1、贷款通则Peoples Bank of China， Lending General ProvisionsPART ONE ： GENERAL PROVISIONSArticle 1 These General Provisions are formulated in accordance with the PRC， Peoples Bank of China Law and the PRC， Commercial Banking Law and other relevant laws and regulations in order to regulate lending activitie
2、s， safeguard the lawful rights and interests of lenders and borrowers， guarantee the safety of credit loan assets， enhance the overall benefit of loan usage and promote the continued development of the socialist economy.Article 2 The term “lenders” in these General Provisions shall refer to Chinese-
3、invested financial organizations engaged in the lending business that were lawfully established inside the Peoples Republic of China.The term “borrowers” in these General Provisions shall refer to legal persons， other economic organizations， individual industrialists or merchants or natural persons
4、that obtain loans from a Chinese-invested financial organization engaged in the lending business.The term “loans” in these General Provisions shall refer to monetary funds that a lender provides to a borrower and the principal of which is to be repaid， and interest on which is to be repaid at an agr
5、eed rate and within an agreed time limit.The term “loan currency” in these General Provisions shall include Renminbi and foreign currency.Article 3 The granting and use of a loan shall conform to the laws and administrative regulations of the State and the administrative rules and regulations promul
6、gated by the Peoples Bank of China， and shall respect the principles of beneficiality， security and liquidity.Article 4 Lending and borrowing activities between a borrower and a lender shall abide by the principle of equality， voluntariness， fairness and honesty and trustworthiness.Article 5 In the
7、development of lending business， lenders shall abide by the principle of fair competition and close co-operation， and may not engage in unfair competition.Article 6 The Peoples Bank of China and its branches shall be the regulatory authorities for the implementation of the Lending General Provisions
8、.PART TWO TYPES OF LOANSArticle 7 Loans for ones own account， entrusted loans and specially designated loans：“Loans for ones own account” shall refer to loans granted on ones own initiative using funds raised by lawful means， the risk of which shall be borne by the lender， and of which the principal
9、 and interest shall be collected by the lender.“Entrusted loans” shall refer to loans for which the funds are provided by an entrusting party such as a government department， a unit of an enterprise or institution， or an individual， of which the use is supervised and the recovery assisted by the len
10、der （being the entrusted party） in accordance with the loan beneficiary， purpose， amount， term， interest rate， etc. determined by the entrusting party. The lender （being the entrusted party） receives only a handling fee but does not bear the loan risk.“Specially designated loans” shall refer to loan
11、s which a wholly State-owned commercial bank is ordered to grant upon approval by the State Council， and after appropriate remedial measures are adopted to cover losses that may arise from such a loan.Article 8 Short-term， medium-term and long-term loans：“Short-term loan” shall refer to loan with a
12、term of one year or less （including one year）。“Medium-term loan” shall refer to a loan with a term of over one year （not including one year） and not more than five years （including five years）。“Long-term loan” shall refer to a loan with a term of over five years （not including five years）。Article 9
13、Fiduciary loans， secured loans and discounting of negotiable instruments：“Fiduciary loan” shall refer to a loan granted on the reputation of the borrower.“Secured loan” shall refer to a guaranteed loan， mortgage loan or pledge loan.“Guaranteed loan” shall refer to a loan granted under the condition
14、that a third party undertakes to bear ordinary or joint and several guarantee liability as agreed， in accordance with the forms of guarantee stipulated in the PRC， Security Law， if the borrower fails to repay the loan.“Mortgage loan” shall refer to a loan granted against the property of the borrower
15、 or a third party as the mortgaged property， in accordance with the forms of mortgage stipulated in the PRC， Security Law.“Pledge loan” shall refer to a loan granted against movable property or a right of the borrower or a third party as a pledged item in accordance with the forms of pledge stipulat
16、ed in the PRC， Security Law.“Discounting of negotiable instrument” shall refer to a loan granted through the purchase by the lender of a commercial negotiable instrument before maturity from the borrower.Article 10 Except in the case of an entrusted loan， where a lender grants a loan， the borrower s
