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PROVISIONAL PROCEDURES FOR HANDLING OF SYNDICATED LOANS
(Promulgated by the People's Bank of China on October 7, 1997)
| | 银团贷款暂行办法
（一九九七年十月二十八日 中国人民银行发布）
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CHAPTER ONE GENERAL PROVISIONS
| | 第一章 总则
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Article 1 This set of procedures has been formulated in accordance with Article 56 of the General Rules on Loans with a view to ensuring a better role of finance in its services to enterprises, especially large and medium-sized State-owned ones, and key projects in promoting the expansion of enterprise groups and the development of economy of scale, and scattering and preventing risks from loans by standardizing operations of syndicated loans.
| | 第一条 为规范银团贷款业务，充分发挥金融整体功能，更好地为企业特别是国有大中型企业和重点项目服务，促进企业集团壮大和规模经济的发展，分散和防范贷款风险，根据《贷款通则》第五十六条的规定，制定本办法。
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Article 2 A syndicated loan is a loan given to a single borrower by an association of banks or non-banking financial institutions approved to deal in loan operations under a same loan agreement in same agreed maturity and terms.
Participants in a domestic syndicate of loans are China-funded banks and non-banking financial institutions within the Chinese territory.
| | 第二条 银团贷款是由获准经营贷款业务的多家银行或非银行金融机构，采用同一贷款协议，按商定的期限和条件向同一借款人提供资金的贷款方式。
国内银团贷款的参加者为境内中资银行和非银行金融机构。
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Article 3 The granting of a syndicated loan must be done in conformance with relevant financial laws and regulations of the State and in line with the industrial and credit policies of the State. Active supports shall be given by parties concerned in solving trans-regional, trans-sectoral, investment planning and other problems of syndicated loans.
| | 第三条 发放银团贷款必须遵守国家的有关金融法律、法规，符合国家的产业政策和信贷政策。银团贷款在涉及跨地区、跨行业和投资计划等问题时，有关方面应积极给予支持和解决。
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Article 4 Syndicated loans shall be suitable loans of long, medium or short-terms in Renminbi or foreign currencies that involve a quite big amount.
| | 第四条 银团贷款适用于符合贷款条件，数额较大的中长期贷款和短期贷款、人民币贷款和外币贷款。
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Article 5 The borrowing and lending parties of a syndicated loan must be creditable in terms of the contract. Participation of financial institutions in a syndicated loan should follow the principle of voluntary consultation, mutual benefit, and enjoying rights and interests and shouldering risks according to the proportions of their capital contribution or according to what have been agreed in the agreement.
| | 第五条 银团贷款借贷各方必须重合同、守信用。参加银团贷款的金融机构应遵循自愿协商、互惠互利，并按出资比例或按协议约定享受权益和承担风险的原则。
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Article 6 Syndicated loans shall be recorded at local branches of the People's Bank of China which shall create conditions for the formation of the loans.
| | 第六条 银团贷款要向所在地人民银行备案，人民银行要积极为银团贷款筹组创造条件。
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CHAPTER TWO PREPARATIONS FOR SYNDICATED LOANS
| | 第二章 银团贷款的筹组
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Article 7 Syndicated loans are granted mainly to large and medium-sized State-owned enterprises, enterprise groups and key construction projects listed in the State plan.
| | 第七条 银团贷款的主要对象是国有大中型企业、企业集团和列入国家计划的重点建设项目。
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Article 8 Borrowers and lenders must comply with all basic conditions and requirements on borrowers and lenders as provided for in the General Rules on Loans.
| | 第八条 银团贷款的借款人、贷款人必须符合《贷款通则》关于借款人、贷款人的各项基本条件和要求。
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Article 9 Preparation of a syndicated loan shall be proposed by the borrower or a related financial institution. After agreement by the two sides through consultation, an official entrustment in written form shall be put forward by the borrower to the related financial institution which shall invite same institution to participate for the syndicated loan on the strength of entrustment concerned.
| | 第九条 银团贷款的筹组由借款人或有关金融机构提出。双方协商同意后，借款人向有关金融机构提出正式书面委托。有关金融机构凭书面委托向同业发出组团邀请。
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Article 10 The organizer or arranger of a syndicated loan is called the lead manager, which shall in principle be acted by the main lender or the basic account bank of the borrower and usually have the largest share in the loan concerned.
| | 第十条 银团贷款的组织者或安排者称为牵头行。牵头行原则上由借款人的主要贷款行或基本帐户行担任。牵头行所占银团贷款的份额一般最大。
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Article 11 After the agreement on a syndicated loan is signed, the loan is conventionally managed by an entrusted bank which is generally assumed by the lead manager but may also be a bank selected through consultation among all members of the syndicate.
| | 第十一条 代理行是银团贷款协议签订后的贷款管理人。代理行一般由借款人的牵头行担任，也可由银团各成员行共同协商产生。
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Article 12 Financial institutions participating in a syndicated loan shall all be members of the loan. In a syndicated loan, the lead manager, the agent bank and other members are all equal in terms of civil rights and obligations.
| | 第十二条 参与银团贷款的金融机构均为银团贷款的成员行。在银团贷款中、牵头行、代理行与其它成员行均是平等的民事权利义务主体。
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Article 13 A syndicated loan project may be evaluated and examined by the lead manager or by members of the syndicate themselves with methods for the evaluation and examination being determined by members of the syndicate through consultation. When examining a loan project, members of the syndicate have the right to ask the borrower to provide materials necessary for evaluating and examining the project. The borrower is obliged to provide true, correct and necessary materials to and accept inquiry by the members. The lead manager and the agent bank are obliged to report truly the related conditions about the borrower to other members.
| | 第十三条 银团贷款项目由牵头行评审，也可由银团各成员行自行评审。采用何种评审方式由银行成员行协商确定。银团成员行在评审贷款项目时，有权要求借款人向其提供用于评估、审查项目所需的有关材料。借款人有义务如实向成员行提供贷款所需材料和接受查询。牵头行和代理行有义务如实向其它成员行通报借款人的有关情况。
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CHAPTER THREE GRANTING AND WITHDRAWAL OF SYNDICATED LOANS
| | 第三章 银团贷款的发放和收回
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Article 14 A definite amount of a syndicated loan shall be shared upon by members of the related syndicate.
．．．．．． | | 第十四条 银团贷款采取“认定总额、各成员分担”的方式办理。
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