The units mentioned in these Provisions include enterprises, institutions, social organizations and other organizations. Article 3 The term "corporate time deposit certificate" as mentioned in these Provisions refers to the right certificate of RMB time deposit that the borrower entrusts the lender to apply to deposit-taking financial institutions (hereinafter referred to as deposit banks) with the account opening certificate for handling pledged loans.
The unit time deposit certificate can only be opened and used to pledge loans.
When a unit handles time deposits in a financial institution, the certificate of account opening for unit time deposits issued by the financial institution shall not be used as a pledge right certificate.
Financial institutions should formulate corresponding management systems, and strengthen the management of issuing unit time deposit account opening certificates and opening and using unit time deposit certificates. Article 4 Units shall abide by the laws and administrative regulations of the state and follow the principles of equality, voluntariness, honesty and credibility in normal pledged loan activities. Chapter II Issuance and Confirmation of Corporate Time Deposit Certificates Article 5 When handling corporate time deposit hypothecated loan, the borrower shall submit the following documents and materials to the lender in accordance with other relevant regulations:
(a) the account opening certificate, including the account opening certificate owned by the borrower or owned by a third party and provided to the borrower;
(2) A power of attorney for the depositor to entrust the lender to apply to the deposit bank for issuing the unit time deposit certificate;
(3) The seal or password reserved by the depositor in the bank where the account is opened.
If the account opening certificate is provided to the borrower by a third party, an agreement that the third party agrees to use the account opening certificate to pledge the loan shall be submitted at the same time. Article 6 If the lender agrees to the borrower's loan application after examination, it shall submit the account opening certificate and unit time deposit certificate to the account opening bank and issue a power of attorney, and apply to the account opening bank for issuing unit time deposit certificate and confirmation letter.
If the lender disagrees with the borrower's loan application after examination, it shall return the account opening certificate and power of attorney to the borrower in time. Article 7 After receiving the relevant materials submitted by the lender, the deposit bank shall carefully examine whether the account opening certificate is true, whether there is a real deposit relationship between the depositor and the bank, and whether the seal or password reserved on the application for issuing the unit time deposit certificate is consistent with the seal or password reserved by the depositor when depositing. When necessary, the deposit bank can verify the relevant information from the depositor. Article 8 If the bank holding the account considers that the deposit proved by the account opening certificate is true after examination, it shall keep the account opening certificate and the agreement that the borrower agrees to use the account opening certificate by a third party, and issue the unit time deposit certificate within 3 working days after receiving the relevant materials from the lender.
Depository banks shall not issue false certificates of unit time deposits that have no deposit relationship or certificates of unit time deposits that are inconsistent with the real deposit situation. Article 9 The deposit bank shall confirm the unit time deposit certificate at the same time when issuing the unit time deposit certificate. If the contents of the deposit certificate are confirmed to be true, a confirmation letter of the unit time deposit certificate shall be issued. The confirmation letter shall be signed by the person in charge of the opening bank and stamped with the official seal of the unit, and submitted to the lender together with the unit time deposit certificate. Article 10 The confirmation of the deposit bank to the unit time deposit certificate includes:
(1) Whether the account opening institution, account name, account number, deposit amount, deposit certificate number, term and interest rate contained in the unit time deposit certificate are true and accurate;
(2) Whether the reserved seal or password provided by the borrower is consistent;
(3) Other matters that need to be confirmed. Article 11 If the account opening bank finds that the items contained in the account opening certificate are inconsistent with the account records after examination, it shall not issue the unit time deposit certificate and inform the lender in time. Those who believe that they are suspected of committing a crime shall report to the judicial organs in time. Article 12 When a loan is pledged with a certificate of deposit of the confirming entity, the amount of the pledged loan generally does not exceed 90% of the confirmed amount. Banks can also reasonably determine the loan amount according to the scope of the deposit certificate pledge guarantee, but the deposit certificate amount should cover the loan principal and interest. Article 13 Lenders shall not accept unconfirmed unit time deposit certificates as loan guarantees. Article 14 The lender shall properly keep the pledged unit time deposit certificate, the reserved seal and password provided by the borrower or a third party, etc. If it is lost, damaged or leaked due to improper storage, the lender shall bear the responsibility. Chapter III Pledge Contract Article 15 If the handling unit pledges the loan on a regular basis, the lender and the pledger shall sign a written pledge contract. Where a pledge clause is concluded in a loan contract, the pledge clause shall comply with the provisions of this chapter. Article 16 A pledge contract shall include the following contents:
(a) the name, address or business place of the pledger, borrower and pledgee;
(2) The type, amount, term, interest rate, purpose and contract number of the secured loan;
(three) the number of the unit time deposit certificate and the type of deposit, account name, account, account opening institution, amount, term and interest rate;
(4) The scope of pledge guarantee;
(five) whether the bank has confirmed the unit time deposit certificate;
(6) Custody responsibility of unit time deposit certificates;
(seven) the way to realize the pledge;
(8) Liability for breach of contract;
(nine) the way to resolve disputes;
(ten) other matters that the parties think need to be agreed.