Shenzhen notified three typical cases of illegal business loans flowing into the property market
Family's new real estate will be strictly investigated within six months of lending
On March 18, the Shenzhen Banking and Insurance Regulatory Bureau and the Shenzhen Central Branch of the People’s Bank of China jointly issued the "Notice on Issues Concerning Operating Loans by Banks in the Jurisdiction", reporting three typical cases and exposing the illegal flow of operating loan funds into the real estate market. The Shenzhen branch of Ping An Bank and the Guangming branch of Shenzhen Rural Commercial Bank involved in the illegal operation were named and criticized.
The notification requires banks within the jurisdiction to further strengthen management of illegal business loans entering the property market.
Case study
The customer uses the operating loan to pay the final payment for the house purchase
The circular pointed out that recent inspections found that individual banks still have problems such as non-standard publicity and exhibition business and lax loan review.
Typical cases include Mr. Li, an employee of the Guangming Branch of Shenzhen Rural Commercial Bank, who misled clients to use operating loan funds to buy a house.
Ping An Bank Shenzhen Branch Retail Account Manager Chen cooperated with "Xiaopeng" in private to push the article "Ping An Bank Mortgage Operation Loan-Can Become a New Transfer Company" through "Xiaopeng", misleading financial consumers to borrow "shelf company" "Illegal applications for loans.
With regard to “personal arbitrage of operating loan funds flowing into the real estate market in violation of regulations,” Ping An Bank’s Shenzhen branch did not strictly review the qualifications of operating loan borrowers and failed to thoroughly check the flow of loan funds, which was criticized by name.
According to reports, Mr. Zhong, a customer of Ping An Bank’s Shenzhen branch, purchased real estate through a one-off payment on March 16, 2020. He set up a company the next day and held 100% of the shares. He will apply to Ping An Bank for just six months after holding the real estate. The Shenzhen branch applied for a housing loan business loan with a loan amount of 2.26 million yuan, and the funds were entrusted to be paid to Zhang's personal account with the Agricultural Bank.
On the same day, Zhang paid a total of 2.17 million yuan to Liu and other 16 people, of which 1,787,700 yuan was paid to Liu, which was verified to purchase the balance of a residential building on behalf of Zhong.
Shenzhen Z Real Estate Brokerage Co., Ltd. provides "one-stop" services for Zhong Mou's house purchase, business establishment, loan consultation and other links.
According to the report, in response to the above-mentioned typical cases, the Shenzhen financial authority has ordered the relevant banks to immediately rectify and recover the illegal loans within a time limit, and hold the relevant responsible personnel seriously accountable.
The circular pointed out that some bank loan reviews are not strict.
For the establishment of a company that is close to the date of purchase, the holding time is short, the company has no signs of actual business operations, there is no business flow certificate that can cover the business that matches the size of the loan, there is a short-term house purchase record, and the source of funds for the purchase of mortgaged real estate is suspicious In other circumstances, some banks failed to strictly control the loan review and did not strictly check the flow of funds.
Troubleshoot
Recovered 51.8 million yuan of suspected illegal loans in advance
According to data released by the Shenzhen Banking and Insurance Regulatory Bureau, since the launch of the special rectification of operating loans in April 2020, the bureau deployed a total of 154,000 Chinese-funded commercial banks within Shenzhen’s jurisdiction to conduct a comprehensive investigation of 154,000 operating loan businesses with a value of 177.173 billion yuan. , 6 banks were selected to conduct on-site inspections, and the inspection coverage rate was nearly 50%.
In response to the problems discovered, the bank was ordered to initiate an investigation and reform, withdraw 21 loans in advance of 51.8 million yuan in suspected violations, suspend businesses with higher risks, punished 4 institutions that violated regulations, and punished 14 persons responsible for accountability violations, and the amount of penalties A total of 5.75 million yuan.
attention
Families with newly added properties within half a year before and after the issuance will be strictly investigated
The notification requires all banks to continue to strengthen the authenticity and qualification review of operating lenders, not to grant loans to shell companies that have no actual operation and untrue operating flow, and to further strictly review the establishment of the company or the borrower with a short transfer time.
For borrowers who apply for a mortgage loan within a short period of time after the completion of the real estate transaction, strictly review the rationality of financing needs and the source of funds for the purchase of mortgaged real estate. In principle, the borrower shall hold the mortgaged real estate for no less than 6 months.
If there is a record of new real estate under the name of the borrower and his spouse within six months before and after the loan is issued, the actual use of the loan shall be further strictly examined.
In response to the problem that some illegal intermediaries in the market provide "one-stop" counterfeiting services by registering shell companies, fictitious company flow, and forging transaction contracts, etc., the notification requires all banks to be vigilant, adopt targeted identification methods, and establish interception reports When necessary, transfer relevant information on violations of laws and regulations to the public security department for collaborative investigation and punishment, effectively preventing the risk of illegal arbitrage of credit funds, and maintaining a sound financial ecology.
Expert interpretation
Strict inspection of operating loans can curb the recent irrational development of the property market
Zhang Dawei, chief analyst of Centaline Property, believes that operating loans are the main reason for this round of upswing in the property market.
"Before 2019, it is unlikely that you will use operating loans to buy a house because it is not profitable. Operating loans are generally paid back in 1-3 years, and the interest rate is much higher than mortgage loans. In this case, most people will not Using business loans to buy a house. The gain is not worth the loss." Zhang Dawei said, "But in 2020, because of special policies, the business loan cycle is getting longer and the interest rate is much lower than mortgage loans. Therefore, both home buyers and banks have moved on operating loans Lou's thoughts."
Zhang Dawei pointed out that the core reason for the inflow of business loans into the property market is the spread of mortgage loans, and it also has a lot to do with banks being both an athlete and a referee in the process of lending.
From the perspective of banks, the risk of operating loans is higher than that of mortgage loans, but the interest rate of operating loans is lower than that of mortgage loans under the policy requirements. Therefore, there has been a distorted action at the execution level of banks, which has encouraged the entry of operating loans in disguise. The property market.
Zhang Dawei believes that the recent crackdown on some short-term use of new house capital and new business registration to obtain business loans is very powerful.
The strength of this policy can certainly curb the overheating of the market, curb the irrational and unhealthy development of the property market, and return operating loans to their essence.
This group of articles / our reporter Cheng Jie