Interim Measures for Administration of Working Capital Loans

流动资金贷款管理暂行办法

 

Promulgating Institution: China Banking Regulatory Commission

Document Number: Order [2010] No. 1 of China Banking Regulatory Commission

Promulgating Date: 02/12/2010

Effective Date: 02/12/2010

 

颁布机关: 中国银行业监督管理委员会

文      号: 中国银行业监督管理委员会令2010年第1号

颁布时间: 02/12/2010

实施时间: 02/12/2010

 

Chapter One   General Provisions

    第一章  总则

  Article 1    In order to regulate the business conducts of the financial institutions in the banking industry in respect of the working capital loan business, to strengthen the prudent operations and management of the working capital loans, and to promote sound development in the working capital loan business, these Measures have been enacted in accordance with the relevant laws and regulations provided in Law of the People's Republic of China on Banking Regulation and Supervision and Law of the People's Republic of China on Commercial Banks.

       第一条  为规范银行业金融机构流动资金贷款业务经营行为,加强流动资金贷款审慎经营管理,促进流动资金贷款业务健康发展,依据《中华人民共和国银行业监督管理法》、《中华人民共和国商业银行法》等有关法律法规,制定本办法。

  Article 2   Where a financial institution (thereinafter abbreviated as a lender) in the banking industry approved by China Banking Regulatory Commission for establishment within the territory of the People's Republic of China engages in the working capital loan business, it shall comply with these Measures.

       第二条  中华人民共和国境内经中国银行业监督管理委员会批准设立的银行业金融机构(以下简称贷款人)经营流动资金贷款业务,应遵守本办法。

  Article 3   The working capital loan mentioned in these Measures refers to the local and foreign currency loan disbursed by the lender to a corporate (institution) legal entity or other organization permitted by the State's regulations to act as a borrower for the use in the day-to-day production, operation and turnover of the borrower.

       第三条  本办法所称流动资金贷款,是指贷款人向企(事)业法人或国家规定可以作为借款人的其他组织发放的用于借款人日常生产经营周转的本外币贷款。

  Article 4    A lender that carries on working capital loan business shall abide by the principles of compliance in accordance with laws, prudent management, equality and voluntariness, and fairness and integrity.

       第四条  贷款人开展流动资金贷款业务,应当遵循依法合规、审慎经营、平等自愿、公平诚信的原则。

  Article 5    The lender shall improve the internal control mechanism, implement full process management of loans, fully understand the customers' information, and establish risk management system for working capital loans as well as an effective check-and-balance mechanism for job positions. The responsibilities for each segment of the loan management shall be implemented at specific departments and job positions, at the same time, the appraisal and accountability mechanisms for every job position shall be established.

       第五条  贷款人应完善内部控制机制,实行贷款全流程管理,全面了解客户信息,建立流动资金贷款风险管理制度和有效的岗位制衡机制,将贷款管理各环节的责任落实到具体部门和岗位,并建立各岗位的考核和问责机制。

  Article 6   The lender shall make a reasonable estimate of the borrower's need for working capital and carefully determine the total credit amount and the specific credit limit for the borrower's working capital. The working capital loan disbursed shall not exceed the actual need of the borrower.

The lender shall reasonably set the business type and period of the working capital loan according to the borrower's scale of production and operation and the characteristics of the cycle so as to meet the capital need of the borrower's production and business, at the same time exercise effective control over the reflow of the loan fund.

       第六条  贷款人应合理测算借款人营运资金需求,审慎确定借款人的流动资金授信总额及具体贷款的额度,不得超过借款人的实际需求发放流动资金贷款。

    贷款人应根据借款人生产经营的规模和周期特点,合理设定流动资金贷款的业务品种和期限,以满足借款人生产经营的资金需求,实现对贷款资金回笼的有效控制。

  Article 7   The lender shall incorporate the working capital loan into a unified credit management for the borrower and the group customers located at the same place, at the same time, establish the risk limit management system based on dimensions such as district, industry, credit types, etc.

       第七条  贷款人应将流动资金贷款纳入对借款人及其所在集团客户的统一授信管理,并按区域、行业、贷款品种等维度建立风险限额管理制度。

  Article 8    The lender shall reasonably determine the evaluation indicators for internal performance based on the economic performance, developmental pattern of the industry and the effective credit need of the borrower. It shall not establish unreasonable indicators for size of loan and shall not engage in vicious competition and granting of opportunistic loans.

