| Notice of the China Banking Regulatory Commission on Issuing the Measures for the Administration of Entrusted Loans of Commercial Banks | | 中国银监会关于印发商业银行委托贷款管理办法的通知 |
| (No. 2 [2018] of the China Banking Regulatory Commission) | | （银监发[2018]2号） |
| All local offices of the China Banking Regulatory Commission; all large-scale banks and joint-stock banks; Postal Savings Bank of China; and foreign-funded banks: | | 各银监局，各大型银行、股份制银行，邮储银行，外资银行： |
| The Measures for the Administration of Entrusted Loans of Commercial Banks are hereby issued to you for compliance and implementation. | | 现将商业银行委托贷款管理办法印发给你们，请遵照执行。 |
| January 5, 2018 | | 2018年1月5日 |
| Measures for the Administration of Entrusted Loans of Commercial Banks | | 商业银行委托贷款管理办法 |
| Chapter I General Provisions | | 第一章 总 则 |
| Article 1 For the purposes of regulating commercial banks' entrusted loan business, enhancing the management of their entrusted loan business, and promoting the sound development of the entrusted loan business, these Measures are developed in accordance with the Banking Supervision Law of the People's Republic of China, the Law of the People's Republic of China on Commercial Banks, and other laws and regulations. | | 第一条 为规范商业银行委托贷款业务经营，加强委托贷款业务管理，促进委托贷款业务健康发展，根据《中华人民共和国银行业监督管理法》《中华人民共和国商业银行法》等法律法规，制定本办法。 |
| Article 2 Commercial banks legally formed in the territory of the People's Republic of China shall comply with these Measures in conducting their entrusted loan business. | | 第二条 中华人民共和国境内依法设立的商业银行办理委托贷款业务应遵守本办法。 |
| Article 3 For the purposes of these Measures, “entrusted loan” means a loan granted on behalf of a client by a commercial bank (the “fiduciary”), which also assists in overseeing the use of and recovering the loan, with funds provided by the client according to the borrower, purpose, amount, currency, term, and interest rate, among others, as determined by the client, excluding entrusted loans under cash management and entrusted loans under a housing provident fund. | | 第三条 本办法所称委托贷款，是指委托人提供资金，由商业银行（受托人）根据委托人确定的借款人、用途、金额、币种、期限、利率等代为发放、协助监督使用、协助收回的贷款，不包括现金管理项下委托贷款和住房公积金项下委托贷款。 |
| “Client” means a legal person, an unincorporated organization, an individual industrial and commercial household, or a natural person with full capacity for civil conduct that provides the funds of an entrusted loan. | | 委托人是指提供委托贷款资金的法人、非法人组织、个体工商户和具有完全民事行为能力的自然人。 |
| “Entrusted loans under cash management” means the services of funds collection and allocation between independent legal persons inside an enterprise group provided by a commercial bank for the enterprise group client in the form of entrusted loans as authorized by the client in providing cash management services. | | 现金管理项下委托贷款是指商业银行在现金管理服务中，受企业集团客户委托，以委托贷款的形式，为客户提供的企业集团内部独立法人之间的资金归集和划拨业务。 |
| “Entrusted loans under a housing provident fund” means the loans for individual housing consumption and loans for construction projects of indemnificatory housing granted by a commercial bank on behalf of a local housing provident fund management center as authorized by it with the housing provident fund as the source of funds. | | 住房公积金项下委托贷款是指商业银行受各地住房公积金管理中心委托，以住房公积金为资金来源，代为发放的个人住房消费贷款和保障性住房建设项目贷款。 |
| Article 4 The entrusted loan business is an agency service of a commercial bank. A commercial bank shall, in accordance with these Measures, enter into a contract with the parties to an entrusted loan to provide for the rights and obligations of all the parties, fulfill its corresponding duties, and collect commission fees, without assuming any credit risk. | | 第四条 委托贷款业务是商业银行的委托代理业务。商业银行依据本办法规定，与委托贷款业务相关主体通过合同约定各方权利义务，履行相应职责，收取代理手续费，不承担信用风险。 |
