promulgated and implemented in 1996. Now, the revised General Principles for Loans (Draft for Comments) is announced to the public for comments.

All units and individuals should reply to the People's Bank of China by letter, e-mail or fax before May 6, 2004 for their revision comments or suggestions.

Contact: Gao Yuze

Mailing address: No. 32, Chengfang Street, Xicheng District, Beijing

People's Bank of China Financial Market Department

Postal code: 100800

E-mail:

contact number:

Fax:

Annex: General Principles of Loans (Draft for Comments)

general provisions

Chapter II Types, Term and Interest Rate of Loans

Chapter III Borrowers

Chapter IV Lender

Chapter V Loan Management

Chapter VI Special Provisions on Loan Management

Chapter VII Legal Liability

Chapter VIII Supplementary Provisions

general provisions

Article 1 In order to regulate lending activities, maintain the order of the credit market, and safeguard the legitimate rights and interests of both lenders and borrowers, in accordance with the Law of the People's Republic of China on the People's Bank of China, the Law of the People's Republic of China on Commercial Banks, the Law of China on Banking Supervision, the General Principles of the Civil Law, the Contract Law of the People's Republic of China, the Guarantee Law of the People's Republic of China and other laws and regulations, This general rule is formulated.

Article 2 The term "loans" as mentioned in these General Rules refers to financial institutions approved by the banking regulatory authority under the State Council The public The monetary capital lent as a service object on the condition of repayment of principal and interest.

The term "loan business" as mentioned in these General Rules refers to the business activities of lending the right to use monetary funds on the condition of repayment of principal and interest by financial institutions approved by the banking regulatory authority under the State Council.

Article 3 The term "lender" as mentioned in these general rules refers to a financial institution legally established within the territory of the People's Republic of China with the approval of the banking regulatory authority under the State Council and qualified to operate the loan business.

The borrower referred to in these general rules refers to the legal person, other organization or natural person that has established a legal relationship with the lender.

Article 4 The loan currencies in these General Rules include RMB and foreign currency.

Article 5 The loan business conducted within the territory of the People's Republic of China shall not contravene the laws, regulations and relevant provisions of the People's Republic of China.

Article 6 Both lenders and borrowers shall follow the principles of equality, voluntariness, fairness, honesty and credibility.

Article 7 No legal person, other organization or natural person shall interfere with the lender's loan business according to law.

Article 8 The People's Bank of China and the China Banking Regulatory Commission are the administrative organs for the implementation of the General Principles of Loans.

Chapter II Types, Term and Interest Rate of Loans

Article 9 Loans are divided into short-term loan Medium term loans and long-term loans.

Short term loans refer to loans with a term of no more than one year.

Medium term loan refers to the loan with a term of more than one year (excluding one year) and less than five years (including five years).

Long term loan refers to the loan with a term of more than 5 years (excluding 5 years).

Article 10 Loans are divided into Credit loan and Secured loans 。

Credit loans refer to loans that are not guaranteed and only issued according to the credit status of the borrower.

Secured loan refers to the loan issued by the borrower or a third party with legal guarantee. Secured loans include Guaranteed loan Mortgage pledge loans 。

Guaranteed loans mortgage Or pledged loans refer to loans issued in the form of guarantee, mortgage or pledge as stipulated in the Guarantee Law of the People's Republic of China.

Article 11 The loan term shall be determined by both parties according to Loan purpose , capital status, asset conversion cycle, etc.

Article 12 The borrower shall apply for loan extension before the maturity date of the loan, and may extend the loan with the consent of the lender. The lender shall review the reasons for changes and actual needs of the asset conversion cycle required by the loan, adhere to the principle of prudent management, and reasonably determine Loan extension Term.

Article 13 Repayment in advance It shall be agreed in the loan contract and implemented in accordance with the contract. If there is no prior agreement, the consent of the lender shall be obtained.

Article 14 lending rate Level and interest settlement method shall be in accordance with People's Bank of China Interest rate management regulations and other relevant regulations shall be implemented.

Article 15 The lender shall implement loan exemption, interest suspension, interest reduction, interest postponement and interest exemption in accordance with relevant regulations.

