CBRC prudently intervenes in bank loans of loan intermediary industry.

Is imprudence a big problem in bank loan management?

It must be a big problem.

The loan management is seriously careless and easy to violate the rules, leading to punishment and even the loss of state-owned assets (loans).

Article 46 of the Banking Supervision and Administration Law of the People's Republic of China stipulates that in any of the following circumstances, the the State Council Banking Regulatory Authority shall order it to make corrections and impose a fine of more than 200,000 yuan and less than 500,000 yuan; If the circumstances are particularly serious or are not corrected within the time limit, it may be ordered to suspend business for rectification or revoke its business license; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Appointing directors and senior managers without qualification examination;

(2) Refusing or obstructing off-site supervision or on-site inspection;

(3) Providing false statements, reports and other documents and materials or concealing important facts;

(4) Failing to disclose information as required;

(five) a serious violation of prudent operating rules;

(6) Refusing to implement the measures specified in Article 37 of this Law.

Which corporate customers should rural commercial banks strictly control loans and prudently intervene?

Enterprises with bad records and damaged reputation.

Ruralcommercialbank (English name: Rural Commercial Bank) is a commercial bank serving local farmers, agriculture and rural economic development in China. Rural commercial banks are mainly established on the basis of rural credit cooperatives and county (city) rural credit cooperatives. They are joint-stock local financial institutions composed of farmers, rural industrial and commercial households, enterprise legal persons and other economic organizations under their jurisdiction in the form of joint-stock companies.

Jiang Liming, director of the supervision department of cooperative financial institutions of China Banking Regulatory Commission, said that no new rural cooperative banks will be established, and all rural cooperative banks will be transformed into rural commercial banks. Cancel the qualification shares in an all-round way and encourage qualified rural credit cooperatives to be restructured into rural commercial banks. On the premise of maintaining the overall stability of the legal person status of counties (cities), we will steadily promote the reform of provincial associations, and gradually build a new relationship between provincial associations and grass-roots legal entities with property rights as the link, equity as the link and supervision as the constraint, so as to truly form the same interests between provincial associations and grass-roots legal entities.

Defenders and entrepreneurs become the same subject of interest, and use equity incentives to make managers care about the interests of shareholders, so that the interests of managers and shareholders tend to be consistent as much as possible. Let managers hold equity for a certain period of time, enjoy the value-added benefits of equity, and bear certain risks at the same time.

How to deal with loan risk

First, timely and accurate risk identification is the most basic requirement of risk management. Risk identification includes risk perception and risk analysis: risk perception is to discover the types and nature of risks faced by commercial banks through systematic methods; Risk analysis is to deeply understand the causes and changing laws of various risks. The increasing diversification of commercial banking business and the complexity of related risks greatly increase the difficulty of risk identification. Delay or misjudgment will lead to the failure of risk management information transmission and decision-making, and even cause more serious risk losses. Making risk list is the most basic and commonly used method for commercial banks to identify risks. Second, risk management strategies include risk dispersion, risk hedging, risk transfer, risk avoidance and risk compensation. 1, risk diversification refers to the strategic choice to diversify and reduce risks by diversifying investment. Commercial banks can disperse credit by selling loans and forming loans with other commercial banks, thus dispersing and reducing risks. The premise of risk diversification is that there are enough independent investment forms, and the risk diversification strategy has costs, mainly the transaction costs in the process of diversification. But compared with the possible losses caused by centralized risk-taking, the cost of decentralized risk strategy is obviously worthwhile. 2, risk hedging. Risk hedging refers to a strategic choice to offset the assets on the balance sheet by investing or buying some assets or derivatives that are negatively related to the fluctuation of the underlying assets. Risk hedging is very effective for the market risk of corporate business, which can be divided into self-hedging and market hedging. Self-hedging refers to the risk hedging of commercial banks by using the hedging characteristics of their balance sheets or some business combinations with negative returns. Market hedging refers to hedging risks that cannot be awakened by balance sheet and related business adjustment through China derivative market. 3, risk transfer. Risk transfer refers to a strategic choice to transfer risks to other economic entities by purchasing certain financial products or taking other legal economic measures. Risk transfer can be divided into insurance transfer and non-insurance transfer: insurance transfer means that commercial banks buy insurance and transfer risks to contractors at the expense of paying insurance premiums. Non-insurance transfer means that commercial banks transfer the risks in their business to a third party through other arrangements other than buying insurance. Commercial banks can use derivative financial instruments to transfer interest rate, exchange rate, stock and commodity price risks in the domestic market, and use guarantees and standby letters of credit to transfer credit risks. 4, risk aversion. Risk aversion refers to the strategic choice of commercial banks to refuse or withdraw from a certain business/market in order to avoid taking risks. Simply put: without business, there is no risk. The limitation of wind direction avoidance strategy is that it is a negative risk management strategy and should not be the dominant strategy of wind direction management in commercial banks. 5. Risk compensation. Risk compensation refers to the strategic choice of price compensation for the risks undertaken by commercial banks before their business activities cause substantial losses. For those risks that cannot be effectively managed through risk diversification, hedging or transfer, which are inevitable and have to be borne, investors can attach a higher risk premium to the transaction price, that is, by improving the risk return, they can get the price compensation for taking the risk.

