首页 小额贷款规章(Small loan regulations)

小额贷款规章(Small loan regulations)

举报
开通vip

小额贷款规章(Small loan regulations)小额贷款规章(Small loan regulations) 小额贷款规章(Small loan regulations) Legal rules for the operation of small loan companies Microfinance is an effective way to solve the current financing difficulties of farmers in china. In the farmer credit market, the current mi...

小额贷款规章(Small loan regulations)
小额贷款规章(Small loan regulations) 小额贷款规章(Small loan regulations) Legal rules for the operation of small loan companies Microfinance is an effective way to solve the current financing difficulties of farmers in china. In the farmer credit market, the current micro credit companies generally face two types of risk: subjective default risk and agricultural systemic risk. Practice has proved that the Pingyao model, the subjective default risk, small loan companies will be the introduction of social capital depends on the kind of financial transactions, mortgage and save the cost function to avoid risks, specifically by standardizing the loan process, establish a strict internal control mechanism, to explore the characteristics of the loans and the implementation of membership method of control. As for the agriculture system risk, small loan companies as the best agents of the state or local financial, through financial support to achieve control of the agricultural system risk, but also according to their operation performance to obtain the corresponding compensation. I. overview of small loan companies (1) the nature of small loan companies; A small loan company is a limited liability company or Limited by Share Ltd which is established by natural persons, enterprise legal persons and other social organizations. It does not absorb public deposits and operates small loans. A small loan company is an enterprise legal person, has an independent legal person property, enjoys the property right of a legal person, and bears civil liability for all its debts with all its property. The shareholders of a small loan company shall enjoy the right to receive assets, participate in major decisions and select managers, and shall be liable to the company for the amount of the contribution they have subscribed or the shares they may subscribe for. Small loan company shall implement the financial guidelines and policies of the state, the provisions of laws and regulations within the scope of business, autonomous, self financing, self restriction, self risk, their lawful business activities are protected by law, is not interfered with by any unit or individual. (two) establishment of small loan companies; Small loan company name by administrative divisions, size, industry and organization form, which refers to the name of the administrative division at the county level administrative divisions, form of a limited liability company or Limited by Share Ltd. The shareholders of a micro loan company shall meet the quorum requirements. A limited liability company shall be funded by 50 or less shareholders; the Limited by Share Ltd shall have 2-200 promoters, of whom more than half of the promoters shall have domicile in china. The sources of the registered capital of the micro loan company shall be real, lawful and wholly paid in cash, and the capital shall be paid in full by the investor or promoter at one time. The registered capital of a limited liability company shall not be less than 5 million yuan, and the registered capital of the Limited by Share Ltd shall not be less than 10 million yuan. The shares held by a single natural person, an enterprise legal person, other social organizations and related parties shall not exceed 10% of the total registered capital of a small loan company. In applying for the establishment of a small loan company, a formal application shall be made to the competent department of the provincial government, and upon approval, the application shall be made to the local administrative department for Industry and Commerce for registration procedures and a business license shall be obtained. In addition, the relevant data shall be submitted to the local public security organs, the China Banking Regulatory Commission and the branches of the people's Bank of China within five working days. A small loan company shall have the articles of association and management system in conformity with the regulations, and shall have necessary business premises, organizations and organizations, personnel with corresponding professional knowledge and experience. The natural persons, enterprise legal persons and other social organizations that have contributed to the establishment of small loan companies shall be natural persons who intend to be directors, supervisors and senior management personnel of small loan companies, and shall have no criminal record or bad credit record. A small loan company shall pay tax registration in the local taxation department and pay all taxes and fees in accordance with the law. If a small loan company accepts deposits through approval, its deposit interest rate shall be subject to the upper limit management, which shall not exceed the same level deposit rate announced by the people's Bank of China during the same period. The loan interest rate of the small loan companies shall be lower management, and the lower limit of interest rate shall be 0.9 times of the benchmark lending rate of the same level of loans announced by the people's Bank of China during the same period. Two, thinking about the legal regulation of small loan companies in our country With the gradual deepening of the reform of the financial system, in December 2005, completely by the private capital investment, the "credit only" small loan company was set up in Pingyao, which marks the central bank "rural commercial microfinance pilot project was officially launched. Today, 7 small loan companies have been established throughout the country, among them, the first established