|
|
|
Several Opinions of the China Banking Regulatory Commission, the National Development and Reform Commission, and the Ministry of Industry and Information Technology on Issues concerning Financial Claims and Debts in the Resolution of Excess Capacity in the Steel and Coal Industries
[Effective]
|
|
中国银监会、发展改革委、工业和信息化部关于钢铁煤炭行业化解过剩产能金融债权债务问题的若干意见
[现行有效]
|
|
|
|
|
|
|
|
|
|
|
|
| Several Opinions of the China Banking Regulatory Commission, the National Development and Reform Commission, and the Ministry of Industry and Information Technology on Issues concerning Financial Claims and Debts in the Resolution of Excess Capacity in the Steel and Coal Industries | | 中国银监会、发展改革委、工业和信息化部关于钢铁煤炭行业化解过剩产能金融债权债务问题的若干意见 |
| (No. 51 [2016] of the China Banking Regulatory Commission) | | （银监发〔2016〕51号） |
| All local offices of the China Banking Regulatory Commission ("CBRC"); the development and reform departments, and industry and information technology departments of all provinces (autonomous regions and municipalities directly under the Central Government); all policy banks, large banks, and joint-stock banks; Postal Savings Bank of China; foreign-funded banks; financial asset management companies; and other financial institutions administered by the CBRC: | | 各银监局，各省（区、市）发展改革部门、工业和信息化部门，各政策性银行、大型银行、股份制银行，邮储银行，外资银行，金融资产管理公司，其他会管金融机构： |
| For purposes of implementing the spirit of the Opinions of the State Council on Resolving Excess Capacity in the Steel Industry for Development Out of Difficulty (No. 6 [2016], State Council), and the Opinions of the State Council on Resolving Excess Capacity in the Coal Industry for Development Out of Difficulty (No. 7 [2016], State Council), and properly dealing with the relevant financial claims and debts in the process of the resolution of excess capacity, under 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, the following opinions on issues of financial claims and debts involved in the resolution of excess capacity in the steel and coal industries are hereby offered: | | 为贯彻《国务院关于钢铁行业化解过剩产能实现脱困发展的意见》（国发〔2016〕6号）、《国务院关于煤炭行业化解过剩产能实现脱困发展的意见》（国发〔2016〕7号）精神，妥善处置化解过剩产能过程中的有关金融债权债务，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，现就钢铁煤炭行业化解过剩产能涉及金融债权债务问题提出以下意见： |
| I. Supporting steel and coal enterprises' reasonable demand for funds. Banking financial institutions shall improve their understanding of the pillar and strategic position of the steel and coal industries in the national economy, and conscientiously implement the credit policies featuring treatment in a differentiated manner, and support and control. As to steel and coal enterprises having advanced technology and equipment, and completive and demanded products, banking financial institutions shall, under the principle of controllable risks and sustainable business, continue giving credit support and shall not demand early repayment or delay in or cut off loans. | | 一、支持钢铁煤炭企业合理资金需求。银行业金融机构要提高对钢铁煤炭行业在国民经济中支柱性、战略性地位的认识，认真贯彻落实区别对待、有扶有控的信贷政策。对技术设备先进、产品有竞争力、有市场的钢铁煤炭企业，银行业金融机构应当按照风险可控、商业可持续原则，继续给予信贷支持，不得抽贷、压贷、断贷。 |
| II. Strengthening the financial support to steel and coal enterprises undergoing merger and restructuring. Steel and coal enterprises meeting prescribed conditions shall be encouraged to conduct merger, acquisition and restructuring. Banking financial institutions shall be supported in actively and steadily providing merger and acquisition loan services in the form of syndicated loans and other forms to steel and coal merger and restructuring projects which can generate integration effect under the principle of compliance with the laws and regulations, independent decision making, controllable risks and sustainable business. For a merger and restructuring enterprise satisfying the conditions for merger and acquisition loans, the maximum ratio of merger and acquisition loan to merger and acquisition price may be raised to 70%. | | 二、加大对兼并重组钢铁煤炭企业的金融支持力度。鼓励符合条件的钢铁煤炭企业开展并购重组。支持银行业金融机构按照依法合规、自主决策、风险可控、商业可持续原则，对能产生整合效应的钢铁煤炭兼并重组项目采取银团贷款等方式，积极稳妥开展并购贷款业务。对符合并购贷款条件的兼并重组企业，并购交易价款中并购贷款所占比例上限可提高至70%。 |
III. Encouraging banking financial institutions to conduct loan restructuring for steel and coal enterprises in plight which voluntarily reduce production capacity. For steel and coal enterprises which conform to the state industrial policies, voluntarily reduce production capacity, have the ability of sustainable operations, have strong ability and wish to repay debt and still demand funding at the maturity of the loans, but experience provisional difficulties in funding, banking financial institutions may, on the premise of controllable risks and sustainable business, conduct loan restructuring, adjust the structure of loans, reasonably determine the loan terms, and reduce or waiver interest according to the relevant state provisions.
．．．．．． | | 三、鼓励银行业金融机构对主动去产能的钢铁煤炭困难企业进行贷款重组。对符合国家产业政策、主动去产能、具有持续经营能力、还款能力与还款意愿强、贷款到期后仍有融资需求、但暂时存在资金困难的钢铁煤炭企业，银行业金融机构在风险可控、商业可持续原则前提下，可以进行贷款重组，调整贷款结构，合理确定贷款期限，按照国家有关规定减免利息。
．．．．．． |
|
Dear visitor, as a premium member of this database, you will get complete access to all content.Please go premium and get more.
1. To become a premium member, please call 400-810-8266 Ext. 171.
2. Binding to the account with access to this database.
3. Apply for a trial account.
4. To get instant access to a document, you can Pay Amount 【￥300.00】 for your single purchase. | |
您好：您现在要进入的是北大法宝英文库会员专区。
如您是我们英文用户可直接 登录，进入会员专区查询您所需要的信息；如您还不是我们 的英文用户；您可通过网上支付进行单篇购买，支付成功后即可立即查看本篇内容。
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail:info@chinalawinfo.com
|
| | | | | | | | |
Scan QR Code and Read on Mobile
|
|
|
|
|
|
Message: Please kindly comment on the present translation.
|
|
|
|
|
|
|
|
|
Translations are by lawinfochina.com, and we retain exclusive copyright over content
found on our website except for content we publish as authorized by respective copyright
owners or content that is publicly available from government sources.
Due to differences in language, legal systems, and culture, English translations
of Chinese law are for reference purposes only. Please use the official Chinese-language
versions as the final authority. Lawinfochina.com and its staff will not be directly
or indirectly liable for use of materials found on this website.
We welcome your comments and suggestions, which assist us in continuing to improve
the quality of our materials as we dynamically expand content.
|
|
|
|
|
|