       第八条  贷款人应根据经济运行状况、行业发展规律和借款人的有效信贷需求等,合理确定内部绩效考核指标,不得制订不合理的贷款规模指标,不得恶性竞争和突击放贷。

  Article 9   The lender shall agree on the specific and legitimate purpose of the loan with the borrower.

Working capital loan shall not be used in investments for fixed assets, equities, etc and shall not be used in areas of production and operation, and purpose prohibited by the country.

Working capital loan shall not be embezzled. The lender shall check and supervise the usage of working capital loan according to the contractual agreement.

       第九条  贷款人应与借款人约定明确、合法的贷款用途。

    流动资金贷款不得用于固定资产、股权等投资,不得用于国家禁止生产、经营的领域和用途。

    流动资金贷款不得挪用,贷款人应按照合同约定检查、监督流动资金贷款的使用情况。

  Article 10   China Banking Regulatory Commission shall implement supervision and management over the working capital loan business according to these Measures.

       第十条  中国银行业监督管理委员会依照本办法对流动资金贷款业务实施监督管理。

Chapter Two   Handling and Investigation

    第二章  受理与调查

  Article 11    Application for working capital loan shall have the following conditions:

(1) The borrower has been established according to law;

(2) The purpose of loan is specific and legitimate;

(3) The production and operation of the borrower is legitimate and in compliance with law;

(4) The borrower has the ability to continue as a going concern and legitimate source of repayment;

(5) The borrower has good credit standing and no major adverse credit records; and

(6) Other conditions as required by the lender.

       第十一条  流动资金贷款申请应具备以下条件:

    (一)借款人依法设立;

    (二)借款用途明确、合法;

    (三)借款人生产经营合法、合规;

    (四)借款人具有持续经营能力,有合法的还款来源;

    (五)借款人信用状况良好,无重大不良信用记录;

    (六)贷款人要求的其他条件。

  Article 12   The lender shall put forth its demand for the approach and specific content of the materials for application of the working capital loan, at the same time, demand that the borrower strictly abides by the principles of honesty and trustworthiness and undertakes to provide materials which are genuine, complete and effective.

       第十二条  贷款人应对流动资金贷款申请材料的方式和具体内容提出要求,并要求借款人恪守诚实守信原则,承诺所提供材料真实、完整、有效。

  Article 13    The lender shall perform due diligence by adopting a combination of onsite and offsite approaches and produce a written report. It shall also be responsible for the authenticity, integrity and effectiveness of its content. Due diligence shall include but not be limited to the following contents:

(1) The organizational structure, corporate governance, internal control and the credit standing of the legal representatives and the management team of the borrower;

(2) The scope of operation, core business, production and management, scale of operation and major investment plans during the loan period of the borrower;

(3) The conditions of the industry that the borrower is in;

(4) The actual financial conditions of the borrower such as the accounts receivable, accounts payable, inventories, etc.

(5) The borrower's overall needs for the working capital and the existing status of the liabilities of financing nature;

(6) The related parties and related party transactions of the borrower;

(7) Specific purpose of the loan and the condition of the transacting party related to the loan purpose in employing the capital;

(8) The source of repayment including the cash flow generated from the production and operation, consolidated earnings and other legitimate income; and

(9) In respect of working capital loan that requires guarantee, there is also a need to investigate the ownership, the value, the degree of difficulty in realization of the collateral (pledge), or the eligibility and the ability of the guarantor in providing guarantee.

       第十三条  贷款人应采取现场与非现场相结合的形式履行尽职调查，形成书面报告，并对其内容的真实性、完整性和有效性负责。尽职调查包括但不限于以下内容:

    （一）借款人的组织架构、公司治理、内部控制及法定代表人和经营管理团队的资信等情况;

    （二）借款人的经营范围、核心主业、生产经营、贷款期内经营规划和重大投资计划等情况;

    （三）借款人所在行业状况;

    （四）借款人的应收账款、应付账款、存货等真实财务状况;

    （五）借款人营运资金总需求和现有融资性负债情况;

    （六）借款人关联方及关联交易等情况;

    （七）贷款具体用途及与贷款用途相关的交易对手资金占用等情况;

    （八）还款来源情况，包括生产经营产生的现金流、综合收益及其他合法收入等;

    （九）对有担保的流动资金贷款，还需调查抵（质）押物的权属、价值和变现难易程度，或保证人的保证资格和能力等情况。

Chapter Three   Risk Assessment and Approval

    第三章  风险评价与审批

  Article 14    The lender shall establish a comprehensive risk assessment mechanism and implement specific responsibilities for departments and job positions, as well as fully examine the risk factors of the working capital loan.