Pingyao sunrise and Jinyuan and Thailand two small loan companies are typical representatives of this model. Pingyao, located in the central part of Shanxi Province, is a typical agricultural county. Since the reform and opening up, the rapid development of individual business in Pingyao County, but the differences between urban and rural areas, the gap between rich and poor is serious, two yuan system contradiction: on the one hand is the relatively poor rural areas need a lot of money, on the other hand is a wealthy businessman can not find a reasonable and efficient investment channels. At the end of June 2007, two small loan companies total loans of 126 million 656 thousand and 200 yuan, the cumulative recovery of loans 67 million 285 thousand and 400 yuan, to 59 million 370 thousand and 800 yuan of loans, loans 959 households, farmers loan rate of 81.875%, the "three rural" loan rate is 95.47%. The establishment of small loan companies is of great significance to build a diversified rural financial market, to solve the problem of peasant loans and to promote the development of rural economy. However, it is a challenging task for small loan companies to control credit risks in the face of high risk, high cost farmers, credit markets and the lack of effective collateral. (1) the two types of risks faced by small loan companies In recent years, Chinese scholars have made a lot of research on the rural credit market, a common conclusion is that Chinese rural credit market there are two different types of risk: the risk of agricultural system is irresistible; two is the subjective risk of default. (two) small loan companies control the risk of subjective default For the control of subjective default risk, the international successful experience is the dynamic guarantee mechanism based on the social capital of peasant households, but the applicability of this mechanism has not been proved in our country. One of the typical ideas in China is to fully tap the value of farmers' existing economic resources, and advocate the establishment of farmland financial contracts based on land mortgage to increase the availability of loans and avoid risks. However, because of the lack of effective land circulation market and reasonable pricing, it is difficult to implement the rural land financial contract. Pingyao micro credit company has been successful in this respect, and their control over credit risk has been fruitful. At the end of June 2007, two small loan companies, non-performing loan rate of 0.3%, only a sum of non-performing loans. The small loan company's control of agricultural systematic risk from the perspective of principal agent. For the control of agricultural systemic risk, many mathematical experts in China have established the risk sharing and compensation mechanism of financial support. In essence, it is the Pareto optimal pricing problem after the introduction of externalities. In order to study the best path of externality, a model of selection and evaluation of principal agent can be established. Among the many alternative agents, the agent who can best guarantee the efficiency of financial compensation is a commercial financial institution rather than a policy bank or other institution. From the practice of Pingyao, the micro credit company is an ideal choice. The small loan company as a new organization, in the formal and informal finance, can give full play to the advantages of the two, compared with the rural credit cooperatives, policy financial institutions and commercial banks is more suitable as an agent. First, the geographical advantages of micro credit companies make it have an unparalleled advantage in the use of social capital of farmers. As mentioned above, the network of kinship and geography is the main form of social capital in china. The practice in Pingyao shows that small loan companies established within the county scope can make full use of this "relationship network" to innovate business and reduce costs. The commercial banks and policy oriented financial institutions in big cities have single organizational structure, lack of subordinate networks, inadequate understanding of the borrower's information, high transaction costs and high supervision costs. Higher costs make it less incentive to carry out microfinance business for farmers. Second, the decision making mechanism of small loan companies established within the county area is flexible, and it can design suitable financial products in a timely manner according to the needs of farmers. The commercial banks and other financial institutions, including rural credit cooperatives, implement the general branch system, and the subordinate branches are only standard financial products produced by the head office, and lack the decision-making power in product innovation. In addition, there are many levels of institutional management and information channels are poor, and the national unified products are difficult to satisfy the obvious demand of farmers' credit. Third, all the small loan companies invested by private capital have established a relatively standardized corporate governance structure, which can achieve very high production efficiency. The average asset cost ratio of Pingyao micro credit company running for 18 months is less than 2%, and the NPL ratio is only 0.3%. Generally, no more than three business days from the lender's application to obtain the loan. The "quasi state" nature of the rural credit cooperatives has the property right is not clear, the management system is not smooth, loans cumbersome procedures, high operating costs, coupled with the lack of economic incentives to provide small loans on adequate, so the rural credit cooperatives in microfinance for farmers to provide the operation efficiency and not small loan companies mentioned in the same breath. (three) from the perspective of principal-agent, small loan companies realize the control of