贷款通则（二）

　　Article 35　Registration of bad loans：

　　Data on bad loans shall be provided by the accounting and credit departments. The auditing department shall be responsible for verification of the data and， in line with the stipulated limits of its authority， for confirmation of the loans as bad loans. The lender shall fill in and submit a quarterly statement on bad loans. At the same time as the statement is submitted to the superior bank， such statement shall also be submitted to the local branches of the People's Bank of China.

　　Article 36　Inspection of bad loans：

　　The dead loans， idle loans and overdue loans of a lender may not exceed the percentages stipulated by the People's Bank of China. The lender shall give relevant instructions to its branch organizations on the relevant quotas for dead loans， idle loans and overdue loans.

　　Article 37　Calling in bad loans and writing off dead loans：

　　The credit department shall be responsible for calling in bad loans and the auditing department shall be responsible for inspection of calling in bad loans. The lender shall make allocations to a reserve for bad debts in accordance with relevant provisions of the State， and shall write off dead loans in accordance with the conditions and procedures for writing off dead loans.

　　Without the approval of the State Council， a lender may not cancel loans. Except with the approval of the State Council， no work unit or individual may forcibly demand a lender to cancel a loan.

　　PART EIGHT　RESPONSIBILITY SYSTEM FOR THE ADMINISTRATION OF LOANS

　　Article 38　Bank presidents （hereafter referring to managers or supervisors） shall be responsible for the administration of loans.

　　Loans shall be subject to administration at different levels and bank presidents at different levels shall be fully responsible for the granting and recovery of loans within the scope of their authorization. A bank president may authorize a deputy bank president or loan administration department to take responsibility for examining and approving loans. The deputy bank president or responsible person of the loan administration department shall be accountable to the bank president.

　　Article 39　The organizations of a lender at each level shall establish a Loan Examination Committee （Team） in which the bank president or deputy bank president （hereafter referring to managers or supervisors） and the responsible persons of the relevant departments shall participate， which shall be responsible for the examination of loans.

　　Article 40　Establishment of separate systems for the examination and approval of loans：

　　The loan investigation and appraisal personnel shall be responsible for the investigation and appraisal of loans and be liable for erroneous investigation and appraisals. The loan investigation and appraisal personnel shall be responsible for examining loan risks and be liable for mistakes in examination. The loan provision personnel shall be responsible for the inspection and full recovery of loans， and shall be liable for mistakes in inspection and slackness in the full recovery of loans.

　　Article 41　Establishment of a system for examination and approval of loans at different levels：

　　Lenders shall determine the limits of the examination and approval authority of their branches at each level in accordance with their business volume， standard of administration and the loan risk factor， and shall report loans beyond their examination and approval authority to a higher level for examination and approval. The branches at each level shall determine the risk factor of each loan in accordance with the circumstances， such as the type of loan， the credit rating of the borrower， the mortgaged property， the pledged item and the guarantor.

　　Article 42　Establishment and improvement of a system of personal responsibility for credit work：

　　Th

e loan administration departments at each level shall assign responsibility for detailed management of loans to the departments， positions and individuals， and shall strictly define the duties of the credit personnel at each level.

　　Article 43　The lender shall establish an in-house credit personnel system at factories for borrowers of large sums of money.

　　Article 44　Establishment of an auditing system for vacated posts：

　　When loan administration personnel vacate their original posts， an audit shall be conducted concerning the loan risk situation of all loans granted during such tenure of office and within the limits of authority of such personnel.

　　PART NINE　ADMINISTRATION OF THE PRESERVATION OF LOANS CLAIMS AND THE REPAYMENT OF LOAN OBLIGATIONS

　　Article 45　A borrower may not violate the provisions of the law and use a merger， bankruptcy or restructuring of a share system enterprise to channel and evade bank claims and misappropriate credit funds. A lender may not use contracting or leasing arrangements to channel and evade the lender's credit supervision or the obligation to repay the principal and interest thereon of a loan.

　　Article 46　The lender has the right to participate in the debt restructuring of a borrower in the process of a merger， bankruptcy or restructuring of a share system enterprise， and shall require the borrower to fulfil repayment of loan principal and interest matters.

　　Article 47　A lender shall require a borrower that is to contract or lease out his or its business to specify fulfilment of repayment liability for the original loan obligation in the contracting or leasing contract.

　　Article 48　A lender shall require a borrower that is to undergo a share system restructuring to establish a new loan contract to specify the repayment liability for the original loan obligation.

　　The lender shall require that， the company that results from a borrower who is undergoing a complete share system restructuring， once restructured， becomes fully liable for the owed obligation. For a borrower undergoing partial share system restructuring， the lender shall require the share structure company that results from the restructuring to bear liability for the original loan based on the proportion of the capital funds or assets of the borrower that such enterprise holds.

　　Article 49　A lender shall require a borrower that is to engage in a joint operation that results in the formation of a new enterprise legal person， to transfer fulfilment of the loan obligation to the new enterprise legal person in proportion to the capital funds or assets of the borrower to be held by such enterprise.

　　Article 50　A lender shall require a borrower that is to be merged （merged by takeover） to repay the loan obligation or provide corresponding security before merger （merger by takeover）。

　　If a borrower does not repay the loan obligation or provide corresponding security， the lender shall require the enterprise merging （merging by takeover） or the new enterprise arising from a merger to bear responsibility for repayment of the loan owed by the original borrower， and shall establish a relevant new contract or agreement.

　　Article 51　A lender shall require a borrower that is to set up an equity （co-operative） joint venture with a foreign partner to continue to be liable for repaying the loan obligations taken out prior to the establishment of such equity （co-operative） joint venture， and shall require all proceeds obtained to be applied first to the repayment of the loan. A borrower that wishes to use property already mortgaged or pledged for a loan to set up an equity （co-operative） joint venture with a foreign partner must seek the consent of the lender.

　　Article 52　A lender shall require a borrower that is to undergo demerger to repay the loan obligation or provide corresponding security before demerger.

　　Where

a borrower does not repay the loan obligation or provide corresponding security， the lender shall require each enterprise resulting from the demerger to be liable for repayment of the loan owed by the original borrower in proportion to the capital or assets held at the time of demerger， or as agreed. Where a borrower establishes a subsidiary， the lender shall require such subsidiary to bear and repay the corresponding loan obligation of the parent company in proportion to the capital or assets received.

　　Article 53　A lender shall require a borrower that is to assign property rights for compensation or apply for dissolution to fulfil repayment of loan obligations prior to assignment of property rights for compensation or dissolution.

　　Article 54　A lender shall participate， in accordance with relevant laws， in the determination of a bankrupt borrower's property and the disposal of his or its claims and obligations. For loan claims which a bankrupt borrower has already secured with a mortgage or pledge of property or otherwise， the lender shall enjoy receipt of repayment on a priority basis， in accordance with the law. Repayment of loan claims not secured by property shall be obtained in accordance with the statutory procedures and ratios.

　　PART TEN　SPECIAL PROVISIONS FOR THE ADMINISTRATION OF LOANS

　　Article 55　Establishment of loan organizers systems：

　　A borrower shall establish a loan organizer relationship with the lender with which he or it has opened his or its basic account， in accordance with the provisions of the People's Bank of China.

　　Where a borrower is to undergo a major economic activity involving the usage or security of credit funds， such as enterprise demerger， restructuring of a share system enterprise or construction of a major project， such

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