If the person in charge of the registration of individual industrial and commercial households and the actual operator are not the same person, what problems will exist?

1. If the person in charge of registration of individual industrial and commercial households is not the same person as the actual operator, what problems will exist?

1. What are the risks of individual industrial and commercial households transferring their business to others without authorization?

A: Individual industrial and commercial households transfer others without authorization, and others operate in the name of individual industrial and commercial households, which may face the risk of bearing the debts of new operators.

No longer continue to operate, you can first apply for the establishment registration of operators. After cancellation of registration and establishment registration, the new operator indicated that the original operator did not need to bear the operating debt of the new operator.

2. What are the risks of using his business license? What should I do?

Answer: Individual industrial and commercial households exercise their rights (such as creditor's rights and income rights of individual industrial and commercial households, etc.). ) and bear the debts of farmers and industrial and commercial households. As stated in the business license. In practice, the civil rights between individual industrial and commercial investors, entrusted operators and third parties are handled in the name of others.

The solution to this problem is to cancel the registration of individual industrial and commercial households and re-apply for the business license of individual industrial and commercial households in the name of actual investors (operators). The name of the newly established individual industrial and commercial households can be the same as the name of the cancelled individual industrial and commercial households, and the cancelled individual industrial and commercial households are not required to bear the creditor's rights of the newly established individual industrial and commercial households.

Second, why did the bank's entrusted loan stop?

Foreign banks can invest in no less than 20,000 kinds of wealth management products, while Chinese banks lack 100 kinds. "It is estimated that the central bank will consider that this kind of loan is suspected of raising funds by enterprises. Once there is a risk, it will cause social problems, so it will stop first and then standardize."

Experts said, "Merchants are expected to lift the ban soon after formulating corresponding supporting measures."

Three, who will bear the risk of entrusted loans?

Who will bear the risk of entrusted loan, as the case may be, as follows: 1. The risk of clearly stipulated responsibilities in the contract shall be borne by the client; 2. However, if the trustee fails to perform his obligations and causes losses to the principal, the liability shall be borne by the trustee, and the principal may require the trustee to compensate for part of the losses. The Lender shall standardize the guarantee process and operation according to relevant regulations. The Lender shall participate in the mortgage registration according to this Contract. If the lender entrusts a third party to handle the matter, it shall verify the registration of the collateral. For personal loans secured by way of guarantee, the lender shall be filled out by at least two loan officers. The lender shall, according to the loan contract, manage and control the payment of loan funds by means of entrusted payment by the lender or independent payment by the borrower. Entrusted payment by the lender means that the lender pays the loan funds to the borrower's transaction object that meets the purpose agreed in this contract according to the borrower's withdrawal application and payment entrustment. The borrower's independent payment means that the lender directly pays the loan funds to the borrower's account according to the borrower's withdrawal application, and the borrower independently pays the borrower's transaction object that meets the purpose agreed in the contract. Legal basis: Article 11 of the Interim Measures for the Administration of Personal Loans shall meet the following conditions: (1) The borrower is a citizen of People's Republic of China (PRC) (hereinafter referred to as China) with full capacity for civil conduct or an overseas natural person who meets the relevant provisions of the state; (2) The purpose of the loan is clear and legal; (3) The amount, duration and currency of the loan application are reasonable; (4) The borrower has the willingness and ability to repay; (5) The borrower's credit status is good and there is no significant bad credit record; (6) Other conditions required by the lender.

Fourth, the external risks of entrusted loans.

At present, enterprises widely use cash pool entrusted loans and third-party entrusted loans. In the cash pool business, because the funds are borrowed within the group, the possible risk coefficient of this business is almost zero.

The risk of entrusted loans we talk about is mainly reflected in the activities of enterprises to obtain funds through entrusted loans. Since the entrusted financial institutions are only responsible for issuing, supervising and using loans on their behalf and assisting in recovery, they will not be responsible for any form of loan risk except charging a certain fee. Therefore, in entrusted loans, the risk of whether the borrower can repay on time directly falls on the principal. However, the risk takers who often entrust this business have insufficient understanding of risks. The approval of entrusted loans is different from bank loans. There is no set of scientific, systematic and rigorous procedures from loan investment to approval, and there is a relative lack of unified and standardized standards. Therefore, the possible risks of entrusted loans are invisibly increased. Secondly, in entrusted loans, banks issue loans on their behalf according to the entrusted object, purpose, term and interest rate determined by the client. In the whole process of entrusted loans, banks have been in a passive position. In addition, the handling fee charged by the bank is only charged at a fixed proportion of the loan amount. At the same time, banks don't have to take risks on this loan. Therefore, in this business, banks lack certain enthusiasm and motivation to supervise the loan delivery and recovery, which leads to loopholes in the supervision of entrusted loans. And the ultimate risk pressure is still added to the client.