agricultural systemic risk through the support of state or local finance, and also obtain corresponding compensation according to their performance. This requires the establishment of an oversight and incentive contract between national or local government (principal) and small loan companies (agents). This contract shall include at least the following two aspects: one is a small loan company can reflect the development of observation index system of farmer credit performance; two is a small loan company can give a positive incentive to compensatory scheme. When a small loan company meets a predetermined policy objective, it can deliver on its promises. The evaluation index system of small loan company credit performance should contain the target customer arrival rate, the size and coverage of loans, asset quality, production efficiency, financial survival, earnings and capital adequacy etc.. The farmers loan rate, the "three rural" support, small loan ratio (such as fifty thousand yuan) the ratio of non-performing loans, business self-sufficiency and asset cost rate, asset return rate and profit rate should be used as the core evaluation index. From the point of the actual situation of Pingyao, the central bank is currently the main regulators of the small loan companies, these regulatory indicators easily from the reported financial statements and individual business registration form for. Of course, to accurately reflect the impact of micro credit on Farmers' production and life and the size of their externalities, we must establish a measurement evaluation model to measure the household survey data. But this has to wait until the microfinance company runs longer. As for incentive contracts, it is suggested to establish a progressive risk sharing and compensation scheme. The small loan company was founded at the beginning of may release rate control first, preferential tax policy, to make up for the high cost of capital and operating costs, as soon as possible to achieve financial sustainability, such as Pingyao small loan companies can float in the interest rate four times the benchmark interest rate of the bank. Secondly, according to the different operating performance of micro credit companies, we should provide different financing support, expand their scale of operation, increase their profit margins, and also enable wider range of farmers to obtain financial support. At present, the average annual interest rate of Pingyao small loan companies is about 19%, mainly for breeding large and individual industrial and commercial households, and the coverage is relatively limited. The future can get cheap money from a policy bank or postal savings through financial guarantee form, set up by all levels of government jointly funded the microcredit risk compensation fund, when farmers due to risk of agricultural natural disaster system, sudden and irresistible market risk of default, to compensate for the small loan company loan loss. Three, the establishment of small loan companies operating laws and regulations How to establish the legal regulation of small loan company's business is mainly summarized from the following three aspects: 1., standardize the loan process and establish strict internal control mechanism. From the pre loan investigation to the loan review committee's loan decisions are standardized, strict system to protect, to avoid emotional, personal loans. 2. adopt more flexible forms of collateral, collateral and pledge approved by loan companies than commercial banks. All kinds of rural property including farmers' housing, land, contracted management right, agricultural income right and so on can be recognized by them. 3. do not copy the international microfinance and rural credit cooperatives, but according to the characteristics of farmers' self innovation reality, summed up the practice of "pay loan", "company farmers loan", "village farmers loans" and other special loans. Specifically, the "pay loan", "company farmers loan", "village farmers loan" these different loans actually reflects the farmers have different social capital: familiar with farmers and has a steady income of civil servants, farmers and agricultural enterprises long-term cooperation, the solution of grassroots organization of farmers. When farmers are exposed to such a network, their behavior is restrained, avoiding the subjective default risk caused by adverse selection and moral hazard. Second, the collateral recognized by small loan companies is not collateral in the traditional sense. Small loan companies recognize the rights of rural land, housing, contract management and other legal protection, because they really rely on the importance of these resources to farmers. In addition, the small loan companies explore the implementation of the membership system, in fact, in the formation of a social capital credit cooperative organizations, and give full play to its credit recognition in a certain area. However, in different historical, cultural and political environment, the mechanism of social capital is different. The dynamic joint guarantee technology, which is based on the social capital of the peasant household, establishes the incentive and restraint mechanism, and does not necessarily have general applicability. This is due to the difference of different economic base with farmers in the social capital of the depth and breadth and use, especially with the development of the two or three industry in our city and in the countryside, farmers to get rich in the choice set to expand, through loans is not self operation rich farmers only choice, and facing more and more high the opportunity cost. Therefore, it is difficult to form large and universal financing needs in China as poor countries. 