       第十四条  贷款人应建立完善的风险评价机制,落实具体的责任部门和岗位,全面审查流动资金贷款的风险因素。

  Article 15   The lender shall establish and improve the internal rating system and adopt scientific and rational approaches for rating and credit extension in assessing the credit rating of the customer and set up the customer's credit records.

       第十五条  贷款人应建立和完善内部评级制度,采用科学合理的评级和授信方法,评定客户信用等级,建立客户资信记录。

  Article 16   The lender shall estimate the borrower's working capital needs (refer to the Appendix on the method of estimation) based on the borrower's scale of operation, business characteristics and factors such as accounts receivable, inventories, accounts payable, capital cycle, etc; and take into consideration factors such as the borrower's cash flow, liabilities, repayment capacity, guarantee, etc to reasonably determine the loan structure including the amount, term, interest rate, guarantee and repayment method.

       第十六条  贷款人应根据借款人经营规模、业务特征及应收账款、存货、应付账款、资金循环周期等要素测算其营运资金需求(测算方法参考附件),综合考虑借款人现金流、负债、还款能力、担保等因素,合理确定贷款结构,包括金额、期限、利率、担保和还款方式等。

  Article 17   The lender shall establish a standardized evaluation system and process for working capital loan based on the principles of segregation of credit investigation and approval, and approval limit by classification so as to ensure the independence of risk assessment and credit approval.

The lender shall establish a sound internal mechanism for authorization and delegation of approval. Approving personnel shall grant loan approval within the scope of authorization in accordance with the stipulated process and shall not grant approval beyond the authority.

       第十七条  贷款人应根据贷审分离、分级审批的原则，建立规范的流动资金贷款评审制度和流程，确保风险评价和信贷审批的独立性。

    贷款人应建立健全内部审批授权与转授权机制。审批人员应在授权范围内按规定流程审批贷款，不得越权审批。

Chapter Four   Conclusion of Contract

    第四章  合同签订

  Article 18   The lender shall sign a written loan contract and other related agreements with the borrower and other relevant parties. Where guarantee is required, a guarantee contract shall be signed at the same time.

       第十八条  贷款人应和借款人及其他相关当事人签订书面借款合同及其他相关协议,需担保的应同时签订担保合同。

  Article 19    The lender shall expressly stipulate in the loan contract with the borrower terms pertaining to the amount, term, interest rate, purpose, payment, repayment method of the working capital loan.

       第十九条  贷款人应在借款合同中与借款人明确约定流动资金贷款的金额、期限、利率、用途、支付、还款方式等条款。

  Article 20   The payment clause referred to in the aforesaid Article includes but is not limited to the following contents: 

(1) Payment method for loan fund and the amount criteria for payment entrusted to the lender;

(2) Changes in the method of payment and the condition that trigger a change;

(3) Restriction and prohibited act in payment of loan fund; and

(4) The records and information pertaining to the usage of loan fund to be provided by the borrower promptly.

       第二十条  前条所指支付条款,包括但不限于以下内容:(一)贷款资金的支付方式和贷款人受托支付的金额标准;

    (二)支付方式变更及触发变更条件;

    (三)贷款资金支付的限制、禁止行为;

    (四)借款人应及时提供的贷款资金使用记录和资料。

  Article 21    The lender shall stipulate in the loan contract that the borrower undertakes the following matters;

(1) To provide true, complete and effective materials to the lender;

(2) To cooperate with the lender in carrying out loan payment management, post-loan management and relevant inspection;

(3) To obtain the consent of the lender before it carries out external investment, substantive increase in debt financing, as well as carries out significant matters such as merger and acquisition, spin-off, transfer of equities, etc.

(4) The lender has the right to recall the loan early based on the situation of the borrower in fund reflow; and

(5) To notify the lender promptly when there is an occurrence of material and adverse matter affecting the solvency.