Risks of Personal Housing Mortgage Loan

Lead: What are the risks of individual housing loans? Through my introduction, I believe that everyone has an understanding of the risks of individual housing loans, and I hope it will help you. I remind you that you must be cautious when applying for personal housing loans. More personal housing loan content, all in the experience network legal column.

The risks of individual housing loans are:

(1) The internal cause of personal housing loan risk is the manipulation risk of trade bank loans, which mainly includes moral hazard of staff, loan review risk and post-loan governance risk.

1, employee moral hazard

Mainly refers to the personal reasons or certain interests of bank loan managers, knowing that borrowers provide false materials but not pointing them out, which leads to untrue information of borrowers and misleading loan approvers. What's more, some managers knowingly violated the law, colluded internally and externally, and deliberately forged relevant materials to defraud bank credit funds.

2. Risk of loan review

Loan review is an important part of individual housing loan business. In the process of loan review, the managers are not aware of risks and vigilant, have an ominous understanding of the borrower's true identity, income and family status, are lax in reviewing the authenticity and legality of relevant materials, become a mere formality, and fail to seriously investigate and verify the defective materials. In order to expand market share, some banks compete to reduce the down payment ratio of lenders, or relax the approval conditions of lenders, blindly simplify procedures and bury hidden risks.

3. Post-lending risk management

Most trading banks refer to the post-lending governance model of corporate loans for their post-lending governance of individual housing loans, and require regular inspection and reporting of each loan. Personal housing loan has the characteristics of scattered customers and a large number. With the expansion and rapid development of individual housing loan business, a grass-roots bank often has hundreds of customers, and the number of customers is far greater than that of corporate loan customers. If we follow the post-loan governance of corporate loans, we can't keep abreast of the economic and family changes of loan customers. When risks may occur, banks cannot take preventive measures in time to avoid the occurrence of risks.

(2) The external causes of personal housing loan business risks mainly include "fake mortgage" risk, defective housing risk and borrower credit risk.

1. "Fake mortgage" risk

"Fake mortgage" means that real estate developers use fictitious housing sales relationship to obtain bank mortgage loans by fraudulent means, so as to obtain bank credit funds. Since the second half of 2003, a series of policies and measures promulgated by the state have intensified the reshuffle process of real estate enterprises to some extent. Many small and medium-sized developers have obviously felt the financial pressure. In this case, many developers began to borrow the name of "fake mortgage" to obtain bank credit funds.

2. Because of the risk of defects in the house.

If the house developed by the developer has serious defects, such as 1, the house has serious quality problems and belongs to non-permanent residence; 2. Shrinking the housing area, shoddy, and raising housing prices, causing losses to buyers, leading to buyers resisting and defaulting on loans; 3. The developer failed to fulfill his promise, failed to complete supporting projects such as fire fighting in time, and failed to move in; 4. The developer fails to pay the land price, supporting fees, project funds and real estate license, which makes some owners default on loans and give up mortgages, resulting in credit risks; 5. The developer over-promises to sell the house. The most common thing is that developers sign leaseback agreements with owners. Because the lease is not ideal or the developer defaults on the lease, the owner also defaults on the bank loan. 6. Poor property management leads to discord between owners and developers, which makes owners default on loans and increases credit risk. All these will lead to the borrower's collective default and non-repayment.

