The transition period of the Internet loan method of commercial banks extended one year, and the CBRC issued a document to strengthen supervision

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Edit | Liu Shuangxia

On July 15th, in response to the Internet loan business, the China Banking Regulatory Commission issued the "Notice on Strengthening the Management of Internet Loans Business Management of Commercial Banks" (referred to as "Notice"), and put forward six major requirements for the bank's Internet loan business: improvement The quality and efficiency of financial services, the responsibility of performing the main body of loan management, strengthening information and data management, strengthening loan fund management, regulating cooperative business management, and strengthening consumer rights protection.

In July 2020, the "Interim Measures for the Management of Internet Loans in Commercial Bank" (the "Most Strict in History" (referred to as the "Measures") began to be implemented. From the date of implementation, 2 years, that is, July 2022. Subsequently, in order to promote the implementation of the "Measures" and further regulate the behavior of Internet loan business, in February 2021, the CBRC issued the "Notice on Further Regulating the Internet Loan Business of Commercial Bank" (referred to as "Internet Loan Notice").

According to the implementation of the "Measures" and "Internet Loan Notice", commercial banks have steadily promoted the rectification of Internet loan business, and the business processes are gradually optimized and risk control capabilities have been enhanced. The cooperative loan business participated by platform companies is also standardized. However, commercial banks still have problems such as insufficient responsibility for the main body of the loan, excessive dependence on credit control links such as credit approval, loan issuance, and funding monitoring. There is still a certain gap with regulatory requirements, which is not conducive to the sustainable business development.

The "Notice" continues the "Measures" and "Internet Loan Notice". The consistent supervision principles, coordinate development and security, put forward the following requirements for commercial banks: First, fulfill the responsibility of loan management, improve the ability of Internet loan risk management and control, prevent loan management "hollow change". The second is to complete the information and data required by identity verification, pre -loan investigation, risk assessment and post -loan management, and take effective measures to verify its authenticity. The third is to take the initiative to strengthen the management of loan funds, effectively monitor the use of funds, ensure the security of loan funds, and prevent the interception and misappropriation of cooperation agencies. Fourth, the category signed a cooperation agreement and clarified the power and responsibilities of all parties. For cooperation agencies with illegal acts, restrict or refuse cooperation. Fifth, effectively protect consumers' legitimate rights and interests, fully disclose various types of information, and strictly prohibit improper collection and other behaviors. In addition, compliance management of marketing publicity behavior of cooperative institutions should be strengthened.

On July 15, the CBRC issued the "Notice" that the transition period of the Internet loan stock business of commercial banks was on June 30, 2023. During the transition period, the newly added business of commercial banks should meet the "Measures", "Internet Loan Notice" and the requirements of this notice. Trust companies, consumer finance companies, and automotive finance companies have carried out Internet loan business, with reference to implementation.

In this regard, the relevant person in charge of the Banking Regulatory Commission said that in the past two years, the repeated epidemic and economic environment and other factors have affected a certain impact on the process of rectification of the Internet loan business of commercial banks. Judging from the current situation, the Internet loan business of some commercial banks, especially the cooperative loan business, is under pressure from maturity compliance. In addition, the "Notice" also puts forward specific regulatory requirements for independent risk control.

In order to promote rectification and create better conditions, to avoid contraction effects due to business suspension, and affect the financing needs of small and micro enterprises and residents, it is necessary to make overall arrangements for the transition period. Combined with the above situation, considering factors such as the improvement of the improvement of commercial banks and cooperation agencies, business continuity, and connection with credit reporting regulations, the "Notice" sets the transition period in accordance with the principle of "new and old breaking", and the "credit business management measures" "Keep the same, that is, from the date of release to June 30, 2023; the transition period of the" Measures "has also been extended to June 30, 2023 to ensure that the Internet loan business has continued to support the real economy.

According to statistics, as of the end of 2021, the balance of Internet loans of banking financial institutions was 5.75 trillion yuan, a year -on -year increase of 21.8%. Among them, personal Internet loans and corporate mobile funds Internet loans used for production and operation increased by 68.1%and 46.3%year -on -year.

