Henan: Defining the Supervision Scope of Pre-sale Funds

On March 1 1, the Housing and Urban-Rural Development Department of Henan Province, Zhengzhou Central Sub-branch of the People's Bank of China and Henan Supervision Bureau of the Insurance Regulatory Commission of the Bank of China jointly issued the Opinions on Further Regulating the Supervision of Commercial Housing Pre-sale Funds (hereinafter referred to as the Opinions).

The "Opinions" put forward that for the pre-sale funds of commercial housing, "management should focus on supervision". That is, all the income obtained by real estate development enterprises from pre-selling commercial housing, including down payment, installment payment, one-time payment, bank mortgage loan, housing provident fund loan, etc. , should be included in the scope of supervision of commercial housing pre-sale funds. Among them, the key supervision funds are the funds needed to ensure the completion and delivery of the project, with the construction cost and a certain proportion of unforeseen expenses as the upper limit. Funds with pre-sale income exceeding the upper limit of key supervision funds belong to general supervision funds, which can be extracted and used by development enterprises.

The "Opinions" stipulate that the pre-sale funds should be "transferred to a special account for special purposes". That is, if the house price collected from the supervision account belongs to the key supervision funds, it will be specially used to pay the project construction cost after approval, including the necessary building materials, equipment, construction progress payment and other related expenses, and shall not be used to pay other loan principal and interest, land price, fines, marketing expenses, wages of employees of real estate development enterprises, etc.

In addition, the "Opinions" clarify that commercial banks may not deduct key regulatory funds without authorization before the first registration of the ownership of commercial housing projects is completed; A real estate development enterprise that establishes a subsidiary may not be transferred by the group company. The amount of key supervision funds is determined by the housing and urban-rural construction departments of cities and counties according to the project cost, construction contract amount and project delivery of commercial housing projects.

The specific measures mentioned in the Opinions include: determining the scope of supervision, determining the banks that can undertake the supervision service of pre-sale funds, clarifying the supervision period and the supervision quota of key funds, standardizing the supervision agreement and supervision account setting, strengthening the custody of supervision funds, strengthening the management of fund use, and implementing dynamic supervision throughout the process.