Disposal method of non-performing loans of banks: 1. Transfer it to the asset management company, and the bank will transfer the non-performing loans to the asset management company and separate the non-performing loans from the bank. 2. Judicial execution, the bank filed a lawsuit to apply for compulsory execution of the assets under the debtor's name. 3. Advance the funds to cross the bridge, and the third person contributes to help repay the loan. 4. Five-color soil loan: Five-color soil investors issue loans to debtors and supervise debtors to pay off bank loans.
1. Non-performing loans refer to overdue loans, sluggish loans and non-performing loans. Overdue loans refer to loans that cannot be repaid when the loan contract expires (including after the extension). Sluggish loans refer to loans that are overdue (including after extension) and have not been repaid, or loans that are not overdue or overdue but have terminated production and operation and stopped project construction; Non-performing loans are loans classified as non-performing loans according to relevant regulations. Non-performing loans indicate that banks will suffer risk losses. Minimizing non-performing loans is the primary goal of risk management of commercial banks. According to the General Rules for Loans (Trial) 1995 issued by the People's Bank of China on July 27th, non-performing loans can be divided into overdue loans, sluggish loans and non-performing loans. China has fully implemented the five-level loan classification system since 2002. For a long time, the credit funds of professional banks in China have been extensively operated, and non-performing loans account for a considerable proportion of the loans of professional banks. The problem of non-performing loans not only seriously restricts the transformation of specialized banks to state-owned commercial banks, but also has become a hidden danger in China's economic development, which has reached a point where it is difficult to solve. Analyzing the causes of non-performing loans is of great significance for promoting the transformation of China's banking business from extensive to intensive.
Two, refers to the borrower and guarantor declared bankruptcy in accordance with the law, after paying off, failed to pay off the loan; According to "General Principles of Civil Law of People's Republic of China (PRC)" and "General Principles of Civil Law", loans that cannot be paid off after the borrower dies or is declared missing or dead; Due to major natural disasters or accidents, the borrower is really unable to repay part or all of the loans with huge losses, or the loans that cannot be repaid after insurance settlement; The lender's proceeds from disposing the loan collateral according to law are not enough to offset the collateral; Loan projects approved for write-off by the State Council.
Third, in China's economic life, many people think that the bank's money belongs to the state, not only many people in enterprises, enterprise departments and local party and government departments think so, but also some cadres and workers of China Bank. When asked where the loans of enterprises come from, many business leaders will not hesitate to say that they are given by the state. Some leaders of state-owned enterprises even think that it doesn't matter if a state-owned enterprise borrows money from a state-owned bank, just like a person moves money from one pocket to another. Treating the assets of state-owned banks as state-owned assets and the money of state-owned banks as "public" is the ideological root of non-performing loans of banks in China.
How to deal with the bad loans that the bank can't collect? What are the rules?
Hello, I'm glad to answer your question. How to deal with the bad loans that the bank can't collect? What are the rules? There are many ways for banks to dispose of non-performing assets, and the most common ones are as follows:
I. Legal disposition
If the bank loan cannot be recovered on time, the bank will take legal measures to deal with it, take legal action, freeze and dispose of non-performing assets through litigation, and recover all or part of the non-performing loans.
Second, package transfer
Bank's disposal method of non-performing loans: packaging and transfer. Before the four major state-owned commercial banks (industry, agriculture, China and China Construction) went public, they all set up corresponding asset management companies to accept the bad assets of the four major state-owned commercial banks and make them go into battle lightly. Asset management companies are to revitalize and dispose of non-performing assets. In the course of operation, banks will package and sell them to asset management companies. The two sides reached an agreement that the bank would not sell or transfer them.
Third, write off bad debts
For non-performing loans that are really irrecoverable, the bank will turn them into bad debts according to the regulations, and apply for bad debt write-off according to different types of bad debts. For example, in legal proceedings, the bank's non-performing assets are disposed of through litigation, some loans cannot be recovered, and bad debts are written off. Packaged sales, banks package and dispose of non-performing assets, and the price is lower than the original non-performing loans. The difference forms a loss, which is transferred to bad debts for write-off.
In the process of writing off bad debts, banks should find out the responsibility, deal with the responsible managers, examiners and managers accordingly, and give administrative sanctions and fines. Different responsibilities will be handled differently, and those with serious circumstances will be dismissed.
In short, there are reasons for bad bank loans, mainly the debtor's reasons, the market reasons, the business reasons, the reasons for the withdrawal of funds and so on. , resulting in non-performing loans and losses of banks. Bank loans are allowed to have bad debts, and bad debt reserves are also accrued in advance, in order to write off bad debts. However, the write-off of non-performing loans is only an internal accounting treatment of the bank, which does not mean that the debtor does not have to pay back. The creditor's rights of the bank are still there. As long as the debtor has the ability to repay, he will pay them back. The bank will follow up the collection and try its best to recover and reduce losses.