       第二十一条  贷款人应在借款合同中约定由借款人承诺以下事项:

    (一)向贷款人提供真实、完整、有效的材料;

    (二)配合贷款人进行贷款支付管理、贷后管理及相关检查;

    (三)进行对外投资、实质性增加债务融资,以及进行合并、分立、股权转让等重大事项前征得贷款人同意;

    (四)贷款人有权根据借款人资金回笼情况提前收回贷款;

    (五)发生影响偿债能力的重大不利事项时及时通知贷款人。

  Article 22    The lender shall stipulate in the loan contract with the borrower that in the event that any of the following situations arise, the liability that is to be borne by the borrower for breach of contract and the measures that the lender may take:

(1) Where the loan is not used according to the stipulated purpose;

(2) Where the payment of loan fund is not being carried out according to the stipulated method;

(3) Where there is non-compliance of undertaking; 

(4) Where there is a breach of the financial indicator stipulated;

(5) Where significant event of cross default arises; and

(6) Other circumstances in breach of the loan contractual agreement.

       第二十二条  贷款人应与借款人在借款合同中约定，出现以下情形之一时，借款人应承担的违约责任和贷款人可采取的措施:（一）未按约定用途使用贷款的;

    （二）未按约定方式进行贷款资金支付的;

    （三）未遵守承诺事项的;

    （四）突破约定财务指标的;

    （五）发生重大交叉违约事件的;

    （六）违反借款合同约定的其他情形的。

Chapter Five   Disbursements and Payments

    第五章  发放和支付

  Article 23   The lender shall set up independent responsible departments and job positions to take responsibilities for the disbursement of working capital loans as well as the approval for payments.

       第二十三条  贷款人应设立独立的责任部门或岗位,负责流动资金贷款发放和支付审核。

  Article 24    Prior to disbursement of loan, the lender shall determine that the borrower meets the conditions for fund withdrawal as stipulated in the contract, as well as manage and control the payments of loan fund according to the methods of entrusted payments by the lender or self-payments by the borrower as stipulated in the contract.

Entrusted payments by the lender refers to the lender paying out the loan from the borrower's account to the borrower's trading partner that meets the purpose stipulated in the contract in accordance with the application for withdrawal and entrustment of payment made by the borrower.

Self-payment by the borrower refers to the lender disbursing the loan fund to the borrower's account according to the borrower's application for withdrawal, and thereafter, the borrower makes self-payment to the borrower's trading partner that meets the purpose stipulated in the contract.

       第二十四条  贷款人在发放贷款前应确认借款人满足合同约定的提款条件,并按照合同约定通过贷款人受托支付或借款人自主支付的方式对贷款资金的支付进行管理与控制,监督贷款资金按约定用途使用。

    贷款人受托支付是指贷款人根据借款人的提款申请和支付委托,将贷款通过借款人账户支付给符合合同约定用途的借款人交易对象。

    借款人自主支付是指贷款人根据借款人的提款申请将贷款资金发放至借款人账户后,由借款人自主支付给符合合同约定用途的借款人交易对象。

  Article 25    The lender shall, according to factors such as the borrower's industry characteristics, operation scale, management level and credit standing, and the business type for loan, reasonably stipulate the payment method for loan fund and the amount criteria for entrusted payment by the lender.

       第二十五条  贷款人应根据借款人的行业特征、经营规模、管理水平、信用状况等因素和贷款业务品种,合理约定贷款资金支付方式及贷款人受托支付的金额标准。

  Article 26    Where the working capital loan has one of the following situations, the method of entrusted payment by the lender shall be adopted in principle: 

(1) Credit business relationship with the borrower is newly established and the credit status of the borrower is average;

(2) The payee is specific and the amount for a single payment is relatively large; and

(3) Other situations as determined by the lender.

       第二十六条  具有以下情形之一的流动资金贷款，原则上应采用贷款人受托支付方式:

   （一）与借款人新建立信贷业务关系且借款人信用状况一般;

    （二）支付对象明确且单笔支付金额较大;

    （三）贷款人认定的其他情形。

  Article 27   Where the entrusted payment by the lender is adopted, the lender shall, according to the stipulated loan purpose, verify whether the information such as the payee listed and the payment amount provided by the borrower in the application for payment match with the corresponding documentary support such as business contract. After verification and approval, the lender shall make payment of the loan fund to the borrower's trading party through the borrower's account.

       第二十七条  采用贷款人受托支付的,贷款人应根据约定的贷款用途,审核借款人提供的支付申请所列支付对象、支付金额等信息是否与相应的商务合同等证明材料相符。审核同意后,贷款人应将贷款资金通过借款人账户支付给借款人交易对象。

  Article 28    Where the self-payment by the borrower is adopted, the lender shall, according to the agreement in loan contract, demand that the borrower renders summary report regularly on the payment status of the loan fund, and at the same time, by way of methods such as account analysis, inspection of the certificates or onsite investigation, verify whether the loan payment complies with the stipulated purpose.