4., explore the implementation of membership. A small loan company in a village or an industry association selected a chairman, President of organization or association members of villagers become microfinance company members, focused on members to pay fees, according to pay agreement. When a member has the need for funds, a small loan company can obtain a preferential loan right. From the above control methods, we find that the social capital of peasant households is the core factor for the management of subjective default risk of small loan companies. Social capital is a collection of real or potential resources that are related to a network of more or less institutionalized, commonly known and recognized relationships. Roughly speaking, social capital can be understood as interpersonal and organizational relationships. In China's rural areas, the relationship network constructed by blood, geography and other factors is the main form of social capital. The introduction of social capital into financial transactions mainly has two functions: first, the function of mortgage collateral, credit relationship can be established; two, it can reduce the information costs and transaction costs of financial institutions. This just makes up for the lack of guarantee collateral and the high cost of information and transaction costs in the credit market of farmers. The management of the subjective default risk of small loan companies is full of the function of social capital. Four. Conclusion Under the present situation of rural microfinance is not only to increase the income of low income farmers, the best choice without too many inputs, is a very effective rural financial form can be extensive. To expand the scale of rural microfinance, we must solve the constraints of various factors. The most important thing is that we must eliminate the misunderstanding of private finance and recognize the rationality of the high interest rate of private lending, so as to fundamentally lift the policy restriction of promoting small loans. It is not right to ignore or strictly restrain folk finance, which can neither manage nor manage well, but should gradually standardize folk credit and incorporate it into formal financial supervision. Recognizing the legitimacy of private credit, the most important thing is to allow it to charge higher interest rates, which is the basis for small loans. The cost of small loans is relatively high, and there is a certain system risk. Microfinance provides many services that banks can not provide, such as skills training, door-to-door delivery, collection, etc.. These services are convenient for borrowers, but also increase operating costs. Moreover, since small loans are concentrated in rural areas and used in agriculture, natural disasters can easily lead to systemic risks. For the low income farmers, formal financial loans and is not expected to them, they are often the only channel borrowing usury, usury and relatively speaking, small loan interest rate is low. How to regulate the high interest rate behavior of small loans is the key. In this regard, we can draw on South Africa's usury exemption act. It is illegal for South African financial institutions to lend interest rates above 21%. However, for loans under $5000, regardless of the organization or individual, regardless of the interest rate, to the small loan management authority to register and pay a certain registration fee can be. As long as the registration is considered legitimate. As a result, formal finance can also grant loans higher than 21% interest rates. Therefore, similar measures can be adopted in China to register the small loans by the regulatory authorities. In order to reduce the burden of the payment, the centralized or regular registration can be adopted. Policy liberalization will fundamentally solve the problem of insufficient funds in rural small loans. China's private lending itself is already quite large, after the policy constraint release, rural small loan scale will increase, which in fact is the folk credit from underground to open performance, such as the establishment of more small loan companies. Once legitimacy is granted, commercial finance will inevitably attract formal finance. Because international experience and domestic experiments show that microfinance is a profitable business in itself. In addition to private funds, commercial funds should be the most important source of rural credit cooperatives. Rural credit cooperatives have special advantages in organizing small loans: first, rural credit cooperatives have a dense rural financial network. Compared with other small loan mode, credit cooperatives microfinance operation cost is low; the two is a huge savings credit cooperatives, loan funds can be raised; the three is relative to other microfinance institutions, credit cooperatives as a part of national financial system, under surveillance by regulators. Before commercial funds play a full role, policy finance as a financial fund can play a leading role. Policy banks, such as the National Development Bank, can consider entering the rural financial market, and they can also play a greater role. Besides, The financial support for agriculture and other funds can also be extended to the policy of granting small loans in rural areas, or even to the mode of small loans. On this basis, gradually increase the commercial capital participation, by enhancing the competition will enable the vast rural areas to get more financial support and lower financial costs, the microfinance model had been extended, to solve the "three rural issues" should be able to play a considerable role.
本文档为【小额贷款规章(Small loan regulations)】,请使用软件OFFICE或WPS软件打开。作品中的文字与图均可以修改和编辑, 图片更改请在作品中右键图片并更换,文字修改请直接点击文字进行修改,也可以新增和删除文档中的内容。
该文档来自用户分享,如有侵权行为请发邮件ishare@vip.sina.com联系网站客服,我们会及时删除。
[版权声明] 本站所有资料为用户分享产生,若发现您的权利被侵害,请联系客服邮件isharekefu@iask.cn,我们尽快处理。
本作品所展示的图片、画像、字体、音乐的版权可能需版权方额外授权,请谨慎使用。
网站提供的党政主题相关内容(国旗、国徽、党徽..)目的在于配合国家政策宣传,仅限个人学习分享使用,禁止用于任何广告和商用目的。
下载需要: 免费 已有0 人下载
最新资料
资料动态
专题动态
is_963767
暂无简介~
格式:doc
大小:56KB
软件:Word
页数:16
分类:生活休闲
上传时间:2018-12-11
浏览量:31