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Original title: The Internet loan “Basic Law” has been implemented for half a year and the regulations will prescribe the prescription and delimit the 30% red line
Summary
[La “Ley Básica” de préstamos por Internet se implementa durante medio año, luego se prescriben las recetas y se delinea una línea roja del 30%]CBN reporter learned that on February 20, the General Office of the China Banking and Insurance Regulatory Commission issued the “Notice on Additional Regulation of Commercial Banks Internet Lending Business”, the content is found en On the basis of the “Interim Measures for Internet Loan Administration of Commercial Banks” (hereinafter “Measures”) promulgated and implemented in July 2020, the prudential regulatory requirements are further refined and the regulatory standards are unify. (China Business News)
dealBankThe InternetSix months after the promulgation of the “Basic Law” on loans, regulate more commercial activitiesBankRegulatory policies for the Internet lending business have been largely implemented.
A reporter for China Business News learned that on February 20, the General Office of the China Banking and Insurance Regulatory Commission issued theBank“Notice on Internet Loan Business” (hereinafter “Notice”), the content of which was promulgated and implemented in July 2020Commercial bankBased on the Interim Measures for Internet Loan Administration (the “Measures”), further improvementsPrudential supervisionRequirements, unified regulatory standards.
From a content point of view, the “Notice” clarifies three aspects of the capital contribution ratio, concentration and quota management.Quantitative indexAnd strictly control the placeCorporate bankCross-regional operations. Among them, the “new and old split” for the capital contribution rate standard and cross-region operation restrictions are implemented, and new companies must implement the “Notice” requirements as of January 1 of 2022, allowingValuesThe business is naturally settled; For the quantitative standards of concentration risk management and limit management, the supervision department will follow the principle of “one line, one policy, smooth transition” to supervise and guide all institutions to complete the rectification orderly before 17 of July. , 2022.
For commercial banks and cooperative institutions jointly financed to issue loans over the Internet, the “Notice” strictly stipulatesSingle loanThe share of the capital contribution of the Chinese partner shall not be less than 30%.
30% red line
In July 2020, the China Banking and Insurance Regulatory Commission promulgated and applied the “Measures”, which initially established a framework for commercial Internet lending systems of commercial banks, and applied measures on credit risk management, the management of cooperative institutions,consumptionSpecific requirements have been proposed in areas such as personal protection.
The person in charge of the relevant department of the China Banking and Insurance Regulatory Commission stated that since the publication of the “Measures”, the regulatory authorities have found that there are differences in the effects of implementation and rectification efforts of various institutions, especially in the independent implementation of central linkages for risk control and strengthening the management of cooperative institutions Internet loans from some institutions There is still a certain gap between business behavior and the requirements of the Measures, and there are hidden risks.
Among them, Article 62 stipulates that the banking regulator may, on the basis of the business management, the level of risk and the development of the commercial bank’s Internet lending business, determine the capital contribution rate and the risk of related concentration of loans jointly financed by commercial banks and cooperative institutions. , Present the relevant prudential supervision requirements for companies in all registry jurisdictions.
“Regulatory authorities are listeningopinionBased on the actual situation, it is considered necessary to further refine the prudential supervision requirements and unify the supervisory standards in accordance with the provisions of Article 62 of the Measures. “Said the head of the relevant department of the China Banking and Insurance Regulatory Commission.
Based on the “Measures”, the “Notice” detailed the management requirements for the investment index range and presented a quantitative standard: Commercial banks and cooperative institutions jointly financed to issue Internet loans must strictly implement management of the investment index range. requirements, and the partner in a single loan Investment ratio will not be less than 30%.
Dong Ximiao, chief investigator at China Merchants Union Finance, told CBN reporters that the partner’s equity contribution ratio on a single loan should not be less than 30%, mainly due to moderation.Small and medium banksborrowIt helped the joint loan business expand too fast.
The person in charge of the relevant department of the China Banking and Insurance Regulatory Commission stated that joint financing of loans by commercial banks and cooperative institutions is conducive to complement each other’s advantages and improve efficiency. But in practice , there are individual banksCreditConditions and issues such as poor risk management and inconsistent rights and responsibilities to partners have damaged the foundation for healthy and sustainable development of the Internet lending business.
The person in charge affirmed that this norm is based on the real situation of the business of loans by Internet of the commercial banks.ResearchThe calculation is determined and is also considered consistent with the relevant provisions of the “Interim Measures for the Management of Small Online Loans (Draft for Comments)” to avoid oversight.arbitration。
Dong Ximiao told reporters that the “Measures” are more open and inclusive, promoting commercial banking and consumer finance.the companyActively explore the Internet loan business under the premise of preventing risks. The “Notice” has substantially tightened the requirements of online lending policies. It is a further refinement and amendment of the “Measures”. The main objective is to implement the central government regulation on financial technology andPlatform economyA set of development requirements will further strengthen financial supervision and better avoid financial risks.
TrustAlso included
In addition to the requirements for the capital contribution ratio of joint loans, the “Notice” also clarified the concentration risk management and the quantitative quota management standards of cooperative institutions in detail.
Article 53 of the “Measures” clearly states that commercial banks must carefully select cooperative institutions in accordance with the principle of moderate dispersion and avoid excessive reliance on cooperative institutions; Article 54 stipulates that commercial banks must include the total amount of loans issued jointly with cooperative institutions in the quota management, and strengthen the management of concentration risk of cooperative co-financing loan institutions.
However, in practice, various commercial banks have a different understanding and understanding of the above regulations, and the concentration management and limit management of individual institutions have failed.
The “Notice” clarified that if a commercial bank and a cooperative institution jointly finance a loan over the Internet, it will cooperate with a single partner (including itsRelated party) The balance of loans issued by the bank shall not exceed 25% of the bank’s Tier 1 net capital; the balance of Internet loans issued jointly by commercial banks and all cooperative institutions will not exceed 50% of the bank’s total loan balance.
In Dong Ximiao’s opinion, the balance of the bank loan issued by a commercial bank and a single partner will not exceed 25% of the Tier 1 net capital. The main objective is to diversify the risk of joint loans and prevent small and medium banks “Putting eggs in the same basket” and being overly dependent on a single external partner.
“The above regulations can encourage commercial banks to further carry out the proper dispersal of the Internet lending business, avoid the risk of concentration of excessive dependence on a single cooperative institution, and at the same time reserve enough space for healthy development of the Internet loan business “. The head of the corresponding department of the China Banking Regulatory Commission highlighted.
It is worth mentioning that the Notice alsoTrusted companyIncluded in the scope of application. In general, trust companies currently have a certain scale in the development of the Internet loan business and part of their business is also carried out with the help of the relevant cooperative institutions.
The person in charge of the relevant department of the China Banking and Insurance Regulatory Commission stated that it is a unified regulatory standard and avoidsRegulatory arbitrationAt the same time, it promotes trust companies to strengthen the prevention and control of related commercial risks. In accordance with the principle of “treating business and related matters equally”, the “Notice” on this occasion clarified that trust companies should refer to the provisions of the “Measures” and the “Notice”.
(Source: China Business News)
(Editor in charge: DF387)
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