Chapter III Borrowers

Article 16 If the borrower is a legal person or other organization, it shall meet the following basic conditions:

（1） Legal persons who have gone through industrial and commercial registration according to law have registered with the administrative department for industry and commerce and have successively gone through the annual inspection procedures; The public institution legal person has registered or filed with the public institution registration authority in accordance with the Interim Regulations on the Administration of the Registration of Public Institutions;

（2） Having legal and stable income or source of income, and having the ability to repay the principal and interest on schedule;

（3） The basic account, settlement account or General deposit account ；

（4） As per People's Bank of China According to the relevant regulations of the People's Bank of China, those who should hold a loan card (No.) must hold a loan card (No.) approved by the People's Bank of China;

（5） Unless otherwise stipulated by the administrative organ.

Article 17 If the borrower is a natural person, it shall meet the following basic conditions:

（1） Having legal identity certificate or valid residence certificate in China;

（2） With Full capacity for civil conduct ；

（3） Good credit, stable income or assets, and the ability to repay principal and interest on schedule

（4） Unless otherwise stipulated by the administrative organ.

Article 18 Organ legal persons and their branches shall not apply for loans; An overseas legal person, other organization or natural person applying for a loan shall not violate the provisions of the State on foreign exchange control.

Article 19 The borrower shall timely and legally provide the lender with the relevant information required by the lender, and shall not conceal or provide false information.

Article 20 The borrower shall accept the supervision of the lender on its financial status and use of the loan according to law.

Article 21 The borrower is prepared to contract, lease, pool, merge (merge), cooperate, split Equity transfer 、 Shareholding reform If major events such as foreign investment may have a significant impact on the normal repayment of loans, the lender shall be notified in writing in advance; In case of any major event involving litigation, the lender shall be notified in writing within 3 working days from the date of litigation. At the same time, at the request of the lender, cooperate with the lender to take loan preservation measures to pay off or implement the original loan debt.

Article 22 The borrower shall use the loan as agreed in the loan contract and repay the principal and interest in full on schedule. If the borrower fails to repay the loan within the agreed time limit, it shall People's Bank of China Payment according to relevant regulations of Overdue interest 。

Article 23 The borrower shall not use the loan for the following purposes:

（1） Produce, operate or invest in products or projects expressly prohibited by the state;

（2） Engaged in equity investment in violation of relevant national regulations, used loans as registered capital, registered capital verification or Capital increase and share expansion ；

（3） Engaging in stocks futures 、 Financial derivatives investment;

（4） Budgetary revenue and expenditure;

（5） Other prohibited uses specified by the state.

Chapter IV Lender

Article 24 The lender must be approved by the banking regulatory authority under the State Council to operate the loan business, hold the Financial License issued by the banking regulatory authority under the State Council, and be approved and registered by the administrative department for industry and commerce.

Article 25 The lender has the right to refuse any legal person, other organization or natural person to force it to issue loans when it independently reviews and decides on loans.

Article 26 The lender shall announce the type, term and interest rate of the loan it operates, and reply to the borrower whether the loan application is accepted or not within 30 days from the date of receiving the loan application.

Article 27 The lender shall keep confidential the borrower's account, assets, financial status and other business secrets as well as personal privacy, unless otherwise stipulated by law or agreed by the parties.

The lender has the right to take legal measures to query the information provided by the borrower, and has the right to submit the borrower's financial statements or collateral and pledge to an institution approved by the lender for audit or evaluation.

Article 28 If the borrower fails to perform its obligations under the loan contract, the lender may, in accordance with the contract, stop issuing the loan, withdraw part of the loan in advance until the loan is in full, or terminate the loan contract.

When the borrower fully performs the loan contract, if the lender fails to provide the loan in full and on time as agreed in the contract, it shall bear the liability for breach of contract as agreed in the contract and bear the losses of a bona fide third party caused thereby.

Article 29 The lender has the right to take measures to protect the loan from losses in accordance with legal provisions or contractual agreements.

If the borrower is unable to repay one or more loans to one or more lenders in accordance with the contract, all lenders can require the borrower to repay one or more loans in accordance with the contract Prepayment 。

Article 30 The lender shall charge reasonable fees in accordance with relevant national regulations.

On loan Credit line After confirmation, the lender shall charge a certain proportion of unused credit line Commitment fee And other related expenses. Specific collection methods and rate The standard shall be implemented according to the contract.

Article 31 The lender shall have the right to reject any additional conditions beyond those stipulated in the loan contract.

Article 32 The lender shall People's Bank of China The loan elements shall be recorded into the bank credit registration and consultation system in a timely manner.