In recent years, enterprises and banks as customers are driven by their own interests, and cases of cooperation between customers and banks and entrusted loans in disguise have occurred from time to time. On the one hand, banks may be restricted in many ways when issuing loans, which limits their lending ability. In this case, the bank is likely to pull in a company's deposits and then lend them out in the name of entrusted loans, charging interest. Banks tend to agree that the company will pay higher interest than deposits. Deposits are entrusted loans, and the risk responsibility of entrusted loans is borne by banks. For lending companies, they don't have to take risks, but they can collect an extra income from them. Why not? On the other hand, in entrusted loans, the principal and the borrower are mostly affiliated enterprises, which have certain internal relations. In order to avoid strict examination of bank loans, borrowers can choose entrusted loans to achieve financing, and entrusted loans are generally higher than the credit line of enterprises. China Banking Regulatory Commission (CBRC) proposed that banks should not increase the loan scale of local financing platforms, and push local financing platforms to the forefront again. Faced with the financial difficulties of tightening bank loans, local financing platforms have to find another way. Entrusted loans of listed companies have become an "underground passage" for local financing platforms, especially for state-controlled listed companies.

Insiders pointed out that when providing loans to local financing platforms, listed companies should safeguard the interests of shareholders and pay attention to risks, especially in the context of expanding local debts. They should not underestimate whether they can repay the principal and interest at maturity, and they should not ignore the interests of other shareholders because of the pressure of local governments and state-owned controlling shareholders.

The platform financing interest rate is low.

Due to the accumulation of risks, the financing channels of local financing platforms are constantly tightening, and listed companies have become a hot potato for local financing platforms. According to the rough statistics of china securities journal, since 20 12, about 30 loans entrusted by listed companies have been invested in local financing platforms, including urban construction investment platforms such as urban construction investment group, urban development investment group, urban construction investment company and urban construction investment management company, as well as other investment and financing platforms such as transportation industry development company, tourism culture industry investment company and industrial development investment company.

These funds flowing to local financing platforms are not only used for local financing platforms, production and operation, but also to supplement working capital. , but also including local resettlement houses, affordable housing, development zone construction, old city reconstruction, engineering construction, and some even as land acquisition funds. In recent years, many listed companies, such as Amarton, Hublot, Guoyuan Securities, Hyundai Investment and Xin 'an Co., Ltd., have entrusted loans to local financing platforms.

Compared with other entrusted loan targets, the interest rates provided by local financing platforms are generally low, mostly between 7%- 1 1%, and the annual interest rate of entrusted loans of some listed companies is lower than 7%.

"The vast majority of listed companies provide entrusted loans to local financing platforms, which are supported by local governments, and listed companies sometimes have to cooperate, especially state-controlled listed companies, so the interest rate of funds given by local financing platforms is relatively low." A bond analyst of a securities firm in Shanghai said that the low interest rate of entrusted loans is actually a disguised damage to shareholders of listed companies.

The scope of entrusted loans is constantly expanding. In the past, most of them were large-scale and qualified local financing platforms. Now some county-level and district-level financing platforms have also joined the ranks of loans. Zhejiang Furun entrusted Industrial Bank to issue loans of 65.438+0.5 billion yuan to Zhuji Investment and Construction Development Co., Ltd. for urban maintenance and infrastructure projects; Lugang Technology entrusted Zhangjiagang Sub-branch of Industrial Bank to issue a loan of 200 million yuan to Zhangjiagang Jinmao Investment Development Co., Ltd. invested by Zhangjiagang SASAC.