       第二十八条  采用借款人自主支付的,贷款人应按借款合同约定要求借款人定期汇总报告贷款资金支付情况,并通过账户分析、凭证查验或现场调查等方式核查贷款支付是否符合约定用途。

  Article 29   During the process of loan payment, where there is a drop in the borrower's credit standing, profitability of the main business is not strong or the use of loan fund appears to be unusual, the lender shall negotiate with the borrower to add more conditions to the loan disbursement and payment, or change the loan payment method according to the contractual agreement, or stop the disbursement and payment of loan fund.

       第二十九条  贷款支付过程中，借款人信用状况下降、主营业务盈利能力不强、贷款资金使用出现异常的，贷款人应与借款人协商补充贷款发放和支付条件，或根据合同约定变更贷款支付方式、停止贷款资金的发放和支付。

Chapter Six   Post-Loan Management

    第六章  贷后管理

  Article 30   The lender shall strengthen the management after the disbursement of loan fund. In respect of the industry that the borrower belongs to and the business characteristics, it shall conduct analysis of the borrower's business, finance, credibility, payment, the number of guarantee and financing, and change in the channel through periodic and non-periodic onsite inspection and offsite monitoring; and grasp the various risk factors affecting the solvency of the borrower.

       第三十条  贷款人应加强贷款资金发放后的管理,针对借款人所属行业及经营特点,通过定期与不定期现场检查与非现场监测,分析借款人经营、财务、信用、支付、担保及融资数量和渠道变化等状况,掌握各种影响借款人偿债能力的风险因素。

  Article 31    The lender shall, through the agreement in loan contract, demand the borrower to designate a special account for fund reflow as well as provide the fund movements in this account promptly.

The lender may, according to the credit standing and financing situation of the borrower, negotiate with the borrower to sign an account management agreement and expressly agree on the management of the movements of fund reflow in the designated account. The lender shall pay attention to material amount and unusual inflow and outflow of funds, and strengthen the supervision over the fund reflow account.

       第三十一条  贷款人应通过借款合同的约定,要求借款人指定专门资金回笼账户并及时提供该账户资金进出情况。

    贷款人可根据借款人信用状况、融资情况等,与借款人协商签订账户管理协议,明确约定对指定账户回笼资金进出的管理。贷款人应关注大额及异常资金流入流出情况,加强对资金回笼账户的监控。

  Article 32   The lender shall pay active attention to significant early warning signs pertaining to the borrower's business, management, finance and flow of fund, and according to the contractual agreement, take effective measures promptly such as early recall of loan or demand for additional guarantee so as to prevent and alleviate the risk of loan.

       第三十二条  贷款人应动态关注借款人经营、管理、财务及资金流向等重大预警信号,根据合同约定及时采取提前收贷、追加担保等有效措施防范化解贷款风险。

  Article 33   The lender shall assess the loan types, limit, term and the operation of the borrower, the degree of matching the repayment capacity and use these as bases for subsequent cooperation with the borrower. Where necessary, the strategy and content for cooperation with the borrower shall be adjusted promptly.

       第三十三条  贷款人应评估贷款品种、额度、期限与借款人经营状况、还款能力的匹配程度,作为与借款人后续合作的依据,必要时及时调整与借款人合作的策略和内容。

  Article 34    The lender shall, according to the laws, rules and regulations and the agreement in the loan contract, participate in the activities of the borrower such as large sum financing, disposal of assets, as well as merger, spin-off, shareholding reform and liquidation; and safeguard the lender's claim. 

       第三十四条  贷款人应根据法律法规规定和借款合同的约定,参与借款人大额融资、资产出售以及兼并、分立、股份制改造、破产清算等活动,维护贷款人债权。

  Article 35   Where the term of the working capital loan needs to be extended, the lender shall review the reasons behind the change in the conversion cycle of the assets to which the loan correspond and the actual needs, and make a decision on whether to grant an extension of time, at the same time, reasonably determine the term of loan extension and strengthen the subsequent management of the extended loan.

