The above definition involves two objects: investors and lending institutions. Investors, that is, fund providers, are mainly banks, insurance companies, trusts, asset management companies, finance companies, small loan companies, consumer finance companies and so on. Lending institutions are divided into licensed institutions and non-licensed institutions. According to the types of licenses, licensees can be divided into lending institutions with lending licenses and lending institutions that support credit enhancement licenses.
1. Loan is a form of credit activity in which banks or other financial institutions lend monetary funds at a certain interest rate and must return them. Loans in a broad sense refer to loans, discounts, overdrafts and other borrowing funds. Banks put concentrated money and monetary funds out in the form of loans, which can meet the needs of social expansion and reproduction and promote economic development. At the same time, banks can also obtain loan interest income and increase their own accumulation.
Second, the risk review of microfinance
The emergence of loan risk often begins at the stage of loan review. Based on the disputes in judicial practice, we can see that the risks in the loan review stage mainly appear in the following links.
(1) The loan examiner of the bank was omitted from the review content, resulting in credit risk. Loan review is a meticulous work, which requires investigators to systematically investigate and inspect the qualifications, qualifications, credit and property status of loan subjects.
(2) In practice, some commercial banks do not have due diligence, and loan examiners often only pay attention to the identification of documents, lacking due diligence, so it is difficult to identify fraud in loans and it is easy to cause credit risk.
(3) Many wrong judgments are due to the fact that banks did not listen to experts' opinions on relevant contents, or professionals made professional judgments. In the process of loan review, we should not only find out the facts, but also make professional judgments on relevant facts from legal and financial aspects. In practice, most loan review processes are not very strict and in place.
Third, the legal content of the pre-loan investigation
(1) Review the legal status of the borrower, including its legal establishment and continuous and effective existence. If it is an enterprise, it shall examine whether the borrower is legally established and whether it has the qualifications and qualifications to engage in related businesses, and check the business license and qualification certificate. Pay attention to whether the relevant certificates have passed the annual inspection or related verification.
(2) Regarding the credit standing of the borrower, check whether the registered capital of the borrower is suitable for loans; Examine whether there is a clear situation in registered capital flight; Past loans and repayments; And whether the borrower's product quality, environmental protection, tax payment and other illegal conditions may affect the repayment.