Strong infiltration of local state-owned assets

Listed companies controlled by local state-owned assets are particularly active in providing entrusted loans to local financing platforms, with large amount and long term. Yunnei Electric Power, controlled by the State-owned Assets Supervision and Administration Commission of Yunnan Province, announced on April 2 that it would increase the amount of entrusted loans, and entrusted banks to provide entrusted loans of 500 million yuan to Kunming Investment and Financing Company with a term of 36 months and an annual interest rate of 65,438+00%-65,438+03%. This matter will be discussed at the shareholders' meeting on May 6th. Last year, Yunnei Power provided entrusted loans of 300 million yuan and 500 million yuan to Kunming Urban Construction Investment Development Co., Ltd. and Kunming Industrial Development Investment Co., Ltd. respectively, with the loan interest rate of 65,438+02%. Once the 500 million yuan entrusted loan is approved by the shareholders' meeting, the total amount of entrusted loans provided by Yunnei Power to local financing platforms will be as high as 654.38+03 billion yuan.

A project manager of Bank of Communications reminded that the risk of some listed companies providing entrusted loans to local financing platforms should not be underestimated. There are no assets with better quality to mortgage, and no companies with better credit standing provide joint and several liability guarantees. Some entrusted loans, even credit guarantees and accounts receivable pledges, are risky. The entrusted loan of 300 million yuan invested by Yunnei Power in Kunming before is pledged as accounts receivable, and the 500 million yuan invested in Kunming Industry is credit guarantee.

Listed companies controlled by local state-owned assets have become the protagonists of entrusted loans provided by local financing platforms. Modern investment, with the background of state-owned assets of the major shareholder, provided entrusted loans of 30 million yuan to Changde Urban Construction Investment Group Company, with an annual interest rate of 7.68%. Hunan Development, a state-controlled company, provided Xiangtan Urban Construction Investment Management Co., Ltd. with entrusted loans of 65.438+0.5 billion yuan, with an annual interest rate of 654.38+00%.

Not only that, some local state-owned shareholders in the A-share market reduced their shares in listed companies. Hefu Xincheng State-owned Assets Management Co., Ltd. reduced its holding of 76 million shares of BOE in April this year. Jiangxi Copper was also reduced by the major shareholder Jiangtong Group last year, and Southern Fujian was also reduced by state-owned shareholders last year. Insiders pointed out that the reduction of some state-owned shareholders may also be due to the lack of money and cash transfusion in local financing platforms. With the increase of debts due, there is increasing pressure on local state-owned assets to reduce their holdings.

The risk should not be underestimated.

Since 2009, local governments have directly or indirectly set up local investment and financing platforms to engage in project development and construction tasks. However, most local city investment and investment and financing platform companies are still affiliated to the government, and their self-compensation ability is poor. Since 20 10, the CBRC has continuously listed the risk of local financing platforms as one of the three major risks in the banking industry.

Recently, China Banking Regulatory Commission (CBRC) specially emphasized the supervision of loan risk of local financing platforms. In 20 13, it will continue to promote the loan risk control of local government financing platforms focusing on controlling the total amount, optimizing the structure, isolating risks and clarifying responsibilities. According to the basic orientation of "keeping under construction, reforming under pressure and controlling new construction", banks are required not to increase the scale of platform loans; New loans must meet strict access standards. When issuing platform loans, the borrower's cash flow must be fully covered, the mortgage guarantee conforms to the current regulations, and the asset-liability ratio is lower than 80%. It is believed that local governments will still be in the period of centralized debt repayment in the next three years, and local governments and financing platforms will continue to face the pressure of centralized debt repayment.

Whether the profits of infrastructure construction undertaken by local financing platform companies can support high-interest loans was once questioned by the market, and there was a crisis of "urban investment bonds", and its repayment ability of bank loans and entrusted loans was also questioned. "Beware of the transfer of debt risk of local financing platforms to the secondary market, especially by entrusting loans to listed companies, so that shareholders suffer losses." A company financial expert said.

At present, the loans entrusted by many listed companies to local financing platforms have been extended. The three entrusted loans provided by Tunnel Co., Ltd. for Shanghai Urban Construction Municipal Engineering (Group) have all been extended, involving an amount of 65.438+0.5 billion yuan.

Although some local governments do not hesitate to provide joint and several liability guarantee for entrusted loans in order to increase the trust of entrusted loans, for example, Zhangjiagang Jinmao Investment Development Co., Ltd. obtained entrusted loans from Lugang Technology, and Zhangjiagang State-owned Assets Management Co., Ltd. provided joint and several liability guarantee. However, industry insiders remind that most listed companies lend for local financing platforms. It is hard to say whether there is strong participation of local governments and state-owned shareholders in the loan process. The normal business decisions and corporate governance of listed companies may be disturbed, and the impact on shareholders' interests is unpredictable.