17、hall provide a guarantee. The lender shall conduct a strict examination into the repayment capability of the guarantor， and the ownership and value of a mortgaged property or pledged item， as well as the feasibility of realizing the mortgage rights or pledging rights.Where， upon loan examination and
18、 assessment， the good creditworthiness and actual capability to repay the loan of the borrower is appraised and confirmed， it is permissible for a guarantee not to be provided.PART THREE TERM AND INTEREST RATE OF A LOANArticle 11 Term of a loan：The term of a loan shall be determined after consultati
19、ons between the lender and the borrower according to the borrowers production or business cycle and repayment capability， and the lenders ability to provide funds， and shall be stated clearly in the lending contract.The term of a loan for ones own account shall generally not exceed ten years. Loans
20、with a term exceeding 10 years shall be reported to the Peoples Bank of China for the record.The term of discount for the discounting of negotiable instruments shall not exceed six months. The term of discount shall be from the date of discounting to the date of maturity of the negotiable instrument
21、s.Article 12 Extension of the term of a loan：Where a loan cannot be repaid on time， the borrower shall， before the date of maturity of the loan， apply to the lender for an extension of the term of such loan. The lender shall decide whether or not to extend the term. Where an application is made for
22、extension of the term of a guaranteed loan， mortgage loan or pledge loan， the guarantor， mortgagor or pledgor shall additionally issue written proof of his or its consent. Where arrangements have already been made， matters shall be implemented in accordance with such arrangements.Extensions of the t
23、erm of a short-term loan may not cumulatively exceed the original term of the loan； extensions of the term of a medium-term loan may not cumulatively exceed half of the original term of the loan； and extensions of the term of a long-term loan may not cumulatively exceed three years， unless regulatio
24、ns of the State provide otherwise. Where a borrower does not apply for an extension， or the application for an extension is not approved， the loan shall become an overdue loan account as of the day after the date of maturity of the loan.Article 13 Determination of interest on a loanThe lender shall
25、confirm the interest rate for each loan in accordance with the maximum and minimum lending interest rates specified by the Peoples Bank of China， and specify the rate in the loan contract.Article 14 Calculation and collection of interest on a loanThe lender and the borrower shall calculate and colle
26、ct or pay interest on schedule in accordance with the lending contract and regulations of the Peoples Bank of China regarding the calculation of interest.If the extended and the original terms， when added together， fall within a new interest rate bracket， lending interest from the date of the extens
27、ion shall be calculated and collected in accordance with the new interest rate bracket.Penalty interest shall be calculated and collected on overdue loans in accordance with regulations.Article 15 Subsidized interest for loans：Based on State policy， relevant departments may subsidize interest for lo
28、ans， in order to promote the economic development of certain industries or regions.A bank that undertakes loans for which relevant departments subsidize interest， shall investigate and grant such loans on their own initiative， and shall strictly administrate such loans in accordance with relevant re
29、gulations of these General Provisions.Article 16 Suspension， reduction or deferment of， or exemption from， loan interest：Except where decided by the State Council， no work units or individuals shall have the right to decide on a suspension， reduction or deferment of， or exemption from， interest. Len
30、ders shall specifically handle the suspension， reduction or deferment of， or exemption from， interest based on the decision of the State Council， in accordance with their limits of authority and responsibility.PART FOUR BORROWERSArticle 17 A borrower shall be an enterprise legal person， institution
31、legal person or other economic organization， individual industrialist or merchant approved and registered by the administrative authorities for the administration of industry and commerce （or the authorities-in-charge）， or a natural person with full capacity for civil acts and a PRC national.A borro
32、wer applying for a loan shall satisfy such basic conditions as having a market for his or its products， having profitable production or business operations， not wrongfully seizing or misappropriating loan funds， and being scrupulously creditworthy， and shall comply with the following requirements：1.
