"Management measures" commercial bank loans to commercial banks shall strictly accept the following funds entrusted loans: one is all kinds of state regulations with special use of special funds; two is the bank credit funds; three is the issuance of bonds to raise funds; four is to raise the funds of others; five is unable to prove the source of funds. At the same time, shall not be entrusted loans for the following purposes: one is the production, business or investment countries banned products and projects; two are engaged in securities, futures, financial derivatives, financial products, equity investment is three; as the registered capital, registered capital or capital increase; four other countries stipulate the prohibition of use
In order to regulate the commercial banks entrusted loans business, regulatory policy and then out of “ weapon ”. In January 16th, China CBRC set "management measures" commercial bank loans for public comment, the approach intends to entrust loan capital source, make use of clearly defined, related regulatory gaps will be filled.
What is the origin of entrusted loans
The CBRC said the general idea of the development of management of entrusted loans is “ accurate positioning, returning to the origin, limits, avoid arbitrage, problem oriented, strict restrictions, strengthen management, standardize the development of ”.
What is the origin of entrusted loans? In the actual operation of these years, entrusted loans and hidden what risk?
Insiders, the so-called entrusted loans, refers to a party funded by the trustee (usually banks and other financial institutions) according to the client to determine the loan object, purpose, amount, term, interest rates to extend supervision and assistance loan, the trustees only charge a fee, do not assume the credit risk.
“ in simple terms, in accordance with existing laws and regulations, it is difficult for enterprises and enterprises to directly borrow. Through entrusted loans, A enterprises as a client to provide funds, commissioned by the commercial banks as the trustee, the money lent to B enterprises. ” a joint-stock commercial bank's financial department on the "Economic Daily" reporter said, as a intermediary business, loan intention is to increase the investment channels for the real economy, revitalize the stock funds, while banks can earn intermediate business income.
“ it is worth noting that, precisely because the principal loan is an intermediary business, its origin is the financial institutions as the trustee shall not bear the credit risk. ” the CBRC official said, the reason for the introduction of new regulations, mainly in recent years, the rapid growth of business loans, gradually exposed some problems and risks, such as the bank risk, through the offside to circumvent regulatory requirements etc..
Recently, the people's Bank of China statistics released in January 15th showed that in 2014 the scale of social financing was 16 trillion and 460 billion yuan, which entrusted loans accounted for 15.2%, an increase of 2 over last year.51 trillion yuan.
According to the reporter, in seeking the views of this new approach, there is no system related to the detailed specification of loan application scope, business management, risk management, legal liability, banks mainly in accordance with their own internal management measures to carry out the loan business, which is according to the central bank in 2000 issued "on the establishment of commercial bank notify the entrusted loan business related issues".
Who drill the entrusted loan loopholes
In recent years, the actual operation, the trust is how to “ variation ”? What risks are hidden here?
A joint-stock commercial bank asset management department sources, if the A companies want to lend money at the limit of B industry enterprises, will be the first to find the general insurance, a subsidiary of the fund or brokerage information management as the client, the client to set up a special asset management plan and financial capital docking or self funding through the complex disc after the turnover, through a loan bank funds trustee. Insiders said that some of the credit limit control industry, such as real estate platform, overcapacity industry, local government investment and financing platform has a lot of money to get through this means to avoid supervision.
Problems also arise. In the above model, the loan companies are mostly bank customers, and many clients (funded enterprises) do not know each other, help banks borrowing enterprises funded enterprises to find and issue a letter of guarantee, the bypass regulation, banks in this process bear some risk, increasing the risk of transmission. Minsheng Securities Institute executive president Guan Qingyou believes that the bank is no longer a simple trustee role in the banking system and capital has been involved in the local government, developers and industry overcapacity credit, if the real economic downturn led to credit risk exposure, the financial system will be tired of it.
Entrusted loans was a loophole, the tube kiyotomo think, on the one hand, local and some overcapacity in the soft budget constraint characteristics of departments are not sensitive to interest rates, rising prices lead to a few years ago, the real estate industry strong profitability in other manufacturing industries, driven by asset side high income, the enthusiasm of financial institutions to provide credit funds for the Department of high. On the other hand, in the size of credit, deposit ratio and other constraints, the bank credit funds out of strong will, and it is one of the methods of entrusted loans.
Strictly limited sources of funds and uses
In view of the above problems and risks, the "approach" intends to make a strict specification of the source of funds and funds for the use of entrusted loans.
In terms of sources of funding, the "measures" provisions of the proposed commercial banks are prohibited from accepting the funds entrusted loans: one is all kinds of state regulations with special use of special funds; two is the bank credit funds; three is the issuance of bonds to raise funds; four is to raise the funds of others; five is unable to prove the source of funds.
“ fourth means that in recent years, the booming brokerage, fund subsidiary of the loan model can hardly be done. ” a securities company investment bank, said the bank's business will also face a larger adjustment, and now many of the same industry across the bridge is also obtained by the entrusted loans.
In the use of funds, the "measures" proposed regulations, commercial banks entrusted loans shall not be used in the following aspects: one is the production, business or investment countries banned products and projects; two are engaged in securities, futures, financial derivatives, financial products, equity investment is three; as the registered capital, registered capital or increase their investment in four is prohibited; other countries stipulate the use of.
Market concerns and risk management rules. According to the new regulations, commercial banks should be in accordance with the principle of matching the responsibility to fulfill the corresponding responsibilities, to charge the agency fee, do not assume the credit risk.
Specifically, the commercial banks should be strictly isolated entrusted loan business and self-employed business risk, can not provide guarantees for all forms of entrusted loans, is strictly prohibited on behalf of the client to determine the borrower, the loan principal participation decision, on behalf of the principal advance funds entrusted loans, the principal should advance tax payments, the borrower to determine the guarantor and the generation of advance the borrower to repay the funds entrusted loans, loans to replacement entrusted loans on behalf of the principal risk etc..
In addition, internal accounting and management information system of commercial banks need to be further improved. In accordance with the new regulations, commercial banks to deal with the entrusted loan business and self-employed loans to separate accounting and accounting system in strict accordance with the requirements of record and reflect the entrusted loans, entrusted loans and entrusted funds, two may not reflect after netting the entrusted loan business accounting, to ensure the authenticity, accuracy and integrity. In addition, commercial banks should establish and perfect the entrusted loan management information system, the source of funding, investment, interest rates and the principal borrower and the related information of the business registration, to ensure the integrity of information, continuous, accurate and traceable.