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Risks and countermeasures of secured loans in China?
I. Potential risks

(a) the qualification, strength and procedures of the guarantor are not strictly reviewed, which makes the guarantee a mere formality and causes loan risks. First, it ignores the examination of the guarantor's subject qualification and fails to act as a guarantor in accordance with the relevant provisions of the Guarantee Law. For example, administrative departments such as offices of township asset management companies and villagers' committees or unauthorized enterprise branches cannot act as guarantors. Because the guarantor's subject qualification is illegal, it forms an invalid guarantee. The second is to ignore the review of whether the guarantor has the ability to pay off debts on his behalf, that is, whether the guarantor has economic strength. Because the guarantor has no financial guarantee ability, it has formed an unsecured burden.

(2) Mechanical chattel mortgage loan has "two highs and one small", which makes the loan have potential risks. The so-called "two highs and one small" means that the assessed value of collateral is high, the loan mortgage rate is determined to be high, and the actual compensation value of collateral is small. First, when mechanical movable property is used as loan collateral, because the borrower can't provide the original invoice at the time of purchase as the basis of the value of movable property collateral, and the credit cooperatives don't have professional or knowledgeable appraisers, the mortgagor generally entrusts a registered appraisal department for appraisal. Because the appraisal department collects the appraisal fee according to the appraisal value, the collateral is artificially overestimated, and the appraisal value is far from the market value. Second, when determining the loan mortgage rate, collateral was not set selectively according to the requirements of credit management, special equipment was distinguished from general equipment, and even chess and cards were used as collateral. The mortgage rate is too high, which is determined to be above 70% of the assessed value, and it has been mortgaged for a long time year after year, and it has not been compressed year by year with depreciation, resulting in potential risks of mortgage loans. Third, the borrower's private property is not mortgaged at the same time, which makes the loan enterprise of a limited liability company repay the loan with mechanical chattel collateral through legal procedures because it only bears limited liability after its business risk leads to the closure of the enterprise. Due to the phenomenon of "two highs" in operation, the compensation value of movable property auction or disposal is small and the loan loss is large.

(3) Traffic movable property mortgage loans are insured, and the amount of mortgage loans is not reduced year by year, resulting in loan risks. Generally speaking, it is required to go through compulsory insurance procedures for the mortgaged property and stipulate that the credit union is the first beneficiary. However, due to the failure to urge the mortgagor to handle the renewal procedures in time before the insurance expires, there is a phenomenon of insurance loss, which increases the potential credit risk. Second, the value of traffic movable property is greatly influenced by the national industrial policy, and the depreciation cycle is short and fast. Because the credit strategy of year-by-year compression is not adopted, the amount of mortgage loan does not decrease with the decrease of collateral value, resulting in loan risk. Third, the mortgagor illegally sells collateral in other places to avoid debts, which makes the credit cooperatives lose collateral and increases the loan risk.

(4) There are some problems in rural real estate mortgage loan, such as improper operation, inaccurate investigation and difficult handling, which make the mortgage loan risky. First, if the allocated land use right is used as loan collateral, according to relevant laws and regulations, the collateral value is calculated after deducting 40% of the land transfer fee, which increases the loan risk. Second, the survey on the owner of real estate mortgage loan is inaccurate, and there is no owner of real estate mortgage loan, but there is a phenomenon that * * * is "resurrected" when handling real estate according to law, which makes the mortgage loan bury potential risks. Third, only use the third party's title certificate and private seal brought by the borrower to handle the mortgage loan formalities. When the loan was sued to the court, the court ruled that the mortgage was invalid, resulting in loan losses. Fourth, it is difficult to deal with rural real estate compensation. Due to the particularity of rural conditions and the idea of "paying off once you have money", it is difficult for credit cooperatives to deal with rural real estate compensation according to law, resulting in loan risks.

(5) When the loan is pledged with certificates of deposit and other rights, the pledgor fails to sign and go through the formalities of nuclear charge, which makes the pledged loan have loan risks. First, when handling the loan procedures for third-party pledged certificates of deposit, only the third-party personal seal and certificates of deposit carried by the borrower were handled, and the pledger was not verified and signed on the spot. When the loan cannot be returned on time, the pledgor denies the pledge of the certificate of deposit, which makes the pledged loan contract lose legal protection. Second, the pledged certificate of deposit was not registered with the issuer to stop payment, and the result was reported in advance, which made the pledged certificate of deposit waste paper and caused the risk of pledged loans.