3. The borrower's credit risk

At present, due to the lack of a sound personal information governance system in the whole society, it is difficult for trade banks to make correct risk judgments. From the perspective of credit risk, on the one hand, the successful recovery of individual housing loans is closely related to the changes of the borrower's family, work, income, health and other factors. The borrower's economic situation is seriously deteriorated, which leads to the failure to repay the bank loan on time, or the borrower's heirs give up the purchased house and are unwilling to repay it, which brings losses to the bank's interests. On the other hand, borrowers may also deliberately defraud bank loans through forged personal credit information, thus creating moral hazard. At present, many borrowers simply do not have the ability to repay on a regular basis. They cheat the bank to buy a house by forging personal credit information, and then rent out the house to repay the loan with rent. Once the house cannot be rented out, the borrower will not be able to continue to repay the loan, which will bring risks to the bank.

Risks and countermeasures:

I. Policy and industry cycle risks

Since the housing reform of 1998, the real estate market in China has developed rapidly, which has experienced repeated encouragement and regulation, all-night queuing for buying, and also a check-out tide. Therefore, this is a typical policy and industry cyclical industry, and the housing mortgage business should follow suit to reduce the risks in this respect.

1, compliance risk of macro-control policies

Since the reform of housing system, the real estate industry has effectively stimulated economic growth and solved the housing problem of residents. The "land finance" model also makes local governments strongly support the development of the real estate industry. Since 1998, there has been no substantial repressive regulation policy, so the industry has experienced rapid development in the past 10 years.

In 2006, tax measures were taken to regulate and control, with the main purpose of reducing demand; In 2007, credit and housing structure policies were mainly adopted for regulation, with the main purpose of increasing the supply, especially the housing supply of low-and middle-income residents, while reducing unreasonable demand. Since 2006, the demand for real estate purchase has continued to rise, sales funds have been withdrawn, and liquidity has been loose. Real estate developers also have sufficient funds to purchase and hoard a lot of land for secondary development.

In July 2007, the state implemented "wild speculations" and increased the down payment ratio of second homes in September, which curbed investment demand. Then the country began to improve the housing security system clearly, some buyers began to enter a wait-and-see state, sales declined, and the speed of withdrawing funds from newly opened real estate slowed down. Since the end of 2007, under the guidance of the CBRC and other regulatory authorities, the credit policy of commercial banks has been tightened, making it more difficult for real estate developers to obtain bank funds, raising the interest rate of development loans and raising the price of social funds.

It also suspended the IPO approval of real estate enterprises and the refinancing behavior of listed real estate enterprises, such as issuing additional shares and corporate bonds. In 2009, thanks to the "4 trillion" economic plan, the loose policy ushered in a faster rise in the real estate market. Therefore, around 20 1 1, in the face of inflationary pressure, the central bank continuously raised the deposit reserve ratio and benchmark interest rate, contracted monetary policy, and the capital pressure was unprecedented. In the face of multi-pronged regulation and control policies, many real estate developers are faced with internal liquidity crisis and forced to cut down on house price transfer projects and other "broken wrists to survive". Some radical real estate developers also choose "sunshine" or even illegal ways to obtain funds to tide over the difficulties, which is the compliance risk brought by macro-control policies.

2. The cyclical risks of the industry

The real estate industry is a typical capital-intensive industry with the characteristics of large investment, long cycle and complex supply chain, which leads to inertia in the development and construction of real estate projects. In the process of long-term economic development, the demand for real estate such as family investment is strong, the population cycle, the state monopoly of land supply and other factors lead to the long-term demand for real estate in the market, and house prices continue to strengthen.

Due to the optimistic forecast of the real estate market situation, financial institutions and real estate investment institutions have increased their investment in real estate, and driven investment institutions from other industries to enter the real estate field. With the further influx of real estate investors, especially speculators, the prices of all kinds of real estate, especially houses, have risen sharply, while the vacancy rate of real estate has dropped sharply, and the transaction volume of the real estate market has risen rapidly. Land markets and real estate trading markets at all levels are very active. The enthusiasm for land acquisition and the accelerated development of property development and project construction have further promoted the further expansion of the real estate industry, and the number of transactions has increased, and the real estate price has also risen higher and higher. Speculators and homeowners have fallen into the "tulip" madness.