Article 33 When realizing the mortgage and pledge, the lender shall adopt legal methods and procedures, and shall not damage the legitimate rights and interests of the mortgagor and the pledger.

Article 34 The lender shall not grant loans to the borrower in any of the following circumstances after investigation:

（1） The loan for a construction project should be reported to the relevant department for approval according to the state regulations, but the approval document has not been obtained;

（2） Loans for production, operation or investment projects are subject to the approval of environmental protection departments according to national regulations but are not approved;

（3） The borrower fails to pay off or fulfill the original loan debt of the lender in the process of contracting, leasing, pooling, merger (merger), cooperation, division, equity transfer, shareholding reform, etc;

（4） The branch without legal personality is not authorized to borrow money.

（5） The state clearly stipulates that loans are not allowed.

Chapter V Loan Management

Article 35 When applying for a loan, a borrower shall simultaneously provide one or more of the following information:

（1） Basic information of the borrower (and guarantor);

（2） Natural persons must provide valid identity certificates and relevant Credit Status certificate;

（3） Legal persons and other organizations must provide relevant financial reports, of which the annual report must be audited by the relevant department or accounting (auditing) firm with legal effect, and enterprise (public) legal persons should also provide a loan card (number);

（4） List of mortgaged property (pledge), consent of the person with disposal right to mortgage（ pledge ）The certificate of or the relevant documents certifying that the guarantor agrees to guarantee;

（5） Other relevant materials deemed necessary by the lender.

Article 36 After receiving the loan application, the lender shall simultaneously review one or more of the following situations:

（1） Various information provided by the borrower;

（2） The borrower's financial condition cash flow And other non-financial factors such as historical repayment records to assess the borrower's repayment ability;

（3） Evaluate the borrower's credit rating. The borrower's credit rating shall be assessed according to the borrower's personnel quality, economic strength, capital situation, performance record, operating efficiency, development prospects and other factors. The rating can be independently carried out by the lender, controlled internally, or carried out by an evaluation agency approved by competent authorities.

（4） Quality and legal effect of guarantee;

（5） When issuing corporate loans, the borrower's assets and liabilities must be strictly reviewed and the borrower's cash flow ；

（6） Distribution Project loan The future cash flow forecast, pledge, mortgage, guarantee or insurance of the loan project must be evaluated, and the Project Proposal and Feasibility study report ；

（7） When granting loans to affiliated enterprises, the assets, liabilities, financial status External guarantee And mutual insurance between affiliated enterprises.

Article 37 Issuance by the Lender Secured loans It shall strictly examine the repayment ability of the guarantor, whether it acts as the guarantor in violation of state regulations, the ownership and value of the mortgaged property and pledged property, and the feasibility of realizing the mortgage and pledge.

Issued by the lender Credit loan The borrower must be strictly reviewed and evaluated to confirm that Credit Have the ability to repay.

Article 38 To grant guaranteed loans, a guarantee contract must be signed and the guarantee procedures must be gone through in accordance with the provisions of the Guarantee Law of the People's Republic of China. If registration is required, it shall be carried out according to law; If delivery is required, it shall be delivered according to law.

Article 39 The lender's rights pledge When granting secured loans by means of, the right used for pledge shall be the right that has been clearly defined as pledge according to law.

Article 40 The lender and the borrower shall sign a loan contract in accordance with the Contract Law of the People's Republic of China, unless otherwise stipulated by the state.

Article 41 According to the borrower's prior agreement, the lender may participate in the borrower's foreign investment assets reorganization And other major events or major related party transactions, and the implementation of effective guarantees and repayment of principal and interest.

Article 42 The lender shall make statistics on the loans on an annual basis according to the remaining term and amount of the loans from the maturity, and compare the debt maturity with the Exposure and mobility Management.

Article 43 The lender shall uniformly determine the loans, commitments, acceptances, guarantees and other off balance sheet businesses of a single borrower and its affiliated enterprises General credit limit , centralized risk control.

Article 44 The lender shall implement a prudent and effective authorization system for credit management.

Article 45 The lender may agree with the borrower in writing that if the borrower fails to repay the principal and interest on schedule, the lender may deduct from the borrower's account opened in the lender's business institution Loan principal and interest And notify the borrower in a timely manner.

Article 46 For an installment loan, the lender may agree with the borrower that if a certain installment loan fails to be repaid, it may be extended or collected Overdue interest Other undue loans can be treated as matured loans.

