Chapter I General Provisions
First, standardize the issuance and management of forest right mortgage loans; Safeguard the legitimate rights and interests of both credit parties and effectively prevent credit risks; According to the Banking Supervision Law of the People's Republic of China, People's Republic of China (PRC) Commercial Bank Law, People's Republic of China (PRC) Forest Law, People's Republic of China (PRC) Property Law and other relevant laws, regulations and policies, combined with the actual situation in Yunnan; Formulate the Interim Measures for the Management of Forest Right Mortgage Loan in Yunnan Banking Industry (hereinafter referred to as the Measures).
Article 2 The term "forest right" as mentioned in these Measures refers to the ownership and use right of forests, trees and woodlands. The term "forest right mortgage" as mentioned in these Measures refers to the act that the forest right holder does not transfer the possession of the forest right, but takes the forest right that he has the right to dispose of according to law as the creditor's right guarantee. Forest right mortgage refers to the ownership and use right of forests, trees and woodlands.
The term "forest right mortgage loan" as mentioned in these Measures refers to the borrower's behavior of borrowing from banking financial institutions with the forest right disposed by himself or a third person as collateral.
Article 3 These Measures shall apply to the development of forest right mortgage loans within the jurisdiction of Yunnan Province.
Article 4 The principle of clear property rights, standardized registration and controllable risks shall be followed in developing forest property rights mortgage loans; Principles of business sustainability.
Chapter II Loan Objects and Conditions
Article 5 The loan targets of forest right mortgage loans are farmers, self-employed households, enterprises, rural collective economic organizations, professional cooperative economic organizations and other natural persons and legal person organizations engaged in forestry-related production and operation activities.
Article 6 Banking financial institutions shall conduct due diligence on borrowers whose loan targets are natural persons in the following situations:
(a) whether it has full capacity for civil conduct;
(2) Whether the loan purpose complies with relevant national laws, regulations and policies;
(3) It has no bad credit record and has the ability to pay off the loan principal and interest;
(4) Other conditions required by banking financial institutions.
Article 7 Banking financial institutions shall conduct due diligence on the following situations:
(a) according to the law by the administrative department for Industry and commerce or the competent authority for approval and registration.
Conditions;
(two) engaged in production and operation should comply with the national industrial policy, credit policy and other laws and regulations.
Settings;
(three) engaged in normal production and operation, has certain economic benefits;
(four) the proportion of investment capital used for forestry projects is not less than 30%, and other investments are not included.
The proportion of project capital shall meet the requirements of relevant regulations;
(5) Having a standardized financial system;
(six) no bad credit record, with the ability to repay the principal and interest on time;
(7) Other conditions required by banking financial institutions.
Chapter III Scope of Mortgage
Article 8 When applying for forest right mortgage loan; The borrower shall submit the original forest right certificate to the banking financial institution, and those without forest right certificate shall not apply for forest right mortgage loan.
Ninth the following forest rights can be mortgaged:
(a) the ownership and use right of timber forest, economic forest and firewood forest;
(two) the right to use timber forest, economic forest and firewood forest;
(three) the right to use the forest land in the cutting land and burning land of timber forest, economic forest and firewood forest;
(four) the right to use other forests, trees and woodlands as stipulated by the State Council;
The specific scope of mortgage shall be agreed by the mortgagor and the banking financial institution according to the purpose of mortgage; And clearly stated in the written mortgage contract.
Tenth the following forest rights shall not be mortgaged:
(1) Ecological public welfare forest;
(two) the right to use forests, trees and woodlands with unclear or controversial ownership;
(three) the right to use forests, trees and woodlands that are not registered according to law (agriculture
Except for the trees planted by villagers in their homestead and hilly land);
(4) Belonging to national defense forests, historical sites, revolutionary memorial sites and nature reserves.
The right to use forests, trees and woodlands;
(five) the mother forest, experimental forest, environmental protection forest and scenic forest in the special purpose forest.
Lin;
(six) the right to use other forests, trees and woodlands that may not be mortgaged as stipulated by the state.
Article 11 Where the forest right under the unified management of rural collective economic organizations is mortgaged, the banking financial institution shall require the mortgagor to submit a resolution that more than two thirds of the members of the villagers' meeting of the collective economic organization or more than two thirds of the villagers' representatives agree to mortgage according to law and a written certificate that the township (town) people's government where the forest right is located agrees to mortgage; Mortgage with * * * forest right; The mortgagor shall provide other people's written consent.
Twelfth state-owned or state-controlled enterprises with forest rights mortgage, banking financial institutions should require the mortgagor to report to the competent forestry authorities and other examination and approval authorities for approval;
Where a limited liability company or a joint stock limited company applies for forest right mortgage, the banking financial institution shall require the mortgagor to submit a written decision adopted by the shareholders' meeting or the board of directors, unless otherwise stipulated in the articles of association of the company or enterprise.
Article 13 When a banking financial institution applies for mortgage with forest resource assets allocated by the state free of charge, it shall require the mortgagor to go through the transfer procedures of relevant forest trees, forest water ownership, use right and forest land use right first. As the ultimate transferee, the mortgagor shall obtain the above three rights and go through the transfer registration before mortgage.