After continuous prosperity and madness, especially in third-and fourth-tier cities, when the number of houses reaches a certain level and the price rises to a certain level, the real housing demand growth is relatively stable. When the growth rate of supply greatly exceeds the growth rate of real demand, according to the "demand-supply" curve of western economics, the market will be unable to bear the price, and some keen speculators will take the lead in withdrawing from the market. At the same time, the voice of restricting real estate speculation in society will also increase. The government has also begun to pay attention to and introduce a series of control measures. The game of land parcel cannot continue, house prices will not continue to rise or even fall in the short term, the transaction volume of real estate will also decrease, and the demand will shrink obviously. At this time, due to the long development cycle of the real estate industry, enterprises competing for land development in the real estate industry based on optimistic expectations will continue to increase supply due to development inertia, which will lead to the expectation of falling house prices, and the wait-and-see mood is strong, and the transaction is even more depressed. This is a cyclical trough.

With the development of economy and the consumption of existing real estate by rigid demand such as family fission, the real estate market will usher in new optimistic expectations, experience madness again and enter the cold winter again, which is the natural law of the industry. China also experienced the sustained development from 1998 to 2008, the industry trough from 2008 to 2009, the rapid development from 20 10 to 20 13, the transaction from 20 14 to 20 15, and 2015. It is necessary to fully predict the impact of this cyclical risk on the local real estate industry, make forward-looking predictions, and adopt "counter-cyclical" risk control measures, such as strengthening the applicant's access review and increasing the down payment ratio during the crazy trading stage.

Second, the risks of real estate and developers.

Since the housing market-oriented reform, the real estate industry has achieved rapid development, and the early real estate companies have earned a lot of money. Therefore, driven by interests, many companies in other industries want to share a piece of the real estate industry, often because of lack of experience and insufficient predictions in all aspects, leading to project development failure. Therefore, banks need to focus on the qualification risks of real estate projects and developers.

0 1, attribute access

Banks need to pay attention to the access risks of real estate projects in the audit stage, including off-site data audit, on-site inspection of projects under construction, understanding the location, positioning and environment of the real estate to be cooperated, and whether to issue a closing report. On-the-spot investigation of the construction site, observe whether there is any capping or near capping, whether there is the possibility of delayed delivery or unfinished, and pay attention to understanding the overall situation of real estate quality from other channels. After the scheme approval of the proposed cooperative property is completed, it is necessary to continuously track the sales progress and customer evaluation of the property.

Combined with personal experience in mortgage business audit, whether it is commercial housing sales or pre-sale, the key aspects that need to be audited when entering the property are:

First, whether the developer's five certificates, such as the State-owned Land Use Certificate, the Construction Project Planning Certificate, the Construction Land Planning Permit, the Construction Project Commencement Permit and the Commercial Housing Pre-sale Permit, are complete, and the buildings with incomplete or defective five certificates cannot obtain the relevant real estate title certificate;

Second, whether the developer's own funds are sufficient, accounting for more than 30%, and small and medium-sized developers in third-and fourth-tier cities have their own funds of more than 40%. Whether the construction unit, construction project and construction area are consistent, and whether the real estate construction process has changed for some reasons;

Third, for the properties of high-quality developers, individual housing mortgage loans that can be capped within half a year are allowed (if the main building on the ground floor has been completed, the construction progress of one floor will be given), and other small and medium-sized developers must apply for individual housing mortgage loans after the main building is capped;

Fourth, try to choose large and medium-sized residential quarters with good building address and complete supporting facilities.

02, developer qualification

The real estate industry is a typical capital-intensive industry with the characteristics of large investment, high risk, long cycle and complex supply chain, and it is a real profiteering industry. In the process of development, the relevant regulatory authorities are not strict with the access system of the industry, so the real estate developers are mixed, and there are some bad developers or developers without qualifications at all. On the other hand, it is difficult for enterprises to intervene in real estate development across banks, and their experience is obviously insufficient. However, small developers in some areas have "abnormal" means to obtain project development qualifications in special periods because of the special local network resources, which is easy to cause various problems. Therefore, the audit of real estate projects should pay more attention to the qualifications of developers and the strength of shareholders behind them.