       第三十五条  流动资金贷款需要展期的,贷款人应审查贷款所对应的资产转换周期的变化原因和实际需要,决定是否展期,并合理确定贷款展期期限,加强对展期贷款的后续管理。

  Article 36    Where the working capital loan becomes non-performing, the lender shall carry out special management and promptly formulate a collection and disposal plan. Where the borrower is truly unable to repay the loan principal and interest on schedule due to a temporary operating hardship, the lender may negotiate a restructuring with the borrower.

       第三十六条  流动资金贷款形成不良的,贷款人应对其进行专门管理,及时制定清收处置方案。对借款人确因暂时经营困难不能按期归还贷款本息的,贷款人可与其协商重组。

  Article 37   In respect of non-performing loan that is definitely not recoverable, after the lender verifies and writes off the loan according to the relevant provisions, it shall continue to seek recourse from the borrower or carry out market-oriented disposition.

       第三十七条  对确实无法收回的不良贷款，贷款人按照相关规定对贷款进行核销后，应继续向债务人追索或进行市场化处置。

Chapter Seven   Legal Liabilities

    第七章  法律责任

  Article 38   Where the lender violates the provisions in these Measures in the course of conducting the working capital loan business, the China Banking Regulatory Commission shall order for correction within a time limit. Where the lender has one of the following situations, the China Banking Regulatory Commission may take the regulatory measures as provided under Article 37 of Law of the People's Republic of China on Banking Regulation and Supervision:

(1) Where there are deficiencies in the business process for working capital loan;

(2) Where the responsibilities for various segments of the loan management have not been implemented in specific departments and job positions; 

(3) Where due diligence is not performed in respect of loan investigation, risk assessment and post-loan management; and

(4) Where the borrower's act of breaching the contractual agreement should have been discovered but is not discovered, or although it has been discovered, effective measure is not taken promptly.

       第三十八条  贷款人违反本办法规定经营流动资金贷款业务的，中国银行业监督管理委员会应当责令其限期改正。贷款人有下列情形之一的，中国银行业监督管理委员会可采取《中华人民共和国银行业监督管理法》第三十七条规定的监管措施:

   （一）流动资金贷款业务流程有缺陷的;

    （二）未将贷款管理各环节的责任落实到具体部门和岗位的;

    （三）贷款调查、风险评价、贷后管理未尽职的;

    （四）对借款人违反合同约定的行为应发现而未发现，或虽发现但未及时采取有效措施的。

  Article 39    Where the lender has any one of the following situations, besides taking regulatory measures according to Article 38 of these Measures, the China Banking Regulatory Commission may also carry out punishment according to Article 46 and Article 48 of Law of the People's Republic of China on Banking Regulation and Supervision:

(1) Where loan has been disbursed by lowering the credit conditions or the loan has exceeded the actual capital need of the borrower;

(2) Where loan contract has not been concluded in accordance with the provisions in these Measures;

(3) Where it colludes with the borrower in disbursing loan unlawfully;

(4) Where it does not interfere when the borrower uses the working capital loan in fixed assets investment, equity investment, as well as in areas of production and business, and purpose prohibited by the State;

(5) Where it has exceeded its authority or exceeded its authority in disguise in approving the loan;

(6) It has not carried out management and control over the payment of loan fund according to the provisions in these Measures; and

(7) Other situations of serious violation the rules pertaining to prudent operation as provided in these Measures.

       第三十九条  贷款人有下列情形之一的，中国银行业监督管理委员会除按本办法第三十八条采取监管措施外，还可根据《中华人民共和国银行业监督管理法》第四十六条、第四十八条对其进行处罚:

   （一）以降低信贷条件或超过借款人实际资金需求发放贷款的;

    （二）未按本办法规定签订借款合同的;

    （三）与借款人串通违规发放贷款的;

    （四）放任借款人将流动资金贷款用于固定资产投资、股权投资以及国家禁止生产、经营的领域和用途的;

    （五）超越或变相超越权限审批贷款的;

    （六）未按本办法规定进行贷款资金支付管理与控制的;

    （七）严重违反本办法规定的审慎经营规则的其他情形的。

Chapter Eight Supplementary Articles

    第八章  附则

  Article 40    The lender shall establish the management of working capital loans and implement the rules and operating procedures according to these Measures.

       第四十条  贷款人应依据本办法制定流动资金贷款管理实施细则及操作规程。

  Article 41   The China Banking Regulatory Commission shall be responsible for interpretation of these Measures.

       第四十一条  本办法由中国银行业监督管理委员会负责解释。

  Article 42   These Measures shall take effect from the date of promulgation.

       第四十二条  本办法自发布之日起施行。