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SMS Notice from Banking Regulatory Bureau and China People's Bank
A: Yes, B: No.
Two. What new regulations were introduced by CBRC in 2009?
BEIJING, Sept. 27 (Xinhua)-The People's Bank of China and the China Banking Regulatory Commission issued a notice today, clarifying that the down payment ratio of loans should not be less than 40% for those who have used loans to purchase houses and applied for the purchase of second homes or above. The full text of the notice is as follows:
Notice of the People's Bank of China and Bank of China (3.6 1.03, 0.84%) Industry Supervision and Management Committee on Strengthening the Credit Management of Commercial Real Estate
Yinfa [2007] No.359
China People's Bank Shanghai Headquarters, branches, business management departments, provincial capital city center branches and sub-provincial city center branches; Banking supervision bureau; All countries have commercial banks and joint-stock commercial banks:
According to the spirit of the 2007 National Urban Housing Work Conference and the policies and regulations such as Several Opinions of the State Council on Solving the Housing Difficulties of Low-income Families (Guo Fa [2007] No.24) and Notice of the General Office of the State Council on Forwarding the Opinions of the Ministry of Construction and Other Departments on Adjusting the Housing Supply Structure and Stabilizing the Housing Price (Guo Ban Fa [2006] No.37), the relevant matters on strengthening the credit management of commercial real estate are hereby notified as follows:
First, strict management of real estate development loans.
Commercial banks are not allowed to issue any form of loans to projects with capital (owner's equity) below 35% or without land use right certificate, construction land planning permit, construction project planning permit and construction permit; Commercial banks may not issue loans to real estate development enterprises that have been verified by the land and resources departments and the competent construction departments for hoarding land and housing; Commercial banks may not accept commercial houses that have been vacant for more than 3 years as collateral for loans.
Loans issued by commercial banks to real estate development enterprises can only be issued through real estate development loan subjects, and it is strictly forbidden to issue real estate development liquidity loans or other loan subjects.
Real estate development loans issued by commercial banks can only be used for local real estate development projects in principle, and may not be used across regions. For loans that really need to be used for real estate development projects in different places and corresponding risk control measures have been implemented, commercial banks should report to the regulatory authorities before issuing loans.
Two, strictly regulate the management of land reserve loans.
Commercial banks may not issue loans to real estate development enterprises specifically for paying land transfer fees. Lending loans to government land reserve institutions by mortgage, the loan amount shall not exceed 70% of the assessed value of the acquired land, and the longest loan period shall not exceed 2 years.
Third, strictly manage housing consumption loans.
Commercial banks should focus on supporting borrowers to purchase the first set of small and medium-sized self-occupied houses, and only provide housing loans to individuals who purchase houses with capped main structures.
Commercial banks should, according to the principle of honesty and trustworthiness, require borrowers to truthfully fill in the loan information related to the purchase of the first home in the housing loan contract. If the first self-occupied house is purchased with a construction area of less than 90 square meters, the down payment ratio of the loan (including this loan, the same below) shall not be less than 20%; Purchase the first set of self-occupied housing with a building area of over 90 square meters in Xing Tao, and the down payment ratio of the loan shall not be less than 30%; If you have used the loan to purchase a house and apply for the purchase of a second house (inclusive), the down payment ratio shall not be less than 40%, and the loan interest rate shall not be less than 1. 1 times of the benchmark interest rate of the same grade in the same period announced by the People's Bank of China. Moreover, the down payment ratio and interest rate of loans should be greatly increased with the increase of the number of housing units, and the specific increase rate should be determined by commercial banks according to the relevant principles of loan risk management, but the monthly expenditure of borrowers to repay housing loans should not be higher than it.
Commercial banks are not allowed to issue housing mortgage loans whose loan amount fluctuates with the real estate appraisal value and whose purposes are unknown; For the mortgaged property, before the purchaser pays off the loan, no additional loan may be issued with the revalued net value as collateral.
Four, strict management of commercial housing loans.
The commercial housing purchased by the loan shall be the house that has been completed and accepted.
The down payment ratio of the commercial housing purchase loan shall not be less than 50%, the term shall not exceed 10 year, and the loan interest rate shall not be less than 1. 1 times of the same grade interest rate published by the People's Bank of China. The specific down payment ratio, loan term and interest rate level are determined by commercial banks independently according to the relevant principles of loan risk management; When applying for a loan in the name of "commercial and residential dual-use housing", the down payment ratio shall not be less than 45%, and the loan term and interest rate level shall be implemented in accordance with the Provisions on the Administration of Commercial Housing Loans.