Based on the current market environment, high-quality developers should be selected as far as possible in practice, including national well-known developers or developers with first-class qualifications or backgrounds such as development enterprises, state-owned enterprises and listed companies holding more than 50% of the shares, developers with second-class qualifications or leading real estate enterprises in the region where branches are located.

The key to prevent this risk factor lies in the developer's capital chain and project quality. In the period of economic prosperity, the problem of convenient financing and insufficient funds can be digested by the rise of housing prices. Once the capital chain is broken, the development loans mortgaged by land and projects under construction will also expose risks, and the staged guarantee of developers will be meaningless, and the guarantee of pre-sale personal housing mortgage loans will also be reduced because of the collective confrontation of buyers. Therefore, it is suggested that developers should be careful to intervene in private enterprises and individuals whose shareholders are cross-border operations.

Third, the credit risk of mortgage customers.

In the process of credit, the bank is the operator of funds rather than the transferee of assets. No matter what kind of guarantee, the borrower is, after all, our first source of repayment. Therefore, in the process of housing mortgage loan business, it is also an essential risk prevention measure to prevent false mortgage and predict the repayment ability of individual housing mortgage loan applicants.

1, repayment ability

In the daily audit of individual housing mortgage loans, customers can basically be divided into two categories: wage earners and self-employed individuals. For two different groups, the focus of credit risk prevention is very different.

First, wage earners, including government agencies, institutions, state-owned enterprises and other high-quality wage earners, can relax the requirements for debt ratio to a certain extent and verify basic information such as income certificates and family relations. The nature of the work unit determines that the default cost is higher and the risk of personal housing mortgage loan is relatively low. On the other hand, wage earners in some ordinary enterprises need to pay attention to their professional stability and historical work experience. At the same time, because the income certificate of general enterprises is generally not strictly checked, you can ask for a detailed list of bank running water that pays wages (pay attention to the risk of false running water, see the author's article on bank running water audit), pay attention to social security records and the motivation of buying houses, and guard against risks, especially the demand for self-occupied or improved housing that matches your income and family situation. The default rate of such loans is often low.

Second, self-employed owners, whose sources of income are closely related to their operating conditions, are easy to buy houses or townhouses with a high amount of money under the condition of good operating conditions and good psychological expectations, and are easy to "default" on mortgage repayment when the economy is in recession or there are problems in operating enterprises, so they are more uncertain than wage earners. Therefore, for this kind of customers, it is reasonable to analyze their basic information, asset-liability ratio, family relationship, historical accumulation of assets, operating ability and sustainability with reference to the credit review standards of microfinance customers, and combine the timing, location and value of the house to cross-verify and comprehensively evaluate their default risk.

2. False mortgage

Due to the low entry threshold for mortgage customers, the basic entry requirement for general banks is that a natural person with full capacity for civil conduct and full capacity for civil liability can provide legal and valid identification. Therefore, in order to cope with the capital chain crisis, some developers apply for personal housing mortgage loans from banks by recruiting internal employees or social workers, which can not only obtain lower loan interest rates, but also quickly withdraw funds. At the same time, some bad real estate agents lure the staff of the housing management department and the bank staff with interests, and use fictitious house numbers to grant credit, which involves a large number of people and a large amount of money and needs to be guarded against.

On the other hand, some property buyers are unable to apply for personal housing mortgage loans because of the purchase restriction policy or illegal crimes, and choose to apply through a third party. In this case, especially the latter, it is necessary to strictly examine the applicant's agent motivation and credit conditions. If there are sufficient reasons to prove that the actual buyers who violate the law and evade debts use the name to purchase houses and mortgages, such behaviors should be put an end to in time.

In practice, when encountering all kinds of false mortgages, according to the authenticity of the mortgaged house and whether the applicant's signature is true or not, there are four typical representatives: the real person who provides false information, the fake person who fabricates the house number, the fake person who buys a house with an untrue or untrue signature, and the real person who deceives the buyer by selling multiple houses through some loopholes in the system, so it is necessary to investigate and identify the "eye-catching" of the examination and approval personnel in time.

