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Notice of the General Office of the China Banking Regulatory Commission on Strengthening the Prevention and Dissolution of Risks in Loans Provided to Enterprises in a Guarantee Circle [Effective]
中国银监会办公厅关于加强企业担保圈贷款风险防范和化解工作的通知 [现行有效]
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Notice of the General Office of the China Banking Regulatory Commission on Strengthening the Prevention and Dissolution of Risks in Loans Provided to Enterprises in a Guarantee Circle

 

中国银监会办公厅关于加强企业担保圈贷款风险防范和化解工作的通知

(No. 214 [2014] of the General Office of the China Banking Regulatory Commission) (银监办发[2014]214号)

All local offices of the China Banking Regulatory Commission (“CBRC”); all policy banks, state-owned commercial banks, and joint-stock commercial banks; and Postal Savings Bank of China: 各银监局,各政策性银行、国有商业银行、股份制商业银行,邮储银行:
Recently, the substantial credit risk exposures of enterprises in a guarantee circle in some regions of China (excluding financing guarantee institutions, here and below) have brought significant risks to banks' credit assets. To effectively prevent and dissolve the risks in loans provided to enterprises in a guarantee circle, you are hereby notified of the relevant matters as follows: 近一时期,我国部分地区企业(不含融资性担保机构,下同)担保圈导致的信贷风险大量暴露,给银行信贷资产带来较大风险。为有效防范和化解企业担保圈贷款风险,现就有关事项通知如下:
I. Enhancing understanding. The common modes of guarantee in a guarantee circle include mutual guarantee, co-guarantee, and revolving guarantee, as frequently used by micro and small enterprises and county enterprises. These modes of guarantee, while enhancing enterprises' solvency level to some extent, tend to cause credit granted by multiple lenders and excessive credit, increasing the possibility of occurrence of risks and transmission of risks. Particularly during the period of economic downturn, the operational difficulties and financial crisis of some enterprises in a guarantee circle often have a domino effect: the risks quickly spread in the entire circle, and all enterprises in the circle fall in adverse situations. All banking financial institutions shall fully understand the gravity and complexity of the current issue of risks in a guarantee circle, take precautionary measures, conduct research, and take effective measures to prevent and dissolve risks, to ensure that no regional or systemic financial risks occur.   一、提高认识。担保圈常见的担保模式有互保、联保、循环保等,当前在小微企业和县域企业中较为普遍。这些担保模式在一定程度上能够增强企业偿债能力,但也容易造成多头授信和过度授信,加大风险发生和传递的可能性。特别是在经济下行周期,当担保圈中个别企业发生经营问题和财务危机时,往往产生多米诺骨牌效应,风险很快传染整个担保圈,导致圈内企业整体陷入困境。各银行业金融机构要充分认识当前担保圈风险问题的严重性和复杂性,未雨绸缪、防患未然,研究采取有效措施防范化解风险,确保不发生区域性、系统性金融风险。
II. Changing notions. All banking financial institutions shall change the practice of over-relying on mortgage, guarantee, and other secondary repayment sources in the management of bank loan risks, and take the primary repayment sources of enterprises as the primary condition for controlling credit lines and managing credit risks. The loan demand of a single corporate client must be based on true trade background, the credit line shall be assessed rationally based on the enterprise's sales volume and speed of turnover, and the assessed credit line must be covered by predicable stable cash flow. They shall strictly control the size of loans secured by mutual guarantee, co-guarantee, and revolving guarantee among enterprises, appropriately reduce the proportion of such loans, and pay attention to preventing at the source the risks caused by credit granted by multiple lenders and a chain of mutual guarantee.   二、转变观念。各银行业金融机构要改变银行贷款风险管理中过度依赖抵押、担保等第二还款来源的做法,把企业第一还款来源作为授信额度控制和贷款风险管理的首要条件。单个企业客户的贷款需求必须有真实交易背景作为支撑,根据企业销售规模与经营周转速度合理核定贷款额度,核定的贷款额度必须有可预见的稳定现金流作为覆盖。要严格控制企业间互保、联保、循环保贷款规模,适当降低互保、联保、循环保贷款比重,注重从源头上防范多头授信、连环互保风险。  
III. Strict access control. All banking financial institutions shall strengthen the access management of enterprises' mutual guarantee, co-guarantee, and revolving guarantee, prudently assess the actual guarantee capability of guarantors, and enhance the access management of guarantors. They shall conduct in-depth investigation into the affiliations between borrowers and guarantors and their capital flows, and identify the true background of co-guarantee, to prevent operational and fraud risks. They shall strictly restrict blind and excessive guarantee to prevent too long a chain of guarantee. For loans secured by co-guarantee, in principle, an enterprise's external guarantee shall not exceed its net assets; and except for farmer household guarantee loans, each enterprise may provide guarantee to no more than five clients, and the credit line extended to a single client in the co-guarantee union shall be strictly controlled.   三、严格准入。各银行业金融机构要加强对企业互保、联保、循环保业务的准入管理,审慎评估保证人的实际担保能力,加强对保证人的准入管理。要深入调查相关借款人和担保人关联关系、资金流向并甄别联保背景真实性,防范操作风险和欺诈风险。严格限制盲目担保和过度担保行为,防止担保链条过长。对联保贷款方式,企业对外担保的限额原则上不得超过其净资产;除农户担保贷款外,每家企业担保客户不超过5户,并严格控制联保体内单户贷款额度。
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