The punishment for entrusted payment is mainly based on the factual basis and relevant circumstances of the crime. In addition, entrusted payment often requires the permission and approval procedures of legal institutions before it can be carried out legally and reasonably.
(1) Set a higher initial payment amount. At present, the Interim Measures for the Management of Working Capital Loans of China Banking Regulatory Commission does not stipulate the initial amount of entrusted loan payment, but only stipulates in Article 26 that "if the payment object is clear and the single payment amount is large, the lender's entrusted payment method should be adopted in principle", which leads to different understandings of this method among banks. The starting point of entrusted payment of working capital loans is not balanced in the formulation of reference management measures and operating procedures.
Objectively, it leaves room for a few banks to intentionally set a higher initial amount of entrusted payment to avoid the new rules. For example, the Detailed Rules for the Examination and Approval of Working Capital Loans issued by Jiangxi Branch of Bank of China (version 20 10) stipulates that "the payment target is clear and the single payment amount exceeds RMB 50 million, and the single payment amount of key customers at the head office level exceeds RMB 654.38+0 billion".
Comparatively speaking, the Interim Measures for the Management of Fixed Assets Loans of China Banking Regulatory Commission stipulates that "if the amount of a single loan exceeds 5% of the total project investment or exceeds 5 million yuan, it shall be paid by the lender". The CBRC's Measures for the Administration of Fixed Assets Loans still define RMB 5 million as "a large amount", and the working capital loans of branches define RMB 50 million or even RMB1000000 as "a large amount". For another example, the head office of Bank of Communications defines the initial amount of working capital loan as "all provincial branches should reasonably determine the regional independent payment limit according to the local economic environment, inter-bank business practices and their own business conditions.
At this stage, the tentative maximum amount is 30 million yuan, which is obviously contrary to the provisions of the CBRC.
(2) Providing false purchase and sale contracts for entrusted payment. Some grassroots banks are not strict in reviewing the entrusted payment information provided by borrowers. Some borrowers only provide false purchase and sale contracts to handle the entrusted payment of lenders, resulting in the misappropriation of credit funds.
For example, on 20 10 and 12, Jiangxi Rare Earth Tungsten Group Co., Ltd. borrowed 70 million yuan from the corporate business department of Jiangxi Branch of Bank of China. The Ministry only handles the entrusted payment with the copy of the purchase and sale contract provided by the payer. The Borrower will transfer the above-mentioned money to the account opened by Jiangxi Huamei Ao Tungsten Industry Co., Ltd., the supplier of the above-mentioned purchase and sale contract, in Xingguo Gulonggang Sub-branch of China Agricultural Bank twice on the day of lending and the next day; On March 16, the above money was transferred back to the borrower's account in the business department of Qingshanhu Sub-branch of Agricultural Bank of China.
From this case, we can see that, on the one hand, the borrower provided a false purchase and sale contract to achieve the formal conditions of entrusted payment, so as to finally achieve the purpose of independent lending; On the other hand, the bank did not strictly examine other materials of entrusted payment, which eventually led to the credit funds being used for other purposes.
(3) Break the whole into parts to avoid entrusted payment. Specifically, the borrower divides the credit funds into multiple transactions within the limit entrusted by the lender, and transfers them to the same counterparty account in a short time, so as to avoid the entrusted payment by the lender and even take the bank credit funds.
Integrating the information of commercial banks and implementing entrusted payment by lenders will highlight the game of risk and income balance;
First, while reducing the risk of loan misappropriation, it will have an impact on the borrower's income. A person from a commercial bank said that at present, enterprises can withdraw project loans at one time, and whether and how to use them is up to enterprises to decide. In this case, during the transition period of project construction, the borrower can do some businesses to increase income, such as transferring money to the bank and purchasing wealth management products.
However, after adopting entrusted payment, it is impossible for the borrower to withdraw money at one time, and the space for short-term operation will be compressed.
The second is the balance between the efficiency of project approval and the progress of enterprise capital use. A policy banker admits that sometimes it takes half a year for a project to be approved, and enterprises already need funds here. As mentioned above, at present, many projects have started to apply for loans without going through the full approval process.
Third, how to deal with the problems of borrowers and counterparties. The entrusted loan bank will pay the funds to the borrower's transaction object, but if the project quality fails to meet the requirements, there will be disputes between the borrower and the project construction unit, and how to protect their interests. This has also become one of the concerns of banks.
The punishment for entrusted payment is mainly based on the factual basis and relevant circumstances of the crime. In addition, entrusted payment often requires the permission and approval procedures of legal institutions before it can be carried out legally and reasonably.
Second, independent payment of working capital loans
Independent payment means that the borrower can use the loan funds without the approval of the bank, but if the borrower uses the loan funds in violation of the loan contract, the bank has the right to collect them in advance at any time.
Compared with the "independent payment" method, the biggest difference of the lender's "entrusted payment" is that the "bank's review of loan funds" is added before the loan is issued, thus tying the loan funds and loan purposes together. This kind of binding will limit the borrower's "free" use of loan funds, thus effectively solving the problem of misappropriation of loan funds.
According to the new regulations, the current applicable situations of entrusted payment are: 1, the single amount of project financing loan exceeds 5% of the total project investment or exceeds 5 million yuan; 2. Working capital loans with one of the following circumstances: a. Newly established credit business relationship with the borrower and the borrower's credit status is general; B, the payment object is clear, and the single payment amount is large; Other circumstances identified by the lender.
Except in special circumstances, personal loan funds should also be entrusted to pay.
Exceptions to self-paid personal loans mainly include: the borrower cannot determine the specific transaction object in advance and the amount does not exceed RMB 300,000; The counterparty of the borrower does not have the conditions to effectively use the non-cash settlement method; The loan funds are used for production and operation and the amount does not exceed 500,000 yuan; Other circumstances stipulated by laws and regulations. A borrower with an operating loan of not more than 500,000 can pay independently.
Three. What are the regulatory requirements for independent payment of working capital loans?
Provide a list of independent payment objects when the loan is approved, and after the loan is issued.
Four. Regulatory requirements for independent payment of working capital loans
The regulatory requirements for independent payment of working capital loans are as follows: 1. If the payment is entrusted to the lender, the lender shall check whether the information listed in the payment application provided by the borrower is consistent with the corresponding business contract and other supporting materials according to the agreed loan purpose. After examination and approval, the lender will pay the loan funds to the borrower's transaction object through the borrower's account. 2. If the borrower pays by itself, the lender shall require the borrower to regularly summarize and report the payment of loan funds according to the loan contract, and check whether the loan payment meets the agreed purpose through account analysis, voucher inspection or on-site investigation. 3. In the process of loan issuance, if the borrower's credit status declines and the loan funds are used abnormally, the lender shall negotiate with the borrower to supplement the loan issuance and payment conditions according to the contract, or change the loan payment method and stop the loan funds issuance and payment.