Article 47 The lender shall Loan risk Status classifies loans into normal, concerned, subordinated, doubtful and loss categories. The lender shall timely collect overdue loans. yes Project loan According to the number of overdue days, and corporate loans, loans are classified into five grades: 90 days overdue, 180 days overdue, 270 days overdue, 360 days overdue and more than 360 days overdue, which are used as important reference indicators for loan quality classification. yes Retail loans More detailed division of overdue days shall be made according to the above provisions.

Article 48 Failure to repay the borrower in accordance with the contract Loan principal and interest Or if it is unable to implement the repayment of principal and interest, the lender shall timely preserve the creditor's rights, and may disclose in the news media or take legal measures such as litigation when necessary.

Article 49 The lender may accept the borrower, the guarantor, the mortgagor or the pledger to repay the loan with non monetary assets. If the appraised amount is not enough to repay the loan principal and interest, the borrower shall continue to repay the outstanding part; If the appraised amount exceeds the outstanding principal and interest of the loan, the lender shall pay the excess amount to the borrower.

Non monetary assets acquired by the lender shall be disposed in a timely manner in accordance with the principle of prudence.

Article 50 The lender shall establish and improve the loan Risk warning The system and quality monitoring system classify, identify, register, assess and collect non-performing loans.

Article 51 The lender shall, in accordance with the relevant provisions of the Ministry of Finance and the banking regulatory authority under the State Council, withdraw Loan loss reserve 。

Article 52 The lender shall, in accordance with the relevant provisions of the Ministry of Finance Write off of non-performing loans 。

Chapter VI Special Provisions on Loan Management

Article 53 Syndicated loan Means a form of loan in which multiple lenders approved to operate the loan business provide funds to the same borrower in accordance with the same loan agreement.

Article 54 Financial institutions engaged in loan business at home and abroad can become lenders of syndicated loans, and choose the applicable laws in accordance with legal provisions.

Article 55 Each lender of the syndicated loan shall sign an agreement to clearly specify the rights and obligations of the lead party, the agent and the participants, or stipulate in the Loan Contract.

Article 56 Syndicated loan The lender of.

Article 57 The leading party and participants of the syndicated loan shall provide loans to the borrower on schedule according to the requirements of the syndicated loan contract.

Article 58 The leading party or agent of the syndicated loan shall inform the participating banks of the borrower's financial status and other information in a timely manner.

Article 59 The lender of a syndicated loan may require the borrower to pay the relevant expenses of the syndicated loan, and the allocation plan of the expenses of the syndicated loan shall be determined by the lenders participating in the syndicate through consultation.

Article 60 The leading party or agent of the syndicated loan shall, in accordance with the provisions of the agreement, transfer the loan repaid by the borrower to each participant in a timely manner.

If the borrower is unable to perform its obligations under the loan contract, the lender of the syndicated loan shall demand repayment in accordance with the repayment ratio agreed in the loan contract.

Article 61 The lender shall transfer the loan in accordance with the relevant provisions of the state.

Transferee abroad Loans from financial institutions Shall comply with the provisions of the State Administration of Foreign Exchange and other relevant departments.

Article 62 Loan transfer Including loan transfer with recourse reserved and loan transfer without recourse reserved. The transferor shall record the loan transfer with the right of recourse reserved by the transferee off the balance sheet and manage and disclose it in accordance with the relevant provisions on contingent liabilities.

Article 63 The loan transferor must provide relevant information related to the price and risk of the transferred loan, and may not conceal or provide false information.

Article 64 The transferee of a loan must be a financial institution approved by the banking regulatory authority under the State Council to engage in loan business. Other loan transfers must be approved by the banking regulatory authority under the State Council.

Article 65 The transferee of a loan may manage the transferred loan on its own or entrust another financial institution approved by the banking regulatory authority under the State Council to manage the loan on its behalf.

Article 66 If the lender transfers all or part of the loan creditor's rights to a third person, it shall notify the borrower in writing or by public announcement within 30 days from the date of transfer. If the lender fails to notify the borrower, the transfer will not have legal effect on the borrower.

Article 67 If the borrower transfers all or part of the loan debt to a third person, it must obtain the lender's written consent in advance.

Article 68 Before agreeing the borrower to transfer all or part of the loan to a third person, the lender must strictly review the credit status and repayment ability of the third person, and the specific evaluation and review procedures shall be in accordance with the loan issuance.