Five, strengthen the management of real estate credit.
After accepting the application for loans from real estate development enterprises, commercial banks should promptly inquire about the credit status of borrowing enterprises through the basic database of enterprise credit information of China People's Bank; After the loan application is approved, the relevant information shall be entered into the basic database of enterprise credit information, and the basic information, loan amount, loan term and default of real estate development enterprises shall be recorded in detail.
After accepting the application for individual housing loan, commercial banks should check the borrower's credit status through the basic database of personal credit information of the People's Bank of China in time; After the loan application is approved, the relevant information should be entered into the basic database of personal credit information in time, and the ID number, number of housing units, loan amount, loan term, mortgage situation and default information of the borrower and his spouse should be recorded in detail.
Six, strengthen the real estate loan monitoring and risk prevention work.
Commercial banks should closely monitor the changes in real estate prices and their impact on the quality of credit assets, effectively strengthen the credit management and internal control mechanism of commercial real estate, and actively guard against real estate credit risks.
All branches and banking regulatory bureaus of the People's Bank of China should strengthen the "window guidance" on the real estate credit management of financial institutions within their jurisdiction, and intensify the investigation and punishment of relevant violations. Track the new situation and new problems in the implementation of real estate credit policy, and report to the People's Bank of China and CBRC in time.
All commercial banks (including Chinese banks, wholly foreign-owned commercial banks, Sino-foreign joint venture commercial banks, branches of foreign banks, etc.). ) We should conscientiously implement the state's macro-control policies on real estate, earnestly strengthen the risk management of real estate credit, and work hard to formulate or improve the operating rules for real estate credit business management according to the spirit of this circular and the provisions of various national real estate credit policies, and report to the People's Bank of China and the China Banking Regulatory Commission.
Without the approval of the People's Bank of China and the China Banking Regulatory Commission, all policy banks may not issue commercial real estate loans.
All branches of the People's Bank of China, business management departments, city center branches of provincial capitals and banking regulatory bureaus of provinces (autonomous regions and municipalities directly under the Central Government) are requested to jointly forward this notice to city commercial banks, rural commercial banks, rural cooperative banks, urban and rural credit cooperatives and foreign banks within their respective jurisdictions.
China People's Bank China Banking Regulatory Commission
Two _ _ seven years on September 27th
The central bank decided to take the second home loan as a family unit. In order to further implement the Notice on Strengthening Commercial Real Estate Credit Management (Yinfa [2007] No.359, hereinafter referred to as the Notice), the website of China People's Bank maintained the seriousness and effectiveness of the policy. On the basis of fully listening to the opinions of relevant departments and some commercial banks, the People's Bank of China and the China Banking Regulatory Commission recently jointly issued the Supplementary Notice on Strengthening the Credit Management of Commercial Real Estate (Yinfa [2007] No.452, hereinafter referred to as the Supplementary Notice), further clarifying the provisions of the Notice on "Strict Management of Housing Consumption Loans", and on June 5438+February1. Liu, member of the Party Committee and Vice President of the People's Bank of China, delivered a speech at the meeting, conveying the spirit of relevant documents and putting forward specific requirements for implementing relevant policies.
Liu pointed out in his speech that the housing problem is an important livelihood issue. The CPC Central Committee and the State Council attached great importance to solving the housing problem of urban residents, and always regarded improving people's living conditions as the fundamental purpose of urban housing system reform and real estate development. With the sustained and rapid growth of the national economy and the gradual deepening of the urban housing system reform, the real estate industry has become an important driving force for economic growth, and the real estate finance business with housing development and consumer credit as the main body has become an important business variety of commercial banks, and has achieved remarkable results. First, the housing level of urban residents has continued to improve; Second, the construction of the housing security system has been continuously promoted; Third, the rapid development of real estate finance business; Fourth, the innovation of real estate financial products has made progress. With the rapid development of the real estate market and real estate finance business, the real estate market is also facing problems such as excessive price increase, unreasonable supply structure, imperfect regulation policies, and great difficulties for low-income families. These problems have deep-seated reasons. At the same time, real estate credit is growing too fast, with excessive competition and too many violations. In particular, some commercial banks start mortgage loan business without approval, which increases the risk of real estate credit business and has attracted the attention of relevant departments. In addition, from the international real estate market crisis, including the real estate bubbles in Japan and Hong Kong, especially the subprime mortgage crisis in the United States this year, we can also find some noteworthy lessons.