Second, the prevention suggestions

(1) Improve the guarantee procedures and reduce the risk of existing loans. First of all, we must find out the family background. Credit cooperatives should organize forces to conduct a comprehensive investigation of existing secured loans, truthfully identify the risk degree of existing loans according to the borrower's industry, loan methods and loan procedures, truly reflect the risk status of existing credit assets, and lay the foundation for formulating practical measures to resolve existing risky loans. Secondly, we should actively take measures to improve and make up for it. According to the identified loan risks, the implementation plan is formulated and gradually improved according to the principle of easy before difficult. Loans with irregular guarantee operation procedures should be filled within a time limit; Active measures should be taken to recover or replace the existing loans with illegal guarantor qualifications and no economic guarantee strength; Loans with high chattel mortgage rate and insufficient collateral value should be effectively implemented and solved by compressing or gradually increasing other guarantees. To solve the existing movable property risk loan, we can appropriately increase the land mortgage rate and pledge loan rate of urban commercial housing and reduce the amount of movable property mortgage loan according to the actual situation. Thirdly, implement the responsibility of stock risk loans and increase the assessment. For stock risk loans, it is necessary to implement the responsibility to people one by one. Credit cooperatives should increase the inspection and assessment of the progress and quality of credit cooperatives and credit responsible persons to resolve stock risk loans, implement an incentive mechanism that directly links the quality of task completion with personal income, fully mobilize the enthusiasm and creativity of credit personnel, and minimize the risk of stock loans.

(2) Standardize the loan operation and block the risk of new loans. First of all, we should improve the management of secured loans. According to the actual situation of credit cooperatives, credit cooperatives should revise and improve the management system of secured loans, plug the loopholes in the management of secured loans, further enhance the ability of risk prevention, and ensure the safety of loan assets in the system. Secondly, it is necessary to strictly implement the secured loan management system and standardize the daily loan business operation. Credit cooperatives should strengthen the review of the legality of secured loans, the adequacy of collateral value, the authenticity of pledges and the effectiveness of guarantee procedures, so that each loan business is legal and compliant. For secured loans, it is necessary to strictly examine whether the guarantor has the qualification and ability to guarantee, and the board of directors agrees that the signing of the guarantee opinion should reach the number of statutory directors as stipulated in the Company Law to ensure the authenticity of the guarantor's signature; For the mortgage loan of mechanical movable property, special equipment and general equipment should be distinguished according to the net value of movable property and the current market value, and collateral should be selectively mortgaged. General equipment mortgage rate should be controlled below 50%, and special equipment mortgage rate should be controlled below 30%. For the transportation chattel mortgage loan, the mortgagor should be urged to go through the renewal procedures in time, and the credit union should be agreed as the first beneficiary, and the depreciation and retirement years of the collateral should be reduced year by year; Real estate mortgage loans, to strictly review the ownership of housing property rights and * * * *; For pledged loans, it is necessary to go through the pledge procedures to ensure the authenticity of the pledger's signature and confirm the pledge.

(three) the implementation of effective preventive measures to avoid the potential risks of loans from limited liability companies. According to the current company law, limited liability shareholders are liable to the company to the extent of their capital contribution, and the company is liable to the company's debts with all its assets. In the practice of credit management, a limited liability company can't pursue the loan responsibility of its legal representative because of its limited liability after its business risks lead to the closure of the enterprise, resulting in losses of the enterprise, the legal representative becoming rich and the loan not being implemented. According to the survey, loans from limited liability companies have accounted for more than 50% of all loans, so we should effectively avoid the potential risks of loans from limited liability companies and minimize the risk losses of loans. The measures that can be taken are as follows: (1) implement the double insurance system. For all loans or some risky loans issued by a limited liability company, on the basis of effective mortgage guarantee procedures, the legal representative or individual shareholders will guarantee all or part of the loans, thus changing the limited liability into unlimited liability. (2) change the borrower. When issuing loans to a limited liability company, the legal representative of the limited liability company or its shareholders are the main borrowers, that is, natural person loans are used instead of company loans. By changing the borrower, the limited liability will be changed into unlimited liability, and the right of recourse for loans will be expanded. (3) Implementing private mortgage loans. When issuing loans to a limited liability company, the private house of the legal representative of the company or its shareholders should be used as collateral for the loan first, and then other loan methods should be considered, so as to enhance the management responsibility of the legal representative of the company and its shareholders and effectively reduce the creditor's rights loss of credit cooperatives.

(four) to strengthen training and education, the implementation of competition. The credit work of credit cooperatives depends on the sense of responsibility and quality of loan officers. Therefore, this is the most effective way to reduce and prevent the risk of secured loans. On the one hand, credit cooperatives should improve the political and ideological quality of credit personnel, strengthen their professional ethics education, law-abiding education and risk awareness education, so that credit personnel can truly have a sense of crisis, responsibility and mission, and improve their consciousness of implementing rules and regulations. On the other hand, trade unions should strengthen professional training and counseling for credit personnel, focusing on making credit personnel familiar with the Guarantee Law and other relevant laws and regulations, mastering the standardized operating procedures of loans and applying them to the practice of loan management, so as to improve the level of credit management. On the other hand, the competition system is implemented for loan officer positions. On the basis of insisting on certificate management and regular assessment, competition is implemented for posts, thus forcing credit personnel to use their brains diligently, find ways, do their best to do a good job and minimize loan risks. Create a loan officer management mechanism with external pressure, internal motivation and vitality.