Article 14 When obtaining the forest right mortgage of the forest cutting license, the banking financial institution shall require the mortgagor to hand over the original of the forest cutting license to the banking financial institution for safekeeping, and both parties shall register with the forestry administrative department for the record, and the consent of the banking financial institution shall be obtained in advance when implementing the forest cutting.
Fifteenth forests, trees and other forest resources assets ownership and use right mortgage, the right to use forest land must be mortgaged at the same time, the nature and use of forest land shall not be changed during the mortgage period.
Sixteenth banking financial institutions shall require the mortgagor to apply for forest disaster insurance for the collateral of forest right mortgage loan; During the mortgage period, the insurance beneficiary shall transfer it to the loan bank through agreement to offset the loan.
Chapter IV Loan Procedures
Seventeenth forest right mortgage loan operation process:
(1) Submit the bank loan application and related materials;
(2) loan review;
(3) evaluation;
(4) Signing a loan contract;
(five) for the registration of forest right mortgage;
(6) granting loans.
Article 18 When applying for a loan, the following materials shall be provided:
(a) loan application;
(2) proof of identity. Natural persons submit resident identity cards, household registration books or other documents.
Valid certificate; Enterprises or legal person organizations submit business licenses, tax registration certificates and loans.
Card ","organization code certificate ";
(3) Forest right certificate;
(four) the views of the forest right holder to agree to mortgage;
(5) Relevant information on the forests, trees and woodlands to be mortgaged, including: woodlands.
Type, location, boundary, area, forest species, tree species, forest age, stock volume, etc. ;
(6) Assessment report on mortgaged forest resources assets;
(7) If a third party is required to provide a guarantee, a letter of intent for the third party to provide a guarantee and other relevant documents and materials shall be issued;
(8) Other relevant information provided by banking financial institutions.
Nineteenth banking financial institutions can optimize the loan approval procedures and simplify the approval procedures according to their own reality and combined with the characteristics of forest right mortgage loans, and implement comprehensive investment trusts for qualified customers; Loans are repaid as they are used and used in a revolving way.
Chapter V Loan Risk Management
Article 20 Banking financial institutions shall, according to the characteristics of forest right mortgage loans, stipulate the operating procedures and standard requirements for each link of loan approval, so as to make on-the-spot investigation and accurate identification before lending, and separate the approval of goods from the approval of goods; On-site inspection and follow-up records after the loan, effectively preventing the risk of forest right mortgage loan.
Article 21 Banking financial institutions shall manage the whole process of forest right mortgage loans, establish a system of due diligence, accountability and exemption for forest right mortgage loans, conduct compliance inspection and audit on various business activities of forest right mortgage loans, and establish an evaluation and inquiry mechanism.
Twenty-second banking financial institutions should implement the special person responsible for the management of post-loan collateral; Perform post-loan management responsibilities, urge the mortgagor or borrower to properly manage the mortgaged forest resources assets, and effectively ensure the safety of the mortgaged assets.
Twenty-third banking financial institutions should establish asset mortgage files for forest rights that have been mortgaged by loans, and check with the forest rights mortgage registration department regularly; Ensure the legality and validity of mortgage. It is necessary to extensively establish a forest right mortgage loan registration account, monitor the loan situation in time, and keep abreast of the loan and collateral information.
Twenty-fourth banking financial institutions shall, according to the specific purposes of loans, manage and control the loan funds by means of entrusted payment or independent payment by borrowers in accordance with relevant regulations; Prevent the misappropriation of credit funds.
When banking financial institutions find abnormal risk factors such as the borrower's credit decline in the process of loan issuance, they can stop or recover the loan according to the contract; When the borrower is at risk or defaults, and the collateral is at risk, the banking financial institution shall take timely remedial measures to control the risk.
Chapter VI Use and Term of Loan
Twenty-fifth forest right mortgage loans are suitable for the capital needs of production and life related to forestry, such as production, management and industrial development, agriculture and other legal fields.
Twenty-sixth forest right mortgage loan period should be reasonably determined according to the borrower's production and operation cycle, credit status, loan purposes and other factors; The loan term generally does not exceed 10 year.
The cancellation of forest right mortgage shall not exceed the remaining period of the right to use forest right owned by the mortgagor.
Article 27 Banking financial institutions shall, in accordance with the relevant provisions of the Guiding Opinions of the People's Bank of China, Forestry Bureau of China Banking Regulatory Commission and China Insurance Regulatory Commission on Doing a Good Job in the Integration of Collective Forest Right System Reform and Forestry Development (Yinfa [2009] 170), reasonably determine the interest rate of forest right mortgage loans according to the borrower's risk status and loan projects.
Chapter VII Forest Right Evaluation
Twenty-eighth banking financial institutions to carry out forest rights mortgage loans, to assess the mortgaged forest rights. The evaluation adopts two ways: bank evaluation and entrusted forestry evaluation agency evaluation.