33、 To be able to pay off the principal and interest according to schedule， and to have already paid off the interest on previous loans and due loans； where such payments have not been paid off， to have made a repayment plan approved by the lender；2. To have gone through the annual inspection by the de
34、partments for industry and commerce， except in the case of a natural person or an institution legal person that is not required to undergo approval and registration by the departments for industry and commerce；3. To have already opened a basic account or an ordinary savings account；4. That， in the c
35、ase of a limited liability company or company limited by shares， the cumulative amount of its equity investment in outside shares does not exceed 50 per cent of its total net assets， except where otherwise stipulated by the State Council；5. That the debt-equity ratio of the borrower conforms with th
36、e requirements of the lender； and6. Where an application for a medium- or long-term loan is made， the ratio of the ownership interest of the enterprise legal person in a new construction project to the total investment necessary for the project is not less than the capital fund ratio for investment
37、projects stipulated by the State.Article 18 Rights of a borrower：1. A borrower may apply for a loan on his or its own initiative from the management organization of his or its loan organizer or other bank and obtain a loan according to the conditions；2. A borrower shall have the right to draw down a
38、nd use the entire loan as agreed in the contract；3. A borrower shall have the right to reject attached conditions not included in the loan contract；4. A borrower shall have the right to refer and report relevant details to the lenders superior authorities and to the Peoples Bank of China； and5. Upon
39、 soliciting and obtaining the consent of the lender， a borrower shall have the right to transfer the debt to a third party.Article 19 Obligations of a borrower：1. A borrower shall provide such true information as the lender may require （with the exception of such information that may not be provided
40、 by law）， provide to the lender true details of all banks with which he or it has opened accounts， all account numbers and all deposit balances， and co-operate with the lender in investigation， examination and inspection；2. A borrower shall be subject to the lenders supervision of his or its use of
41、credit funds and of the relevant production， operation and financial activities；3. A borrower shall use the loan as agreed upon in the loan contract；4. A borrower shall promptly pay off the principal of the loan together with the interest thereon， as agreed in the loan contract；5. A borrower shall o
42、btain the lenders consent if the borrower wishes to assign all or part of the debt to a third party； and6. A borrower shall notify the lender in a timely manner of any details that may jeopardize the security of the lenders claim， and at the same time shall take measures to preserve the claim.Articl
43、e 20 Restrictions on a borrower：1. A borrower may not obtain loans from two or more branches of the same lender at the same level and in the same jurisdiction；2. A borrower may not provide false details to， or withhold important details， from the lender concerning balance sheets， profit and loss acc
44、ounts， etc.；3. Except where otherwise stipulated by the State， a borrower may not use the loan to engage in equity investments；4. A borrower may not use the loan to engage in speculation in areas such as securities or futures；5. A borrower may not use the loan to engage in property business， except
45、where the borrower has lawfully obtained qualifications to engage in property business. Borrowers that have obtained qualifications to engage in property business may not use the loan to engage in property speculation；6. A borrower may not divert loan funds in order to seek illegal profit by on-lend
46、ing such loan；7. A borrower may not use foreign currency loans in violation of State administration of foreign exchange provisions； and8. A borrower may not use deceptive practices to fraudulently obtain a loan.PART FIVE LENDERSArticle 21 Lenders must be approved by the Peoples Bank of China to enga
47、ge in lending business， hold a Financial Institution Legal Person Licence or a Financial Institution Business Licence issued by the Peoples Bank of China， and be approved and registered by the administrative departments for the administration of industry and commerce.Article 22 Rights of a lender：Ac
48、cording to the conditions of the loan and on the basis of taking the initiative to undertake examination and checking of the lending process， and to decide the loan， a lender has the right to refuse the order for a loan or an order to provide a guarantee made by any unit or individual， except where
49、the loan is a specially-designated loan approved by the State Council.1. A lender has the right to require the borrower to provide information relevant to the loan；2. A lender has the right to decide such matters as whether or not to provide a loan， the loan amount， loan term and loan interest， on the basis of the conditions of the borrower；3. A lender has the right to know the production business activities and financial activities of the borrower；4. The lender has the right to collect the principal of and interest on the loan by transferring the same from the borrowers