That's my answer. I hope I can help you.
Non-performing loans are basically a headache for every bank in reality, but the occurrence of non-performing loans does not mean losses. For example, the reported balance of non-performing loans of Guiyang Rural Commercial Bank is about 654.38+0 billion yuan, and the non-performing rate is nearly 20%. One year's profit of Guiyang Rural Commercial Bank alone will cover 20 years of non-performing loans, but China Chengxin International still gives Guiyang Rural Commercial Bank an A-level rating, because non-performing loans don't necessarily mean yes. (Individuals and enterprises have similar disposal methods, so enterprises are introduced in a unified way).
Borrow the new and return the old, extend the term and reorganize.
For overdue loans, through investigation, it is confirmed that the enterprise is only in stage or temporary operational difficulties, and it is still able to repay the interest, but temporarily unable to repay the principal. Then banks will generally take the way of borrowing new loans to repay the old (issuing new loans to repay the old) or extending the repayment period (extending the repayment period) to reduce the pressure on enterprises.
For enterprises with big problems, it will be solved through restructuring, for example, another normal operating entity (such as the original guarantor) will undertake the loan. Loan restructuring requires that the borrower and guarantee method should not be weaker than the original borrower and guarantee method.
Exhibits borrowed from the exhibition
If the above methods can't solve the problem, the general bank will seal up, freeze and detain the assets under the enterprise name, and return the bank loan by transferring the funds in the enterprise bank account or auctioning the enterprise assets (of course, in reality, many enterprises' assets are mortgaged to different banks, so banks can only auction the assets mortgaged to banks). If the enterprise's account balance or auction assets are not enough to cover the total loan amount, and the business has a guarantor,
At this stage, if there is collateral, the recoverable loan principal is generally above 90% (because the collateral is mortgaged at a discount of less than 0.7%); If it is a guarantee, the loan principal that can be recovered is above 70%.
Loan transfer
Some things are difficult to deal with, such as the remote location of collateral, or the guarantor's uncooperative, paying back a little at a time and so on. If the bank doesn't want to spend too much time and energy to deal with it, it will package it and sell it to the non-performing loan collection company. After that, whether the recovered funds are higher or lower than the amount sold by the bank, it has nothing to do with the bank.
Loan cancellation
After the second and third methods, there is still a gap, such as a loan of 6.5438 billion yuan, and only 9 million yuan was recovered through the above methods. Then the remaining 6,543,800,000 yuan is indeed a non-performing loan. If the bank confirms that it cannot be recovered, the bank will write off the difference. However, it should be noted that write-off is only a way for banks to make accounts, indicating that
abstract
The solution of personal non-performing loans is the same as that of enterprises, but because the personal loan amount is relatively small, banks generally skip the first step and start directly from the non-performing collection stage. Banks are not charitable organizations, and will not accept losses easily for non-performing loans, and will take all measures to minimize the amount of losses.
Non-performing loans that banks can't collect will go through several stages, including collection, asset disposal, debt transfer and write-off. According to the nature and amount of each loan, the processing procedures and methods are also different.
Take the student loan as an example. I have an example around me. After graduation, the student loan has not been paid back. Later printed credit report showed bad debts. During this period, the faithless person entered the society and changed her contact information. The bank has been unable to contact her, so that it has not received any decent dunning. Now her life is as usual, unremarkable. In her own words, she doesn't know how to pay it back.
Let's talk about the most common mortgage loan, which has certain universality. At present, housing mortgage loan is a very high-quality loan. Once the lender begins to overdue, the bank will promptly call to remind and ask the relevant reasons. After three months overdue, the bank will negotiate with the mortgagor to sell the house to repay the debt.
At this time, some mortgagors will agree. At this time, the mortgagor still has a great say in dealing with the price of the house. If this stage is also missed, the bank will mortgagor, and the bank will win the case without any dispute. As for the selling price, we can evaluate the price offered by the company and then make a discount.
Some banks will package a group of overdue customers and sell them to asset management companies, and then asset management companies will negotiate with debtors. Whether to negotiate or go through legal procedures depends on the result of negotiation.
Loans with collateral in the market, such as private loans and mortgage loans with companies as borrowers, are generally such a process. This is also the root of Ma Yun's pawnshop thought in the domestic banking industry.
Let's talk about unsecured credit loans, such as credit cards, credit loans and tax loans. , all belong to this category. At present, the most prominent ones are credit cards and credit loans, and there are also many overdue defaults.
Once overdue, the bank or money-eliminating institution will collect the money by itself, and if the collection fails, it will be outsourced to a professional collection company. In fact, the routine is the same, that is, threats, psychological warfare, and address book explosion will make you lose face. If you are psychologically strong and survive this stage, the tripartite collection will retreat, and banks and consumer companies will collect debtors in batches through their own legal affairs. As for how to judge, it depends on the evidence.
