贷款通则（二）

borrower shall seek the opinion of his or its loan organizer in advance. One borrower may only have one loan organizer， and the loan organizer shall make alterations according to alterations made in a borrower's basic account.

　　A loan organizer shall not guarantee capital， but shall provide loans to a borrower in a planned manner in accordance with regulations， and provide necessary financial services such as information， advice and agency to the borrower.

　　Loan organizer systems and implementing procedures shall be stipulated elsewhere by the People's Bank of China.

　　Article 56　For syndicated loans， one lender shall be designated as the lead bank， and a syndicated loan agreement specifying the rights and obligations of each lender shall be entered into. The members of the bank syndicate shall jointly assess and examine the loan project. The lead bank shall supervise the repayment of the loan according to the specified ratio. Administration procedures for syndicated loans shall be separately stipulated by the People's Bank of China.

　　Article 57　Management of specially designated loans：

　　Wholly State-owned commercial banks shall grant and manage specially designated loans in accordance with the provisions of the State Council.

　　Administration procedures for specially designated loans shall be separately stipulated.

　　Article 58　The type， subject and scope of loans by non-banking financial institutions shall comply with the provisions of the People's Bank of China.

　　Article 59　If a lender grants a loan to another locality， or accepts deposits from another locality， it shall report such matter to the local branch of the People's Bank of China for the record.

　　Article 60　Credit funds may not be used for financial expenditures.

　　Article 61　No administrative authorities， units of enterprises or institutions at any level， economic co-operative organizations such as supply and sales co-operatives， rural co-operative foundations or other foundations may engage in financial business， such as deposit or loan business. No financing business invo

lving lending or borrowing， or lending and borrowing in a disguised form， may be handled between enterprises in violation of State provisions.

　　PART ELEVEN　PENALTIES

　　Article 62　Where a lender grants a loan in violation of the provisions regarding the administration of debt-equity ratios， the People's Bank of China shall order rectification and impose a fine， in accordance with Article 75 of the PRC， Commercial Banking Law. Where there is illegal income， such illegal income shall be confiscated， and disciplinary sanctions shall be imposed on the directly responsible personnel in charge and other directly responsible personnel， in accordance with Article 76 of the PRC， Commercial Banking Law.

　　Article 63　Where a lender grants fiduciary loans to connected parties or grants secured loans to connected parties on conditions that are more preferential that those for granting the same type of loan to other borrowers in violation of provisions， disciplinary sanctions shall be imposed in accordance with Article 74 of the PRC， Commercial Banking Law， and disciplinary sanctions shall be imposed on relevant directly responsible personnel in accordance with Article 76 of the PRC， Commercial Banking Law.

　　Article 64　Where the personnel of a lender fails to refuse forcible demands by a work unit or individual to grant a loan or provide a guarantee or security， disciplinary penalties shall be imposed in accordance with Article 85 of the PRC， Commercial Banking Law， and where losses are caused， such personnel shall bear corresponding liability for compensation.

　　Article 65　Where relevant responsible personnel of a lender violate relevant regulations of these General Provisions， disciplinary penalties and fines shall be imposed. In serious cases or in the case of repeat offences， such personnel shall be dismissed from their posts， and their qualifications for such posts shall be cancelled. Where serious economic losses are caused or where the matter constitutes another economic crime， criminal liability shall be pursued in accordance with relevant laws and regulations.

　　Article 66　Where any of the following circumstances arise with regard to a lender， the People's Bank of China shall order rectification， and where rectification is not made within the specified time， the People's Bank of China may impose a fine of between Rmb 5，000 and Rmb 10，000：

　　1. Failure to publicly announce the type， term and interest rate of a loan handled by the lender；

　　2. Failure to publicly disclose the conditions for granting a loan or the particulars required to be examined when a loan is granted； or

　　3. Failure to reply to a borrower's loan application within the specified time.

　　Article 67　Where any of the following circumstances arise with regard to a lender， the People's Bank of China shall order rectification. Where there is illegal income， such illegal income shall be confiscated and a fine of between one time and three times the amount of the illegal income shall be imposed. Where there is no illegal income， a fine of between Rmb 50，000 and Rmb 300，000 shall be imposed. Where the matter constitutes a crime， criminal liability shall be pursued in accordance with the law：

　　1. A lender advances funds for an entrusted loan in violation of provisions；

　　2. A lender grants a foreign currency loan to a natural person without the approval of the People's Bank of China； or

　　3. A lender， in violation of the provisions of the People's Bank of China， collects any additional fees other than the interest to be calculated and collected for a loan on one's own account or for a specially designated loan， or collects any additional fees other than the handling fees to be calculated and collected for an entrusted loan.

　　Article 68　Where any work unit or individual forcibly demands a bank to grant a loan or provide a guarantee or security， the directly res

ponsible personnel in charge， or other directly responsible personnel or individual shall be subject to disciplinary sanctions in accordance with Article 85 of the PRC， Commercial Banking Law. Where economic losses are caused， such personnel shall bear all or part of the compensation liability.

　　Article 69　Where a borrower uses deceptive practices to fraudulently obtain a loan， and the matter constitutes a crime， a fine shall be imposed and criminal liability shall be pursued in accordance with laws and regulations and with Article 80 of the PRC， Commercial Banking Law.

　　Article 70　Where a borrower violates the provisions of Article 45 in Part 9 of these General Provisions and deliberately uses such methods as a merger by takeover， bankruptcy or restructuring of a share system enterprise to misappropriate credit funds， such borrower shall bear corresponding liability for compensation and shall be subject to a fine in accordance with relevant laws and regulations. Where major economic losses are caused to the lender， criminal liability shall be pursued against the directly responsible personnel in accordance with relevant laws and regulations.

　　Where a borrower violates other the provisions of other articles of Part 9 of these General Provisions and causes failure of payment of a loan obligation， the lender shall cease to provide new loan funds and recover loan funds that have already been provided ahead of the term. Where losses are caused to the credit loan assets， the borrower and its personnel-in-charge or other individuals shall bear all or part of the liability for compensation. Before such liability for compensation is fulfilled， no other lenders may grant a loan to such borrower.

　　Article 71　Where any of the following circumstances arise regarding a borrower， a lender shall charge additional interest on all or part of his or its loan. Where the circumstances are particularly serious， the lender shall stop payment to the borrower of the part of the loan which he or it has not yet used， and recover all or part of the loan ahead of the term：

　　1. A borrower fails to use the loan in accordance with the purpose specified in the loan contract；

　　2. A borrower uses the loan to conduct equity investments；

　　3. A borrower uses the loan to engage in speculation in areas such as securities or futures；

　　4. A borrower that has not lawfully obtained qualifications to engage in property business uses the loan to engage in property business； or a borrower that has lawfully obtained qualifications to engage in property business uses the loan to engage in property speculation；

　　5. A borrower does not repay the loan principal with interest thereon in accordance with the provisions of the loan contract； or

　　6. A borrower diverts loan funds in order to seek illegal profit by on-lending.

　　Article 72　Where any of the following circumstances arise regarding a borrower， the lender shall order rectification. Where the circumstances are particularly serious or rectification is not made within a specified time limit， the lender shall stop payment to the borrower of the part of the loan which he or it has not yet used， and recover all or part of the loan ahead of the term：

　　1. A borrower provides the lender with false information or withholds major information such as balance sheets， profit and loss accounts， etc.；

　　2. A borrower fails to provide true information to the lender concerning the banks with which he or it has opened accounts， the account numbers， deposit balances， etc.； and

　　3. A borrower refuses to be subject to the lender's s

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