Attachment: Notice on strengthening the management of the Internet loan business of commercial banks to improve the quality and efficiency of financial services

All Bank of China Insurance Regulatory Bureau, major banks, joint -funded banks, foreign banks, and direct sales banks:

The Interim Measures for the Administration of Commercial Bank Internet Loans (the Bank of China Insurance Supervision and Administration Commission Order No. 9, 2020, hereinafter referred to as the "Measures"), "Notice of the General Office of the China Banking Regulatory Commission on further regulating the Internet loan business of commercial banks" (Bank Security "(Bank Security" Since the release of the Supervisory Office [2021], since the following referred to as "Internet Loan Notice"), the Internet loan business of commercial banks has developed smoothly, and has played a positive role in serving small and medium -sized enterprises financing and consumption of residential consumption. In order to strengthen business supervision, improve service quality, prevent financial risks, further clarify the requirements of commercial bank loan management and independent risk control requirements, standardize cooperation behaviors, and promote the healthy development of the platform for healthy development. The relevant matters are notified as follows:

1. Improve the quality and efficiency of financial services. Commercial banks should steadily promote digital transformation based on the overall management and management planning plan, based on their own positioning precision research and development of Internet loan products, increase and improve product supply, improve loan response rate, optimize loan processes, give full play to Internet loans to help market entities relieved the rescue of market entities , Reduce the positive role of corporate comprehensive financing costs, strengthen financial services for new citizens, and optimize financial support in key areas of consumption. 2. Perform the responsibility of the main body of loan management. Commercial banks should improve the risk control capacity of Internet loan, independently and effectively carry out authentication, credit approval and contract signing, strictly perform the main responsibilities of loan investigation, risk assessment, credit management, loan fund monitoring, etc. And anti -money laundering requirements to prevent loan management "hollow". If Internet loans involve cooperation with cooperation with cooperation agencies, cooperation with marketing, payment, settlement, and information technology, commercial banks shall strengthen the management of core risk control links and shall not reduce risk management and control standards due to business cooperation.

Third, strengthen information and data management. Commercial banks shall strictly implement laws and regulations and regulations of civil code, personal information protection laws and regulations, follow the principles of legal, legitimate, and necessary, and complete the information data required by identity verification, pre -loan investigation, risk assessment and post -loan management, and Take effective measures to verify its authenticity, and strengthen the protection of borrower information in terms of data use, processing, and storage. The written agreement signed by the commercial bank and the cooperation agency shall clearly stipulate the specific requirements for the relevant information submission. When cooperating with institutions providing and processing personal information, commercial banks should earnestly do a good job of security assessment of cooperation agencies. The evaluation content includes but not limited to the personal information protection compliance system, supervision mechanism, processing information specifications, and security protection measures.

4. Strengthen loan fund management. Key links such as loan capital issuance, principal and interest recovery deduction, and stop payment are independent of the bank, and the instructions are initiated by the bank. If you use autonomous payment, the funds shall be issued directly to the borrower's bank account; if the trustee pays, the commercial bank shall fulfill the trusted payment responsibility and finally pay the loan funds to the transaction object that complies with the borrower's contract. Commercial banks shall independently and complete the amount of account flow information such as loan funds, principal and interest recovery, etc., actively strengthen the management of loan funds, and take effective measures to monitor the use of loan to ensure the security of loan funds and prevent cooperation agencies from interception, gathering, and misappropriation.

5. Standardize cooperative business management. Commercial banks shall regulate the Internet loan cooperation business with third -party institutions, sign cooperation agreements on joint capital, information technology cooperation and other business categories and clarify the authority and responsibilities of all parties. Commercial banks should give full play to the positive role of helping inclusive finance, and regularly evaluate the comprehensive financing costs of cooperation to issue Internet loans. Cooperation agencies and their affiliated parties illegally collect loan funds, set up unfair and unreasonable cooperation conditions, do not provide the necessary information of loan management in accordance with laws and regulations, do not meet the quality of service charges, or violate other regulations on Internet loans, commercial banks shall restrict restrictions Or refuse to cooperate.

6. Strengthen the protection of consumer rights and interests. Commercial banks should embed the protection of consumer rights into the entire process of business, to truthfully disclose information such as the loan subject, the actual annual interest rate, and the cost of comprehensive capital of the capital to the borrowers. It is strictly forbidden to force the binding sales, improper collection, and the abuse of personal information. It shall strengthen the compliance management of marketing propaganda behaviors of cooperative institutions, and clearly stipulate relevant prohibited behavior in the cooperation agreement.

7. Foreign banking branches, trust companies, consumer finance companies, and automobile finance companies carry out Internet loan business. Refer to the implementation of the "Measures", "Internet Loan Notice" and the requirements of this notice.

8. The transition period of the Internet loan stock business of commercial banks until June 30, 2023. During the transition period, the newly added business of commercial banks should meet the "Measures", "Internet Loan Notice" and the requirements of this notice.

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