It is reported that Dandong Bank and *ST Anxin issued a trust loan of 600 million yuan to the borrower according to the trust contract, and then Dandong Bank and *ST Anxin signed a trust beneficiary transfer agreement, stipulating that after the trust property existed for a certain period of time, *ST Anxin received the trust beneficiary and paid the consideration. At present, the trust plan term and loan term have expired, and Dandong Bank believes that all defendants including *ST Anxin have not fulfilled their corresponding obligations.
Involving principal and interest of 862 million yuan.
165438+1October 26th, *ST Anxin announced that the company received the notice of responding to the lawsuit issued by Shanghai Financial Court on October 25th, 2020. The litigants are the plaintiff Dandong Bank and one of the defendants *ST Anxin. It is reported that the amount of cases still under trial is about 862 million yuan.
It is understood that in March 2065438+2006, Dandong Bank signed a trust contract with *ST Anxin, stipulating that the total amount of entrusted funds was 600 million yuan, and *ST Anxin issued a trust loan to the borrower. Dandong Bank signed a trust beneficiary transfer agreement with *ST Anxin, stipulating that after the trust property existed for a certain period of time, *ST Anxin transferred the trust beneficiary right according to the notice of Dandong Bank. At present, both the trust plan term and the loan term have expired. Dandong Bank believes that all the defendants, including *ST Anxin, have not fulfilled their corresponding obligations, so they are brought to court.
According to the announcement, Dandong Bank requested that the defendant (borrower) repay the loan principal of 599.5 million yuan to the plaintiff (creditor), and the interest and overdue interest were estimated to be about 262 million yuan, and requested that *ST Anxin be jointly and severally liable for the above debts.
*ST Anxin said in the announcement that the litigation case is still under trial, and it is impossible to judge the impact of related litigation on its current profit or future profit. Will actively exercise litigation rights in accordance with the procedures prescribed by law, and there is a risk of negative impact on the company's operating performance.
"General banks and trust companies cooperate in similar businesses. After the investment bank transfers the beneficial right, a new beneficiary will take over, that is, a new investor. Generally, trust companies will not accept the beneficial right of the trust itself, but if there is a special agreement between the bank and the trust company, it may be taken over by the trust company, depending on how the agreement was signed at that time. " A business person from a trust company in the south said.
"If an agreement on the transfer of the beneficial right of a forward trust is signed, it shall be taken over by the trust company with its own funds. In addition, it depends on how their trust contract is agreed, whether it is a transaction management trust or an active management trust. If it is a transaction management trust, in theory, the borrower can pay off the money to the bank first. If the trust is actively managed, the responsibility of the trust will be great. " A business person from a trust company in Beijing said.
"If there is a drawer agreement between the trust company and the bank, it depends on whether the court decides that this drawer agreement is valid." The above-mentioned trust company business people also said that more and more recent trial results tend to trust companies to undertake due diligence and post-loan management.
The reason why agreements such as the transfer of trust beneficial rights are signed is because there is a certain "guarantee" for banks or trustees. "Through the transfer of trust beneficial rights, banks can reduce the scale of credit and avoid some regulatory indicators. Moreover, when the banking business was radical, many business partners signed drawer agreements and repurchase agreements. In order to' guarantee' the party's' safe exit'. However, once one party fails to perform as agreed, it will easily lead to disputes. " A person from the capital business department of a city commercial bank said.
The investment income is greatly discounted.
"Bank trust business mainly involves the cooperation between banks and trusts, which is divided into three modes: intermediary business mode (consignment), channel business mode and wealth management product mode. Bank investment trust products are an embodiment of the financial product model. In this model, the bank is responsible for the capital end, and its role is to raise and provide funds; The trust is responsible for the asset side and is responsible for managing various investment and financing businesses. " Su, a senior researcher at the Seck Institute, said.
However, with the standardization of supervision, many banks have adjusted their banking business. A person from the fund business department of the above-mentioned city commercial bank said: "With the implementation of the new asset management regulations, there are fewer and fewer similar businesses that regulate the cooperation between banks and banks. In the past two years, enterprise risks have intensified, and the original trust channel business has gradually exposed overdue risks. Many banks have made substantial adjustments to the trust channel business. "
Judging from the operation of Dandong Bank, the investor in the above case, the bank has made great changes in investment income this year. In the third quarter of this year, the net profit of Dandong Bank was only 82.4 million yuan, compared with 654.38+39 million yuan in the same period last year. From the perspective of operating income, the third quarter of this year is almost the same as the same period of last year, but from the perspective of income composition, the investment income of the bank has changed greatly, and the investment income has dropped from 654.38+64 billion yuan in the third quarter of last year to 98.36 million yuan.
In the rating report issued to Dandong Bank in July this year, United Credit Rating Co., Ltd. (hereinafter referred to as "United Credit Rating") believed that the asset management plan and trust product investment scale of Dandong Bank were relatively large, and the loan scale of dandong port was relatively large, which brought certain pressure on the bank's liquidity.
Specifically, United Credit believes that the investment structure of Dandong Bank is characterized by large-scale investment in asset management plans and trust products, and part of the funds are mainly used for loans. Capital investment overlaps with traditional loan investment, and credit risk management faces certain pressure. At the same time, in the case of stricter supervision, the above-mentioned business scale is facing shrinking pressure.
In addition, in addition to investment business, in the third quarter of this year, the net fee and commission income of Dandong Bank became-296,700 yuan, compared with 4.56 million yuan in the same period last year; In terms of operating expenses, the bank's asset impairment loss in the third quarter of this year was 654.38 billion yuan, compared with 30 million yuan in the same period last year.
"The scale of investment in bank trust products is large, which may bring cross risks to financial business. Because this model depends on the active management level of the trust company, if the trust company is not properly managed, this risk may be transmitted from the asset side to the capital side, and some overdue litigation disputes are such manifestations. " Sue said to me.