Liu stressed that in order to implement the spirit of the National Urban Housing Work Conference and prevent financial risks, the People's Bank of China and the China Banking Regulatory Commission jointly issued a notice on September 27th, requesting commercial banks to further strengthen the credit management of commercial real estate. After the "Notice" was issued, the social response was generally positive, and the regulatory role was gradually emerging. In view of the different understanding of the relevant provisions and policy orientation in the Notice, the People's Bank of China and the China Banking Regulatory Commission decided to jointly issue the Supplementary Notice, which made clear provisions on issues related to strict housing consumption loan management.
Liu demanded that commercial banks should further improve and strengthen the credit management of commercial real estate. The People's Bank of China, the China Banking Regulatory Commission and its branches, and all commercial banks should conscientiously study and understand the spirit of the Party and the Central Economic Work Conference, thoroughly implement the Scientific Outlook on Development, resolutely implement the tight monetary policy, strengthen the regulation and control of real estate credit, earnestly strengthen the risk management of real estate credit, strive to promote real estate financial innovation, and promote the healthy development of the real estate financial market.
At the end of the meeting, Jiang stressed that the introduction of policies to strengthen real estate credit management is not only the requirement of implementing national macro-control policies, but also the inherent need of banking financial institutions to strengthen risk management. The People's Bank of China, all branches of the CBRC and banking financial institutions should conscientiously implement the spirit of this meeting. First, we must accurately grasp the spirit of the Notice and effectively guard against mortgage risks. All banking financial institutions should take the spirit of the meeting as a benchmark and conscientiously do a good job in communication and implementation; We should be prepared for danger in times of peace, absorb the harm brought by the American subprime mortgage crisis to the financial system, increase the analysis and research on the operational risks of the real estate market, and strengthen the risk management of real estate credit business. The second is to unify understanding and pace. All banking financial institutions shall formulate detailed rules for the implementation of commercial real estate credit management with legal person as the unit. The detailed rules should not only conform to the spirit of the document, but also be operable. In particular, it is necessary to formulate regulations on information collection and credit review of borrowers, and strictly examine and identify the authenticity of personal housing information, income information and family information provided by borrowers. Third, we should strengthen supervision and inspection and deal with violations of discipline. All banking financial institutions should consciously correct the provisions and practices that are inconsistent with the spirit of the document; The People's Bank of China and the China Banking Regulatory Commission should focus on implementing the spirit of the document and severely investigate and deal with illegal acts and flexible practices such as false mortgage, mortgage increase and mortgage transfer. Fourth, it is necessary to convey the spirit of the meeting to all banking financial institutions, including foreign banks, city commercial banks, rural commercial banks and other financial institutions, to ensure that all financial institutions engaged in related businesses know fairly well and regulate related businesses in accordance with unified policies.
Finally, according to the requirements of Scientific Outlook on Development, we are required to unswervingly implement the national macro-control policies, further strengthen the management of real estate credit, and make greater contributions to the sound and rapid development of the national economy.
Relevant persons in charge of Shanghai headquarters and branches of the People's Bank of China, banking regulatory bureau, policy banks, state-owned commercial banks and joint-stock commercial banks attended the special meeting.
It is reported that the supplementary notice was issued on February 5, 65438, mainly aiming at the following problems: First, the number of mortgage loans is determined by the borrower's family (including the borrower, spouse and minor children). Second, families who have used bank loans to buy the first set of self-occupied housing, and the per capita housing area of the borrower's family is lower than the local average level, and apply for housing loans from commercial banks again, can be implemented according to the first set of self-occupied housing loan policy, but the borrower must provide the query results of the local real estate management department on the total housing area of the family based on the housing registration information system. The rest of the families who have used bank loans to buy houses should apply for loans from commercial banks again according to the second-home loan policy. Third, families who have used housing provident fund loans to purchase houses should also apply for housing loans from commercial banks in accordance with the relevant provisions of the Notice. The Supplementary Notice also emphasizes that all commercial banks shall not accept their credit application if they find that they have filled in false information or provided false certificates.
3. Does the Banking Regulatory Bureau stipulate that working capital can be used to pay land transfer fees?
Maybe it is.
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