Guiding opinions on mortgage loan of forest resources assets
Chapter I General Principles
Article 1 In order to mobilize the enthusiasm of forestry producers, broaden forestry financing channels, standardize the management of mortgage loans for forest resources assets, guard against financial risks, and safeguard the legitimate rights and interests of both borrowers and lenders, according to the Forest Law of People's Republic of China (PRC), the Property Law of People's Republic of China (PRC), the Guarantee Law of People's Republic of China (PRC) and the Measures for the Registration of Forest Resources Assets of the State Forestry Administration (for Trial Implementation).
Article 2 Mortgage loan for forest resources assets (hereinafter referred to as mortgage loan for forest rights) refers to the act that a borrower applies for a loan from a rural credit cooperative in the region where he or a third party has the right to dispose of the forest use right and part of the forest land as collateral. During the existence of the mortgage, the mortgagor shall not transfer the possession of the mortgaged forest right; If the borrower and the lender cannot repay the principal and interest of the loan at maturity, the lender has the right to dispose of the collateral according to law.
Article 3 These Guiding Opinions are applicable to borrowers who use forest right as collateral, third parties as loan guarantors, guarantee companies as loan guarantors and require borrowers to apply for loans from rural credit cooperatives with forest right as counter-guarantee. There are mainly the following four loan forms:
(1) Forest mortgage loan. That is, forestry producers apply for loans from local rural credit cooperatives with forest rights and part of forest land use rights as collateral (including: borrowers are owners, users and mortgagors of forest rights, and rural credit cooperatives are lenders and mortgagees);
(2) Loans guaranteed by third parties. That is, the third party takes the forest ownership and part of the forest land use right that it has the right to dispose of as collateral to provide a guarantee for the borrower and apply for a loan from the local rural credit cooperative (among them, the third party is the owner, user, guarantor and mortgagor of the forest right, and the rural credit cooperative is the lender and mortgagee);
(3) Multi-person joint guarantee loan. That is, according to the principle of voluntary combination, three or more forestry producers jointly guarantee each other with the forest ownership and part of the right to use forest land as collateral, and * * * is also a member of the joint guarantee group to apply for loans from local rural credit cooperatives. Rural credit cooperatives provide the maximum amount of credit to the UNPROFOR team. Within the maximum credit line, members of the joint guarantee team can flexibly apply for loans according to their own capital needs (among them, all parties are forest right owners, users, guarantors and mortgagors, and rural credit cooperatives are lenders and mortgagees);
(4) Counter-secured loans. That is to say, the guarantee company provides guarantee to forestry producers, and at the same time, the guarantee company requires forestry producers to apply for loans from local rural credit cooperatives with their forest property rights mortgage as counter-guarantee (in which: the borrower is the owner, user and mortgagor of forest property rights, the guarantee company is the guarantor and mortgagee, and the rural credit cooperatives are the lenders).
All the above loans can be guaranteed by the maximum mortgage (guarantee) loan, and the loan method of "one-time approval, balance control, on-demand loan and turnover matching" is implemented within the maximum granted amount. In addition to the above four main ways, borrowers also use enterprises, personal real estate mortgages, certificates of deposit pledges and other ways to obtain funds for developing forestry production.
Article 4 Unless otherwise stipulated in this Guidance, other loan terms and related management shall be implemented in accordance with the relevant provisions of the Basic Operating Rules for Loans and Loan Management of Guizhou Youcun Credit Cooperative.
Chapter II Loan Object, Purpose and Conditions
Article 5 The loan target: enterprises as legal persons, institutions as legal persons, self-employed households and other economic organizations or individuals approved and registered by the administrative department for industry and commerce (enterprises as legal persons, institutions as legal persons and other economic organizations are hereinafter collectively referred to as unit customers, and self-employed households and individuals are collectively referred to as individual customers).
Article 6 Purpose of the loan: used for the needs of forestry production funds.
Article 7 Loan conditions:
(1) corporate customers
(1) Open a basic deposit account or general deposit account with the lender, and hold a loan card issued by the People's Bank and passed the annual inspection;
(2) Good reputation, no bad records, and the ability to repay the loan principal and interest on schedule;
(3) Having a sound organizational structure and financial management system;
(4) Abide by laws and regulations, and shareholders and current senior executives have no major bad records;
(5) Meet the loan requirements and credit rating;
(6) It meets the guarantee requirements stipulated in Article 3 of these Guidelines;
(7) Other conditions required by the lender.