In view of these debts, once they enter the judicial process, the creditors will apply for enforcement if they win the case after the judgment. There is an executive Committee in charge of this matter, originally called the executive court. Enforcement is to look for property clues under the debtor's name. Once found, what should be crossed out, what should be sealed, and then wait for the auction.
In short, banks have various means to collect non-performing assets, and debtors are basically passive. In fact, the proportion of personal non-performing loans to all non-performing loans is basically 9 gross. The real non-performing loans are hung everywhere, and some names are hung. The new loans are still old and covered up by revolving credit. This is the biggest non-performing loan.
How do banks deal with non-performing loans _ Bank non-performing loans treatment methods
How do banks handle non-performing loans? Non-performing loans refer to loans that have been defaulted. Generally speaking, if the borrower fails to repay the principal and interest within three months, the loan will be regarded as a non-performing loan. When banks determine that non-performing loans cannot be recovered, they should write off these loans from profits. When overdue loans cannot be recovered but have not been determined, the provision for bad debt losses shall be listed on the books.
Handling methods of non-performing loans in banks
1. Banks set up special institutions or designate special persons for collection, and intensify the write-off of non-performing assets;
2. Resolving non-performing assets of commercial banks through asset securitization;
3. Vigorously promote the reform of state-owned enterprises, rectify social credit and improve financial laws and regulations;
4. Transform the operating mechanism of commercial banks.
Handling methods of non-performing loans in commercial banks
1, transferred to asset management company. Banks transfer non-performing loans to the four major asset management companies. Creditor's rights generally need to be sold at a discount.
2. Judicial execution. Banks can enforce the assets under the debtor's name by applying. For the auction of non-performing loans, the auction price of real estate may be only 50% to 10% of the market price. The total principal and interest face a little price risk.
3. Cross the bridge with funds. The third party contributes to repay the bank loan, the original loan is settled, and the bank issues a new loan. The total monthly interest of prepaid expenses is about 5%-6%. Because investors are more risky, investors may change their minds when they get cold feet.
4. Other disposal methods. Dispose of non-performing loans through asset reorganization, bankruptcy liquidation, asset replacement, debt-to-equity swap, etc.
Measures for collection of non-performing loans
First, the implementation of responsibility collection
Strict implementation of the loan accountability system, in accordance with the "new division, the implementation of responsibility. Active measures should be taken to collect and deal with it to ensure that the absolute quantity decreases; The responsible person should make full compensation for the non-performing loans, otherwise they will be laid off, stopped and recovered within a time limit to ensure that there will be no non-performing loans formed by human factors. For those who have fulfilled their responsibilities and resumed within a time limit, they should honor the punishment measures and not delay or tolerate them. They should stop paying wages, pay compensation to laid-off workers and take legal action.
Second, implement collaborative collection.
For non-performing loans formed over the years, such as financial loans from government agencies, government intervention, collective loans from village communities, loans from enterprises and institutions, all communities should coordinate with local party committees and governments or competent departments in a timely manner, and take financial allocation, government and village community property repayment to coordinate the collection.
Third, the implementation of expropriation according to law.
For debtors, non-credit enterprises and individuals who have the ability to repay but refuse to repay, non-performing loans should be cleared through legal means according to law.
Fourth, the implementation of special collection.
Strengthen leadership, be highly responsible, and set up a special collection team.
Five, the implementation of pressure collection.
First inside and then outside, both inside and outside, do a good job in front of the door. Flexible by putting pressure on the guarantor, urging to repay the debt in kind or selling effective assets to repay the loan.
Six, the implementation of disposal and collection
Through the procuratorate and other power departments, the non-performing loans are collected by deducting and sealing up according to law.
First, the definition of bad collection
The collection of non-performing loans refers to the net recovery of principal and interest of non-performing loans in monetary funds. The collection management of non-performing loans includes collection, revitalization, preservation and debt repayment with assets. The collection and management of non-performing loans is aimed at non-performing loans with full caliber, with emphasis on dull loans and non-performing loans classified by four levels, doubtful loans and loss loans classified by five levels and their interest receivable on and off the balance sheet.
Two, how to prevent the increase of non-performing loans before the collection.
1. Strengthen the collection of non-performing loans and collect non-performing loans as much as possible.
2. Intensify the accountability of non-performing loans, so that each non-performing loan can be implemented to the people and collected within a time limit.
3. Strengthen the management of internal control system to prevent new non-performing loans.
4. Strengthen the collection of loans in the five-level classification, and monitor the normal loans that may form non-performing loans to prevent new non-performing loans.
5. Newly-issued loans should be managed in a legal and compliant manner. Resolutely put an end to collecting loans by loans and collecting interest by loans to prevent the increase of non-performing loans.
The introduction of loan disposal measures ends here.