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Analysis of loans against corporate credit operational risk link

Author: WeiZuo From: www.yourpaper.net Posted: 2010-02-03 03:34:28 Read:
Abstract: credit risk, market risk, operational risk is the most important of the three major systemic risks facing commercial banks in China, commercial bank corporate credit business is also epitomizes the process of the three risk, operational risk, in recent years, With China's rapid economic development, corporate credit, operational risk cases frequent cause significant economic losses to the bank, the credit business fraud, illegal operations is serious, and how to protect against these risks, the establishment of appropriate preventive mechanism has become the commercial very urgent problems facing the bank development process. This paper will strengthen the lending operation link necessity to start, proposed to establish and strengthen the need for full-time approval of institution-building loans, to analyze the functions of job settings and prevent operational risk.
Keywords: loans against corporate credit risk
0 Introduction
Company of commercial bank credit process can be broadly divided into two types. Is divided into business acceptance, investigation and assessment of loan before the approval, issuance and post-loan five stages. Another business acceptance, investigation and assessment of credit prior review are collectively referred to as credit is divided into the loan before the loan, the loan after three stages. Is basically the same in both concept and meaning. Different types of risk faced by the various stages, the loan before the link due to business, industry, market and decide whether to grant credit or given the kind of credit, credit risk and market risk facing. Loan in link is through a series of operation enable enterprises to meet the conditions for actual credit to meet the credit requirements, thus facing major operational risk. Post-loan management aspects of the analysis of the changes in the production and operation of enterprises credit, industry changes, changes in the market in a timely manner to avoid credit risk purposes. Loan aspect is mainly part of the credit operational risk, but also guard against the risk of major aspects of the corporate credit operation.
Commercial bank lenders link more and more attention, and the establishment of the departments responsible lending links, especially in the small and medium-sized joint-stock commercial banks, specially created the loan center, responsible for operational risk prevention in the corporate credit operation.
1 to establish the significance of the lending center
Loans to establish the main purpose of the center is to prevent operational risk exists in the company's credit business, as a full-time operational risk departments, it can be more professional and more effective discovery and the exclusion of potential operational risk, to protect the safety of bank credit assets.
1.1 effectively control operational risk. The sector as an important measure to control risk source can intercept and to avoid guarantee credit conditions are not implemented, the procedures are not standardized, incomplete information or credit behavior that loans are not standardized, effectively preventing the resulting operational risk and compliance risk all kinds of information text, and can monitor the current use, the operating procedures of the effectiveness of, and in accordance with the actual situation in a targeted manner to modify the operational rules and regulations, which largely control the operational risks of the company's credit business.
1.2 full achieve separated. Loan the establishment of the center is to promote the credit business survey, review, approval, disbursement "separation", the full separation of credit assessment, so as to achieve effective mutual restraint effect. While separation of can be more effective separation of powers and responsibilities, is more conducive to the identification and division of responsibility.
1.3 is conducive to the implementation of the loan before the approval conditions. The effectiveness of the audit signed credit information, the appropriateness of self-approval of the Audit Sub-branch credit approval authority, confirmed the approval of the views of the head office and sub-branches in the loan before the requirement is to implement prerequisite for full compliance with all loan before the loan center before loans . Box center of non-approval of the unit responsible for overseeing such work, the more prominent constraints effect, is conducive to the implementation of the loan before the approval conditions.
1.4 Loans Centre establish effective preventive procedure legal risks. Lending center in the process of reviewing relevant information than the average staff pay more attention to the existence of legal risk, audit guarantee conditions, contract text more professional place, can effectively guard against legal risks. Set the legal review in lending centers, strengthen the prevention of potential legal risk in the corporate credit operation.
1.5 can effectively improve work efficiency. Loans original file by the center management, standardized operation, periodically check the file information, up-to-date, the someone special the library custodian easy access at any time, these measures are effectively improve the efficiency and accuracy.
1.6 lending center due diligence performance of their duties to reduce the unnecessary loss of credit by the banks. In the actual operation of the credit business, changes in credit risk and market risk are often not able to accurately expectations, but as long as the appropriate security procedures in the lending process, information can be effectively guaranteed, may cause the actual loss does not give banks. Seen lending operation has great significance on the company credit.
2 loans center to prevent the main operational risk
Lending center as an important sector to guard against the risk of corporate credit operations mainly from the implementation of the necessary guarantees credit conditions, the use of appropriate legal text safekeeping important documents files and prevent internal and external fraud and other starting guard against the risk of credit operations.
2.1 precautions to guarantee the conditions for the implementation of the existing operational risk in commercial bank credit process arrived, pledge or guarantee by way of security to provide an effective guarantee for the credit very common. But in recognizance to process, often occur due to non-critical review of the data, and handle the relevant procedures of handling the guarantee is invalid, the loss caused to the bank lending center is an important sector to guard against such risks.
2.1.1 guarantor does not have the main qualifications, and void the warranty as to in accordance with the Guarantee Law "stipulates that national authorities, schools, hospitals and other public welfare The purpose of the public institutions, social groups, corporate legal branches, departments, etc. not as a guarantor; addition, China's "Company Law" Article 60 provides that directors, managers, not the shareholders of the Company of the assets of the company or other personal debt to provide security. Bank credit business operation process, the selection of the guarantors is still relatively cautious, in most cases to ensure effective guarantee for the legitimate, but there are still many loan guarantor is the branch of government departments, hospitals, businesses, class Once the guarantee is found to be invalid on two-thirds or half of the guarantee in respect of the repayment of secured claims may cause lost.
2.1.2 Repeat mortgage resulting process apply for mortgage pledged non-existent under the Guarantee Law and the provisions of the Property Law, allowing the real estate and other fixed assets repeatedly pledged. Practice, due to the existing secured as mortgage collateral is not carried out the survey, while the actual the collateral pledged to the parties resulting mortgage rights are not truly implemented.
2.1.3 the guarantee invalid data or imperfect result guarantees invalid after the introduction of the new Companies Act, more and more attention of the effectiveness of the company's articles of association, in the security process, due to the scope of the guarantee, the guarantee of content or guarantees are not effective examination and approval authority for approval in accordance with the request of the Company, the warranty is void. Such as: whether the resolution issued by the board of directors / shareholders whether the guarantees provided within the range allowed by the enterprise.
2.1.4 Collateral review is not in place to cause de Paul not to verify the status of collateral before the actual loans, collateral seizure, freezing and other conditions, resulting in the lending practices that occur after the loss of effective guarantee, and cause de Paul.
2.1.5 on restructuring the credit or the implementation of the new borrowing guarantee conditions of the old credit process of restructuring credit or by the new-old credit compliance guarantee conditions around the guarantor are consistent audit.
2.2 guard against error occurred because the text of the contract risk
2.2.1 text of the contract using the wrong or use the text of the contract, the bank unfavorable terms in the actual loan process, due to the use of the text of the contract incorrect or no effective review of the contents of the text, the text of the contract, there are not conducive to the bank mentioning Terms causing the bank to suffer credit losses.
2.2.2 the contents of the contract filing a bug or error fill free to alter the contents of the contract or altered elements, in particular, such as interest rates, amount, term, the borrower , guarantors and other major elements, resulting in the resort to the legal process can not provide valid information in bank rights are not implemented.
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