(2) Individual customers
(1) Open a personal bank settlement deposit account with the lender;
(2) Abide by the law, have no bad records, and have the ability to repay the loan principal and interest on schedule;
(3) Reaching the credit rating required by the lender;
(4) It meets the guarantee requirements stipulated in Article 3 of these Guidelines;
(5) Other conditions required by the lender.
Article 8 A borrower shall submit the following materials when applying for a forest right mortgage loan to a rural credit cooperative:
(a) the information required for the unit customer to apply for forest right mortgage loan:
(l) Loan application (the loan application should indicate that "the authorized lender can check the borrower's credit status through the credit information system");
(2) the national unified forest right certificate issued by the people's government at the county level and formulated by the State Forestry Administration;
(3) the evaluation report on the value of forest resources issued by the relevant departments or the evaluation report agreed by the parties;
(4) Copy of business license, tax registration certificate, organization code certificate, legal representative ID card and other relevant business licenses;
(5) Providing forest resources insurance policy in principle;
(6) Other documents and materials as stipulated in Article 13 of these Guidelines.
(two) the information required for individual customers to apply for forest right mortgage loans:
(l) Loan application (the loan application should indicate that "the authorized lender can check the borrower's credit status through the credit information system");
(2) the national unified forest right certificate issued by the people's government at the county level and formulated by the State Forestry Administration;
(3) the evaluation report on the value of forest resources issued by the relevant departments or the evaluation report agreed by the parties;
(4) The original and photocopy of the borrower's or property owner's ID card, and the self-employed should also provide copies of relevant business license certificates such as business license and tax registration certificate;
(5) The original and photocopy of the ID card of the owner of the forest right certificate;
(6) Providing forest resources insurance policy in principle;
(seven) other documents and materials as stipulated in article thirteenth of these guidelines.
Article 9 Where the guarantee is provided by a guarantee company, the guarantee company shall open a special deposit account with the lender and deposit a certain percentage of the deposit according to the loan amount of the borrower. The deposit ratio shall be determined by the lender and the guarantee company through consultation. Before the loan is paid off, the guarantee company may not withdraw the deposit. If the borrower fails to perform the debt on schedule (the scope of the debt is subject to the relevant agreement in the loan contract), the lender has the right to directly deduct it from the special deposit account, and the specific matters shall be agreed by the lender and the guarantee company in the guarantee loan contract.
Chapter III Loan Amount, Term and Interest Rate
Article 10 Loan amount: The loan amount shall not exceed 50% of the assessed value of collateral recognized by the lender.
Article 11 Term of loan: The lender shall reasonably determine the term of loan according to the actual situation, but the longest term shall not exceed 8 years.
Twelfth loan interest rate: according to the interest rate policy of the People's Bank of China on rural credit cooperatives. Different interest rate policies can be implemented for borrowers with different credit ratings, and interest rate concessions can be given to borrowers who provide forest resources insurance policies.
Chapter IV Scope and Relevant Provisions of Forest Right Mortgage
Thirteenth have the right to dispose of the following trees can only be used as collateral:
(a) the ownership of timber forests, economic forests and firewood forests in commercial forest areas;
(two) through bidding, auction, public consultation and other ways to contract rural forest land, and obtain the right to use timber forest, economic forest and firewood forest land in accordance with the law;
(three) contracting rural forest land through bidding, auction and public consultation. And obtain the right to use the timber forest, economic forest, firewood forest and burned land of the forest right certificate according to law;
(four) the wasteland obtained through bidding, auction, public consultation, etc. is used for afforestation, and the forest land use right of the forest right certificate is obtained according to law;
(five) the right to use other forests, trees and woodlands as stipulated by the State Council;
When forest or forest assets are mortgaged, the right to use forest land shall be mortgaged at the same time, but the property and use of forest land shall not be changed.