The loan project with a loan amount of more than 6,543.8+0,000 yuan (including 6,543.8+0,000 yuan) shall be evaluated by an institution with the qualification of forest resources assets evaluation;
For loan projects with a loan amount of 6,543,800+0,000 yuan to 300,000 yuan, forest resources survey, planning and design and forestry scientific research and teaching units with Grade C or above qualifications managed by the forestry department may be entrusted to provide evaluation and consultation services and issue evaluation and consultation reports. It can also be organized by banking financial institutions to issue an evaluation report, and the evaluation value needs to be approved by the mortgagor.
Small loan projects with loan amount below 300,000 yuan (including 300,000 yuan); Banking financial institutions can refer to the recent transaction price of the local forest right trading market; Determine the value of the mortgaged assets through self-assessment or negotiation with the borrower.
Article 20 Banking financial institutions shall reasonably determine the value and mortgage rate of collateral by referring to the assessed value and relevant certification materials provided by the mortgagor. The mortgage rate of forest right shall not exceed 60% of the assessed value.
Chapter VIII Mortgage Registration
Thirtieth to apply for forest right mortgage, it shall go through the formal registration formalities with the forest right registration department, and the forest right registration department shall issue his right certificate.
Article 31 After a banking financial institution signs a mortgage loan contract with the borrower. The borrower shall apply for mortgage registration to the forest right registration department at or above the county level with the following documents: The mortgage shall take effect from the date of registration.
(1) An application for registration of forest right mortgage;
(2) Legal person certificates or personal identity cards of the borrower, mortgagor and mortgagee;
(3) mortgage loan contract;
(four) the certificate of forest right and the certificate that the owner of forest right agrees to mortgage;
(5) Information about the mortgaged forests, trees and woodlands;
(6) If the forest resources assets to be mortgaged need to be assessed, an assessment report shall also be provided;
(seven) other materials required by the forest right registration department.
Thirty-second forest right registration department accepts the application materials for registration, and meets the conditions for mortgage registration upon examination; The registration formalities shall be completed within 5 days, and the forest right mortgage registration certificate shall be issued. If the mortgage registration conditions are not met, it shall promptly inform in writing the reasons for rejection and return the application materials.
Article 33 Where the type, amount or scope of mortgaged property is changed, the mortgagee shall require the mortgagor and the mortgagee to apply to the forest right registration department for registration of change with the supporting documents such as the change contract and the certificate of forest right mortgage registration; After examination and verification, the forest right registration department shall handle the change registration.
If the mortgagee and the mortgagor agree to extend the mortgage declaration period through consultation, both parties shall, within 0 months before the expiration of the mortgage contract; Apply to the original registration department for renewal of registration.
Article 34 If the borrower pays off all the principal and interest of the loan or the borrower and the banking financial institution agree to terminate the mortgage contract in advance through consultation, both parties shall cancel the registration with the original registration department.
Article 35 A banking financial institution shall specify the following clauses in the mortgage contract signed with the mortgagor:
(a) the mortgaged property that has been registered according to law shall not apply for mortgage registration repeatedly during the mortgage period.
(2) The applicant intentionally conceals the fact that the mortgaged property has been registered and provides false materials for repeated registration, thus causing damage to others; The mortgage applicant shall bear corresponding legal responsibilities.
Chapter IX Disposal of Collateral
Article 36 After the expiration of the contract; If it is really impossible to pay off the debt, the mortgagee has the right to dispose of the collateral according to law. When the mortgagee disposes of the mortgaged forest right, it can adopt the methods of negotiation, auction and sale.
Forestry departments at all levels should cooperate with the disposal and realization of forest property collateral, and if it is really necessary to cut trees, they should apply for forest cutting licenses.
Chapter X Supervision and Administration
Thirty-seventh banking financial institutions shall require the mortgagor to continue to operate and cultivate forests and trees during the period of forest right mortgage in the mortgage contract; Maintain the safety of forest resources assets; Banking financial institutions have the right to supervise and inspect the management of forest rights in accordance with the provisions of the mortgage contract; The forest right registration department shall supervise and manage the mortgaged forest resource assets.
Article 38 The mortgage contract signed by the banking financial institution and the mortgagor shall clearly stipulate:
During the period of forest right mortgage; Without the consent of the mortgagee, the mortgagor shall not transfer the mortgaged property or cut down trees.
The forest right registration department shall not handle the change registration of mortgaged forest right transfer, and the cutting examination and approval department shall not approve or issue the forest cutting license.
Thirty-ninth levels of forest public security, forest administration, forest fire prevention, forest pest control departments should actively cooperate with the supervision and management of forest right mortgage loans to prevent deforestation, fires, pests and other disasters.
Chapter II XI Supplementary Provisions
Fortieth matters not covered in these Measures shall be implemented in accordance with relevant laws and regulations.
Article 41 These Measures shall be interpreted by Yunnan Banking Regulatory Bureau and Yunnan Forestry Department.
Article 42 These Measures shall come into force as of the date of promulgation.