Four. Internal operational risk of banks

The risk of housing mortgage loan caused by banks mainly includes the following four aspects:

1, check the incentive design defects.

With the intensification of competition in housing mortgage loan business, some branches of banks are faced with enormous assessment pressure and are eager to achieve success. While failing to make a good business plan, they intervened in the real estate mortgage business and grabbed orders by crowd tactics, which is obvious. Due to the lack of development concentration, there are very few real estates that are deeply involved, which is not conducive to overall risk management and control.

Incentive measures did not fully reflect the risk deferral, and some grassroots outlets paid a one-time reward according to the number of completed transactions, which led to obvious short-term impulse effect of some account managers and imbalance between business development and risk control.

This situation requires the overall planning of bank management institutions, giving full play to the advantages of public-private linkage, and combining real estate development and loan business to do a good job in deep development of real estate. For the cost allocation of new personal housing mortgage loan business, we should comprehensively consider the balance between the existing special incentives, basic marketing and customer maintenance incentives, and improve the assessment and incentive system.

2. Pre-lending investigation is not due diligence.

The lack of due diligence in the investigation is mainly manifested in the lack of continuous evaluation of the assets and liabilities of self-employed families and their solvency. Subjectively, the risk of house mortgage is low, so we only need to review the income certificate, bank statement and current operating income of self-employed, and basically do not collect the evidence of the applicant's fixed assets and other historical income accumulation, and rarely mention the investigation of the liabilities under the name of the enterprise, the specific operating conditions and the applicant's family social liabilities. It's just a formality to check the reconciliation process between wage earners' work units and banks and the accuracy and authenticity of income, especially the income certificate of ordinary enterprises. Because of its strong availability, real estate sales staff often act as agents for buyers or even impersonate bank running water, which often does not attract enough attention from bank account managers.

3. The loan operation is not in compliance.

Common risks in the process of loan operation include: front-line business personnel helping the applicant to package the application materials, loan examiners found no obvious forged materials, input errors of credit elements, defects in signed contracts, failure to strictly implement underwriting procedures, impersonation of signatories, etc. This requires banks to strictly implement internal operating regulations, strictly control substantive risks in risk review, be cautious in all positions, handle them carelessly, and conduct informal review, strictly control the implementation of examination and approval opinions and the inconsistency between credit contracts and lending conditions, and must not make up for them first.

4. Post-loan inspection is not in place (collateral and data cleaning mode)

Personal housing mortgage loans have a long term, and the managers are basically thinking about buying and selling with a hammer. During the loan period, the bank personnel flow is large, and the post-loan return visit of mortgage will be ignored. At present, the bank's management of personal housing mortgage loans is often reflected in the monitoring of limited information such as mortgage and freezing of mortgage collateral and monthly repayment of mortgage lenders. However, it is obviously not enough to control the family changes of mortgage lenders and the changes of self-employed business enterprises.

Lack of monitoring of mortgage projects and mortgage flows. In the process of mortgage of first-hand houses, it is difficult for handling institutions (non-sponsoring banks) to monitor the use of funds for selling houses, and branches of some banks have not effectively carried out post-loan maintenance of first-hand housing mortgage projects, and there is a lack of special personnel to monitor the sales progress, delivery and occupancy of real estate, surrounding facilities and price changes. And even failed to timely early warning and investigate the real estate with more owners. As long as there is no overdue mortgage repayment, this attitude is basically irrelevant.

It is very important to do a good job in post-loan risk management of long-term loans. Whether it is a primary mortgage or a second-hand mortgage, banks should effectively establish a dynamic tracking mechanism of whether the collateral is mortgaged or not, and at the same time build an effective risk data cleaning model, and do a good job in early warning analysis of existing mortgage customers on a regular basis, so as to achieve early detection, early prevention and early treatment.

Bank loans, which industries prohibit loans?

High risk, high risk, entertainment industry, such as bar, KTV venture capital industry, engineering, etc.

This is the end of the CBRC's prudent intervention in bank loans and the introduction of loan intermediaries. I wonder if you have found the information you need?