| Article 5 Commercial banks shall adhere to the principles of compliance with laws and regulations, equality, free will, matching between responsibilities and benefits, and prudential operation in conducting their entrusted loan business. | | 第五条 商业银行办理委托贷款业务，应当遵循依法合规、平等自愿、责利匹配、审慎经营的原则。 |
| Chapter II Business Management | | 第二章 业务管理 |
| Article 6 A commercial bank shall, in accordance with these Measures, develop the management rules for its entrusted loan business, rationally determine the division of labor among departments and posts, specify the scope of and the qualification and access requirements for clients, as well as the business flow and the risk controls, among others, of its entrusted loan business, conduct assessment on a regular basis, and make improvement in a timely manner. | | 第六条 商业银行应依据本办法制定委托贷款业务管理制度，合理确定部门、岗位职责分工，明确委托人范围、资质和准入条件，以及委托贷款业务流程和风险控制措施等，并定期评估，及时改进。 |
| Article 7 To be accepted by a commercial bank, an application for an entrusted loan shall meet the following conditions: | | 第七条 商业银行受理委托贷款业务申请，应具备以下前提： |
| (1) The client and the borrower have reached an agreement on the conditions for the entrusted loan. | | （一）委托人与借款人就委托贷款条件达成一致。 |
| (2) Where the client or the borrower is not a natural person, a resolution or document on its governing body's consent to the entrusted loan or a certificate with an equal legal force has been issued. | | （二）委托人或借款人为非自然人的，应出具其有权机构同意办理委托贷款业务的决议、文件或具有同等法律效力的证明。 |
| A commercial bank shall not accept any entrusted loan application from a client which is a financial assets management company or an institution engaging in the loan business. | | 商业银行不得接受委托人为金融资产管理公司和经营贷款业务机构的委托贷款业务申请。 |
| Article 8 In conducting the entrusted loan business, a commercial bank shall require a client to assume the following duties as specified in the contract. | | 第八条 商业银行受托办理委托贷款业务，应要求委托人承担以下职责，并在合同中作出明确约定。 |
| (1) The client shall independently determine the borrower of an entrusted loan, and examine the qualifications of the borrower, the loan project, the qualifications of the guarantor, and the collateral, among others. | | （一）自行确定委托贷款的借款人，并对借款人资质、贷款项目、担保人资质、抵质押物等进行审查。 |
| (2) The client shall ensure that the source of funds entrusted is in compliance with laws and regulations and the funds are at its disposal, and provides the funds to the commercial bank in a timely manner according to the contract. | | （二）确保委托资金来源合法合规且委托人有权自主支配，并按合同约定及时向商业银行提供委托资金。 |
| (3) The client shall oversee the borrower's use of loan funds as agreed in the contract, ensure that the purpose of the loan is in compliance with laws and regulations, and assume the credit risk associated with the borrower. | | （三）监督借款人按照合同约定使用贷款资金，确保贷款用途合法合规，并承担借款人的信用风险。 |
| Article 9 In examining the source of funds of a client, a commercial bank shall require the client to provide a relevant document proving the compliance of its source of funds with laws and regulations or a relevant certificate with an equal legal force, conduct necessary examination of the client's financial statements and credit records, among others, and in particular, strengthen the examination and measurement of the following: | | 第九条 商业银行审查委托人资金来源时，应要求委托人提供证明其资金来源合法合规的相关文件或具有同等法律效力的相关证明，对委托人的财务报表、信用记录等进行必要的审核，重点加强对以下内容的审查和测算： |
| (1) Whether the funds entrusted by a client exceed its normal revenue sources and financial strength. | | （一）委托人的委托资金是否超过其正常收入来源和资金实力。 |
(2) Where a client has available credit in a bank, the commercial bank shall reasonably measure the client's own funds, and use the measurement results as an important basis for granting the entrusted loan.
．．．．．． | | （二）委托人在银行有授信余额的，商业银行应合理测算委托人自有资金，并将测算情况作为发放委托贷款的重要依据。
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