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People’s Bank of China, Lending General Provisions
PART ONE : GENERAL PROVISIONS
Article 1 These General Provisions are formulated in accordance with the PRC, People’s Bank of China Law and the PRC, Commercial Banking Law and other relevant laws and regulations in order to regulate lending activities, safeguard the lawful rights and interests of lenders and borrowers, guarantee the safety of credit loan assets, enhance the overall benefit of loan usage and promote the continued development of the socialist economy.
Article 2 The term “lenders” in these General Provisions shall refer to Chinese-invested financial organizations engaged in the lending business that were lawfully established inside the People’s Republic of China.
The term “borrowers” in these General Provisions shall refer to legal persons, other economic organizations, individual industrialists or merchants or natural persons that obtain loans from a Chinese-invested financial organization engaged in the lending business.
The term “loans” in these General Provisions shall refer to monetary funds that a lender provides to a borrower and the principal of which is to be repaid, and interest on which is to be repaid at an agreed rate and within an agreed time limit.
The term “loan currency” in these General Provisions shall include Renminbi and foreign currency.
Article 3 The granting and use of a loan shall conform to the laws and administrative regulations of the State and the administrative rules and regulations promulgated by the People’s Bank of China, and shall respect the principles of beneficiality, security and liquidity.
Article 4 Lending and borrowing activities between a borrower and a lender shall abide by the principle of equality, voluntariness, fairness and honesty and trustworthiness.
Article 5 In the development of lending business, lenders shall abide by the principle of fair competition and close co-operation, and may not engage in unfair competition.
Article 6
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