Measures of China Bank on Loans to Foreign-invested Enterprises

Article 1 These Measures are formulated in order to support the production and operation activities of foreign-invested enterprises, expand foreign economic and technological cooperation and promote the development of the national economy. Article 2 Bank of China, in accordance with national policies and in line with the principles of safety, efficiency and service, provides loans for construction projects and funds needed for production and operation of foreign-invested enterprises, giving priority to product export enterprises and advanced technology enterprises with good economic benefits. Article 3 Foreign-invested enterprises that meet the loan conditions stipulated in Article 7 of these Measures, that is, Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures and foreign-funded enterprises (hereinafter referred to as enterprises), may apply for loans from the Bank of China. Article 4 When handling loans, China banks must sign loan contracts with borrowing enterprises to strengthen loan management. Article 5 Bank of China provides the following loans to enterprises:

First, fixed assets loans. Engineering construction fees, technical equipment purchase fees and installation fees for capital construction projects and technical transformation projects. Loan methods are divided into:

(a) short-term and medium-term loans;

(2) Buyer's credit;

(3) bank loans;

(4) Project loan.

Second, working capital loans. It is used for the funds needed by enterprises in the process of commodity production, commodity circulation and normal business activities. Loan methods are divided into:

Production reserves and operating loans;

(2) Temporary loans;

(3) Live deposit overdraft.

3. Cash mortgage loan. Bank of China shall handle it in accordance with the Interim Measures of the People's Bank of China for Foreign Exchange Mortgage of RMB Loans of Foreign-invested Enterprises.

Fourth, standby loans. According to the specific purpose of the enterprise application, the Bank of China approved the arrangement to use the loan. Article 6 Loan currencies are divided into local currency and foreign currency. The local currency is RMB; Foreign currencies include US dollars, British pounds, Japanese yen, Hong Kong dollars, German marks and other convertible currencies agreed by the Bank of China. Article 7 A foreign-invested enterprise applying for a loan shall meet the following conditions:

1. The enterprise has obtained the business license issued by China Administration for Industry and Commerce and opened an account with China Bank.

2. The registered capital of an enterprise shall be paid in full and on schedule, and the capital shall be verified according to law.

III. The board of directors of the enterprise makes a loan resolution and issues a power of attorney.

Four, enterprise fixed assets investment projects, has been approved by the planning department.

Five, the enterprise has the ability to repay the loan, and provide reliable repayment and interest guarantee. Article 8 The loan term shall be counted from the effective date of the loan contract to the date when all the principal and interest and expenses are paid off as agreed in the contract. Article 9 The term of fixed assets loans shall not exceed seven years. Individual special projects may be appropriately extended with the consent of the Bank of China, but the longest period shall not exceed one year before the end of the business period stipulated in the business license of the enterprise. Article 10 The term of working capital loan shall not exceed 12 months. Eleventh RMB loan interest rate according to the provisions of the people's Bank of China state-owned enterprise loan interest rate.

The foreign currency loan interest rate shall be subject to the comprehensive interest rate set by the head office of China Bank; It can also be determined by the borrower and the lender through consultation according to the international market interest rate. The interest rate of foreign buyer's credit and other credit shall be adopted, and the interest rate shall be determined by its agreed interest rate plus a certain spread. Article 12 RMB loans shall bear interest according to the interest-bearing period and method stipulated by the People's Bank of China; Foreign currency loans shall bear interest according to the interest-bearing period and method stipulated in the loan contract. Thirteenth enterprises to apply for loans from the People's Bank of China, according to the following procedures:

First, enterprises apply for loans and provide corresponding certificates and materials according to the specific circumstances of the loans needed;

Two. Bank of China examines and evaluates the loan application form and the documents and materials provided by the enterprise. After examination and approval, the borrower and the lender shall sign a loan contract through consultation. Article 14 An enterprise shall use the loan according to the time, amount and purpose agreed in the loan contract. Fifteenth enterprises to apply for loans from China Bank, China Bank believes that the need for security, must provide a guarantee approved by the Bank of China. Article 16 An enterprise shall provide the following guarantees to the Bank of China:

1. Credit guarantee. The enterprise provides China Bank with an irrevocable letter of guarantee issued by financial institutions, enterprises and other units with reliable credit standing and the ability to repay the principal and interest of the loan.

Second, mortgage guarantee. The enterprise mortgages its property and rights and interests to the bank as a guarantee for paying the principal and interest of the loan of the Bank of China. The following items can be mortgaged:

(a) Property, machinery and equipment;

(2) Marketable inventory goods;

(3) Foreign currency deposits or certificates of deposit;

(4) Realizable securities and bills;

(5) Equity and other transferable rights and interests. Seventeenth mortgage loans, enterprises must sign mortgage documents with the Bank of China. Mortgage documents must be notarized by Chinese notary organs. The collateral shall be fully insured with China People's Insurance Company.

When the Bank of China deems it necessary, the enterprise shall provide credit plus mortgage guarantee. Article 18 An enterprise shall, in accordance with the loan contract, repay the loan in full and on time, and pay interest and expenses. Article 19 After paying taxes, the net cash income of an enterprise shall first repay the fixed assets loan. Twentieth of the enterprises that do not comply with the provisions of the loan contract, China Bank has the right to take the following measures to safeguard their rights and interests according to the loan contract, depending on the breach of contract:

1. Correct the event of default within a time limit;

Second, stop issuing loans;

3. Recover the loan in advance;

4. Notify the guarantor to perform the guarantee responsibility.