Fourteenth the following forests, trees and woodlands shall not be mortgaged:
(1) Ecological public welfare forest;
(two) the right to use forests, trees and woodlands with unclear or controversial ownership;
(3) The right to use forests, trees and woodlands that have not been registered in accordance with the law (except the trees planted by rural residents in homestead and hilly land);
(4) The right to use forests, trees and woodlands belonging to national defense forests, Yaosheng historical sites, Gekao memorial sites and nature reserves;
(five) the mother forest, experimental forest, environmental protection forest and scenic forest in the special purpose forest;
(six) the right to use collective forest land obtained in the form of household contract;
(seven) the right to use other forests, trees and woodlands that may not be mortgaged as stipulated by the state.
Article 15 Where the forest right is mortgaged, the mortgagor shall issue the forest right certificate issued by the local people's government at or above the county level to the mortgagee, and state the relevant information such as the type, location, boundary, area, forest species, tree species, forest age and accumulation of the forest right to be mortgaged for the mortgagee's review. The mortgagor of the counter-secured loan shall also provide the lender with a copy of the above information.
Sixteenth to collectively owned forest rights mortgage, its meaning must be approved by the villagers' meeting of more than two thirds of the members of the collective economic organization or more than two thirds of the villagers' representatives; The mortgage of forest rights owned by companies and enterprises must be approved by the shareholders' meeting or the board of directors. If there are other provisions in the articles of association of the company or enterprise, it shall be handled according to the articles of association; Where the forest right owned by * * * is mortgaged, the mortgagor shall obtain the written consent of other * * * owners in advance; Where the forest right of a state-owned unit is used as collateral, a written document approved by the authority with the right of approval shall be provided.
Seventeenth the scope of forest right mortgage guarantee shall be agreed by the mortgagor and the mortgagee, and shall be clearly defined in the mortgage guarantee contract.
Eighteenth forest right mortgage guarantee period is determined by both parties through consultation. In the case of contracting, subcontracting or leasing, the longest period shall not exceed the service life stipulated in the contract minus the remaining years of contracting, subcontracting or leasing.
Article 19 The mortgagor must obtain the written consent of the mortgagee to transfer or exchange the mortgaged forest right, and the counter-guarantee loan must obtain the written consent of both the mortgagee and the lender, otherwise it may not be transferred or exchanged. The mortgagor shall inform the third party of the real situation of transfer, exchange and ownership.
Article 20 The lender shall not bear the expenses incurred in mortgaging the property during the mortgage period.
Chapter V Appraisal and Registration of Collateral
Twenty-first mortgagor shall employ assessment institutions and personnel with forest right assessment qualifications to assess the mortgaged forest right. Forest right evaluation should be in accordance with the relevant provisions of the Notice of the former State-owned Assets Administration Bureau and the Ministry of Forestry on Printing and Distributing Technical Specifications for Forest Resource Assets Evaluation (Trial) (Guo Zi Ban Fa [1996] No.59) and the Notice of the Ministry of Finance and the State Forestry Administration on Printing and Distributing Interim Provisions on Forest Resource Assets Evaluation Management (Caiqi [2006] No.529).
The lender and the forest right registration department shall review the qualifications of the forest right evaluation institutions and appraisers hired by the mortgagor.
Article 22 If the mortgagor is temporarily unable to employ appraisal institutions and personnel with forest right appraisal qualifications due to objective conditions, the lender shall strictly control the mortgage rate to ensure the safety of the loan. If the mortgagor and the lender determine the value of the collateral through consultation according to the market principle without violating the relevant laws and regulations of the state, the forestry administrative department of the local people's government at or above the county level may confirm the registration.
Twenty-third registration of mortgaged forest rights shall be handled by the forestry administrative department of the local people's government at or above the county level, and the specific matters shall be implemented in accordance with the relevant provisions of the Measures for the Registration of Forest Resources Assets Mortgage (Trial) issued by the State Forestry Administration.
Article 24 In the process of applying for forest right mortgage loan, the forestry administrative department of the local people's government at or above the county level shall confirm the authenticity and legality of the forest right certificate, and shall not apply for the mortgaged forest right mortgage registration repeatedly, and ensure that the forest right change procedures will not be handled during the period of forest right mortgage loan.