Chapter VII Legal Liability

Article 69 Where a borrower fraudulently obtains a loan, it shall《 Law of the People's Republic of China on Commercial Banks 》Penalties are prescribed in Articles 82 and 83.

Article 70 If the borrower violates the provisions of Articles 18, 19, 20, 21, 22 and 23 of these General Rules and the lender orders it to make corrections, if it refuses to make corrections, the lender may, depending on the circumstances, stop issuing loans, recover part of the loans in advance or even all the loans. If losses are caused, the borrower and its executives or other responsible persons shall be liable for compensation.

Article 71 Any staff member of the lender who, in violation of the provisions of these General Rules, grants loans to relatives or friends for personal gain and causes losses, shall bear all or part of the liability for compensation.

Article 72 If a unit or individual compels the lender to issue a loan, or if the lender's staff fails to refuse to issue a loan《 Law of the People's Republic of China on Commercial Banks 》Article 88 Punishment shall be imposed.

Article 73 Where a lender commits any of the following acts, the banking regulatory authority shall《 Law of the People's Republic of China on Commercial Banks 》Article 74.

（1） Issue credit loans to related parties;

（2） The conditions for granting guaranteed loans to related parties are superior to those for similar loans to other borrowers;

（3） Raising or lowering interest rates in violation of regulations or taking other unfair means of competition to issue loans;

Article 74 Without the approval of the banking regulatory authority under the State Council, any legal person, other organization or natural person engaged in or in disguised form engaged in the loan business specified in these General Principles shall be banned by the banking regulatory authority, and the illegal gains shall be confiscated in accordance with the provisions of the Measures for the Suppression of Illegal Financial Institutions and Illegal Financial Business Activities, And a fine of not less than one time but not more than five times the illegal gains; If there are no illegal gains, a fine of not less than 100000 yuan but not more than 500000 yuan shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 75 The banking regulatory authority under the State Council shall order the lender to make corrections in any of the following circumstances:; If it fails to make corrections within the time limit, the banking regulatory authority shall impose a fine of not less than 100000 yuan but not more than 500000 yuan:

（1） Violation People's Bank of China The interest is calculated and settled according to the regulations on interest rate management;

（2） As agreed in the loan contract Loan Term Exceeding the maximum loan term stipulated by the administrative authority;

(III) Loan extension The time limit exceeds the maximum extension period stipulated by the administrative organ.

Article 76 If the lender violates the provisions of Article 26, Article 27 and Article 33 of these General Rules, the banking regulatory authority shall order it to make corrections; If it fails to make corrections within the time limit, the banking regulatory authority shall impose a fine of not less than 100000 yuan but not more than 500000 yuan. If it causes losses to the borrower, it shall bear the corresponding liability for compensation.

Article 77 If the lender violates the provisions of Articles 30 and 32 of these General Rules, the banking regulatory authority shall order it to make corrections; If it fails to make corrections within the time limit, the banking regulatory authority shall impose a fine of not less than 100000 yuan but not more than 500000 yuan.

Article 78 If a lender violates the provisions of Article 34 of these General Rules to issue a loan, the banking regulatory authority shall, depending on the seriousness of the case, warn the lender and impose a fine of not less than 100000 yuan but not more than 500000 yuan, or even revoke the business license of the lender or its relevant branch.

Article 79 If the lender violates the provisions of Article 36 of these General Rules by failing to strictly examine the borrower, resulting in loan losses, the banking regulatory authority shall, depending on the seriousness of the case, warn the lender and impose a fine of not less than 100000 yuan but not more than 500000 yuan, or even revoke the operating license of the lender or its relevant branch.

Article 80 The lender fails to make timely and full provision in accordance with the relevant provisions of the Ministry of Finance and the banking regulatory authority under the State Council Loan loss reserve The banking regulatory authority shall give a warning and order it to make corrections; If the lender refuses to correct, it shall be punished by the banking regulatory authority in accordance with the relevant provisions of the State.

Chapter VIII Supplementary Provisions

Article 81 The issuance of loans by policy banks shall be governed by these General Rules with reference to other provisions of the State.

Article 82 foreign-capital financial institution The General Principles shall apply to the issuance of loans, and those otherwise provided by laws and regulations shall prevail.

Article 83 The General Rules are formulated by People's Bank of China The China Banking Regulatory Commission is jointly responsible for the interpretation.

Article 84 These General Rules shall come into force as of. In case of any conflict with the General Rules, the General Rules shall prevail.

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