Kunming promotes the "two rights" mortgage loan

A few days ago, the "Implementation Plan for the Implementation Plan for Rural Contractive Land and Agricultural Facilities (Trial)" (hereinafter referred to as the "Plan") was issued. The "Plan" clearly states that Kunming will explore the establishment of rural contracted land management rights and agricultural facilities (hereinafter referred to as "two rights") mortgage loans, risk prevention mechanisms and mortgages during the two years (2022 to 2024). The asset disposal mechanism, etc., provides strong financial support for the large -scale urban agricultural agriculture of the high -level highland.

Who can get a loan?

Applicable multiple business entities

The "two rights" mortgage loan refers to the use of rural contracting land operation rights and agricultural facilities as the main mortgage guarantee. The cooperative banking financial institutions will issue loans Inside the financing needs of agricultural production and operation.

The "Plan" encourages the city's banking financial institutions to actively provide "two rights" mortgage loan financial products. In order to control financial risks, the applicable subjects are large and medium -sized enterprises, small enterprises and other agricultural business entities such as marketization, professionalization, scale, and intensive intensives, as well as village (community) stock economic cooperatives. It is clear and obtained by obtaining legal permits, legitimate procedures, relevant costs, relevant costs have been paid, no ownership disputes, and the remaining business period should be longer than 5 conditions for the loan period.

The "two rights" property rights and certificate registration agencies and certification agencies are all agricultural and rural administrative departments in each county (city) district. To handle the confirmation of the right to operating rights in rural areas, it is necessary to obtain a legal circulation method, and the transfer period of land operation rights is more than 5 years (inclusive). The ownership of the agricultural facilities will form a joint review team by the relevant departments of the local area and review and agree.

How to mortgage?

Establish a value evaluation system

The "Plan" clearly states that the contractor can use the land operation right of the contracting land to financing financial institutions and filed with the contractor. Through the land operation right obtained by the transfer, the contractor's written consent and filing with the contractor can raise funds to financial institutions.

It should be noted that the "two rights" mortgage registration department is a qualified property rights trading institution. After signing the mortgage contract, the corresponding "mortgage registration certificate for rural land transfer management rights" and "agricultural facilities ownership mortgage registration certificate" will be issued to the mortgagor. "And registered in the agricultural and rural administrative departments where the local agricultural and rural areas are located.

During the trial period of the "Plan", Kunming will explore the establishment of a unified "two rights" mortgage loan value evaluation system in the city and cultivate a market -oriented professional evaluation agency. Encourage the government guidance price of mortgage assets such as land management rights and agricultural facilities for the agricultural and rural bureaus of all counties (cities) are encouraged as a reference for evaluation. Cooperation banks can use external evaluation, internal assessment, agreement price and other methods to reasonably determine mortgage loans.

In terms of property rights transfer transactions, Kunming will establish and improve rural property rights trading platforms, and carry out rural property rights trading services such as rural contracting land operation rights and agricultural facilities mortgage loans; ; Actively do a good job of rural property rights transactions and promote the openness, standardization and informationization of rural property rights transactions.

How to control risks?

Clear the principal and interest before cancel the principal and interest

The "Plan" clearly states that after the "two rights" mortgage registration, regardless of whether the registered main creditor's rights expire, the registration procedures must be completed, and the borrower must first pay off the principal and interest of all loans, and after confirming that the mortgagee is confirmed, the application shall be issued. The written materials for cancellation of mortgage registration, the mortgagee submits an application to the original registration authority, and the original registration authority shall go through the procedures for canceling the mortgage to cancel the registration procedures. If the property rights of agricultural facilities have set mortgage rights, they shall not apply to banks other than mortgagers for second mortgage loans during the mortgage period.

The "Plan" clearly states that after the loan expires, the borrower has not settled the debt or the parties agreed in the parties to achieve the mortgage right. The cooperative bank can deal with the mortgaged rural contracting land operation rights through legal channels such as re -circulation; The auction, selling mortgage and other legal channels, deal with the mortgaged agricultural facilities property rights, and the income price shall be prioritized by banks to enjoy the right to compensate in accordance with the law. Rural contracting land owners enjoy the right to use and give priority to purchase rights under the same conditions.

If there is a dispute between the two parties of the "two rights" mortgage, if the mediation organization can be resolved, and the rural land contract management rights may be infringed, they may apply for arbitration from the Rural Land Contracting Arbitration Commission or a lawsuit with the people's court. When dealing with specific disputes, the local government should give necessary support and cooperation.

Relevant departments of the county (city) district government and municipal level will actively coordinate and guide financial institutions to open branches in rural areas, set up service outlets, and combine the "two rights" mortgage loan business to implement agricultural guarantee, agricultural insurance, credit and guarantee combination Financial services such as bank insurance interactive financing.

Kunming Daily All Media Reporter: Liao Xingyang

Editor in charge: Zhao Lingna

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