Article 25 After all the loans under the mortgage contract are paid off, the mortgagor shall go to the original registration authority for cancellation of registration with the repayment voucher within 15 working days.
Chapter VI Incidental Insurance
Article 26 If the parties to the forest right mortgage loan agree to insure the forest resource assets, the insurance fee shall be paid by the mortgagor, and it shall be made clear that during the mortgage period, the mortgagee is the first beneficiary of the insurance policy, and the insurance policy shall be transferred to the mortgagee for safekeeping.
Chapter VII Supervision and Disposal of Collateral
Twenty-seventh mortgage of state-owned forest resources assets shall be subject to the supervision of the mortgage registration department and the mortgagee. Mortgaged non-state-owned forest resources assets shall be supervised by the borrower, the mortgagor and the mortgagee through consultation, and the supervision agreement concluded shall be reported to the mortgage registration authority for the record, and the mortgage registration authority shall supervise the implementation of the supervision agreement.
State-owned forest consulting assets refer to the assets that the state and state-owned units have the ownership or use right of forests, trees and woodlands; Others are non-state-owned forest resources assets.
Article 28 The mortgagor shall ensure the safety and integrity of the mortgaged forest right during the mortgage period. The mortgagee has the right to supervise and inspect the operation and management of the mortgaged forest right in accordance with the stipulations of the mortgage contract.
Twenty-ninth registered mortgage of forest rights, the cutting of forests and trees must be approved by the mortgagee and the lender. Without the written consent of the mortgagee and the lender, the forestry administrative department of the local people's government at or above the county level shall not issue the forest cutting license.
Thirtieth forest rights mortgage period, the mortgagor shall not cut down the mortgaged trees. If it is really necessary to cut trees, the mortgagor may cut trees after obtaining the written consent of the lender and the mortgagee and obtaining the forest cutting license issued by the forestry administrative department of the local people's government at or above the county level. However, the income from cutting down trees according to law should be used first to repay the loan of the lender or the compensation part of the guarantee company.
Article 31 If the borrowers in the four main forms specified in Article 3 of these Guiding Opinions are unable to repay the principal and interest of the due loan with monetary funds, the lender has the right to dispose of the collateral or ask the guarantor to pay off. Where the lender or mortgagee requests to dispose of the collateral by logging, it shall submit a logging application to the forestry administrative department of the local people's government at or above the county level with the loan contract, mortgage loan contract, guarantee contract, loan voucher and debt repayment and compensation.
The competent forestry administrative department of the people's government shall give priority to the cutting indicators in the annual timber production plan. The forestry administrative departments of the local people's governments at or above the county level shall actively cooperate and handle the necessary legal procedures for realizing the mortgage rights and interests.
Thirty-second forest rights disposal can take the following ways:
(1) discount. After consultation between the lender or mortgagee and the mortgagor, the mortgaged forest right will be converted into the price according to the market price to directly pay off the debt;
(2) auction. After consultation between the lender or mortgagee and the mortgagor, the mortgaged forest right is transferred to the highest bidder through market bidding, and the proceeds are used to repay the loan principal and interest;
(3) selling. The lender or mortgagee, with the consent of the borrower, transfers the mortgaged forest right to others in the form of general sale. The price shall be determined by the lender or mortgagee, the borrower and the transferee through consultation. The proceeds shall be paid in priority by the lender or mortgagee.
Article 33 If the lender or mortgagee cannot dispose of the mortgaged forest right through consultation with the borrower, the lender or mortgagee may dispose of it according to law. The forestry administrative department of the people's government at or above the county level shall actively cooperate after receiving the written notice from the lender or mortgagee on the preservation and management of the mortgaged property, and shall not accept any application for disposing of the mortgaged property before the debts of the lender or mortgagee are paid off.
Chapter VIII Supplementary Provisions
Article 34 These Guidelines shall be interpreted and revised by Guizhou Rural Credit Cooperatives and Guizhou Provincial Forestry Department.
Article 35 Rural credit cooperatives (rural cooperative banks) and forestry administrative departments of counties (cities, districts) shall formulate specific management measures or detailed implementation rules according to these guiding opinions, and report them to higher authorities step by step.
Thirty-sixth this guidance shall be implemented as of the date of issuance.