中国银行对外商投资企业贷款办法_法律英语

中国银行对外商投资企业贷款办法

文章来源：文章作者：发布时间：2007-04-18 00:47 字体： [大中小]　进入论坛

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（Approved by the State Council on April 7， 1987 and promulgated¹ by the Bank of China on April 24， 1987）
颁布日期：19870424 　实施日期：19870424 　颁布单位：中国银行

　　Article 1 These Measures are formulated² for the purpose of supporting the production and business activities of enterprises with foreign investment， expanding the economic and technological³ co-operation with foreign countries， and facilitating and promoting the development of national economy.

　　Article 2 The Bank of China shall， in accordance with the State policies and on the basis of the principles of ensuring safety and benefit and providing services， grant loans to enterprises with foreign investment that need funds for their construction projects and production and business operations， with the priority to those product-for-export enterprises and advanced technology enterprises which enjoy good economic returns.

　　Article 3 Enterprises with foreign investment， i.e. Chinese-foreign equity⁴ joint⁵ ventures and Chinese-foreign contractual joint ventures， and foreign- capital enterprises （hereinafter referred to as “enterprises”） that qualify for obtaining loans as prescribed in Article 7 of these Measures may apply to the Bank of China for loans.

　　Article 4 The Bank of China must， when providing loans， sign a loan agreement with the borrower and strengthen the management of its loans.

　　Article 5 The Bank of China shall grant the following loans to the enterprises：

　　1. Fixed⁶ assets loans to be used for covering the expenses for the construction， the purchase of technology and equipment， and the installation of the equipment incurred⁷ by capital construction projects and technical innovation projects. The loans shall be divided into the following forms：

　　（1） medium and short-term loans；

　　（2） buyer's credit；

　　（3） syndicate loans；

　　（4） project loans.

　　2. Working capital loans to be used as funds needed in the enterprises' production and circulation of commodities and in their normal business operations. The loan shall be divided into the following forms：

　　（1） production reserves and operating loans；

　　（2） incidental loans；

　　（3） current deposit overdraft⁸.

　　3. Loans on spot exchange mortgage to be granted by the Bank of China in accordance with the provisions of the Interim⁹ Measures Concerning the Renminbi with Foreign Investment promulgated by the People's Bank of China.

　　4. Stand-by loans to be granted by the Bank of China upon examination and approval of the application submitted by an enterprise， and be put by and used for future special purposes as specified¹⁰ in the application.

　　Article 6 The currencies in respect of loans shall be divided into domestic currency and foreign currencies. The domestic currency refers to Renminbi and foreign currencies shall include U.S. Dollars， British Sterling¹¹ Pounds， Japanese Yens， Hong Kong Dollars， Federal German Marks， and other convertible¹² currencies accepted by the Bank of China.

　　Article 7 Any enterprise with foreign investment that applies for loans shall satisfy the following precondition：

　　1. The applying enterprise has obtained a business licence issued by a Chinese administrative¹³ department for industry and commerce and has opened an account with the Bank of China.

　　2. The registered capital of the applying enterprise has been fully¹⁴ paid in within the prescribed period of time and has been increased in accordance with the law.

　　3. The board of directors of the applying enterprise has made the decision on the borrowing and has issued the letter of authorization¹⁵.

　　4. The programme of investment in fixed assets of the applying enterprise has been approved by a planning department.

　　5. The applying enterprise has the ability to repay the loan and has provided the reliable guarantee for repaying the principal and interest.

　　Article 8 The term of a loan shall commence from the day on which the loan contract goes into effect and terminate on the day on which the principal， the interest， and all other relevant fees have been paid in full as stipulated¹⁶ by the contract.

　　Article 9 The term for a fixed assets loan shall not exceed 7 years. The term of a loan for a particular project of a special type may， subject to the approval of the Bank of China， be properly extended， but such extension shall not exceed the time which is one year prior to the termination of business of the enterprise as prescribed by the business licence of the enterprise.

　　Article 10 The term of a working capital loan shall not exceed 12 months.

　　Article 11 The interest rates of loans in Renminbi shall be calculated in accordance with the interest rates of loans granted to State-owned enterprises as determined¹⁷ by the People's Bank of China.

　　The interest rates of loans in foreign currencies shall be calculated in accordance with the integrated interest rates set by the Head Office of the Bank of China； it may also be determined through consultation¹⁸ between the lender and the borrower in the light of the interest rates in the international market. The interest rates with respect to foreign buyer's credit and other credits shall be determined on the basis of the agreed rates plus a certain margin¹⁹.

　　Article 12 The period and method for calculating interest with respect to loans in Renminbi shall be those prescribed by the People's Bank of China； the period and method for calculating interest with respect to loans in foreign currencies shall be those prescribed in loan contracts.

　　Article 13 Any enterprise that applies to the Bank of China for a loan shall go through the following procedures：

　　1. The enterprise shall submit an application， together with the corresponding certifications and materials in the light of the specific details of the requirement for the loan；

　　2. The Bank of China shall examine and assess the application and the certifications and materials submitted， and upon verification and approval， the lender and the borrower shall sign a loan contract through negotiation²⁰.

　　Article 14 The enterprise shall use the loan in accordance with the schedule， amount and scope for use as stipulated in the loan contract.

　　Article 15 In case where the Bank of China deems it necessary for the enterprise applying for loans to provide a guarantee， the enterprise must provide one that is acceptable to the Bank.

　　Article 16 The enterprise may submit to the Bank of China the following guarantees：

　　1. Credit guarantee. The enterprise may submit to the Bank of China an irrevocable letter of guarantee for the repayment²¹ of the principal and interest of the loan issued by a financial institution， or an enterprise， or any other unit that enjoys creditworthiness and has the capability²² to repay the debt.

　　2. Mortgage guarantee. The enterprise may mortgage its property and rights and interests to the Bank of China as guarantee for the repayment of the principal and interest of the loan granted by the Bank of China. The following items may be mortgaged：

　　（1） building property， machinery²³ and equipment；

　　（2） marketable goods in stock；

　　（3） deposits or deposit certificates in foreign currencies；

　　（4） negotiable securities and instruments；

　　（5） stock equities²⁴ or other transferable rights and interests.

　　Article 17 An enterprise that is to obtain a loan secured by mortgage shall sign a mortgage document with the Bank of China， which shall be notarized by a Chinese notary²⁵ office. The collateral²⁶ security shall be insured with the People's Insurance Company of China in its full value. The enterprise shall provide both credit guarantee and mortgage guarantee when the Bank of China deems it necessary.

　　Article 18 The enterprise shall， in accordance with the loan contract， repay the loan and pay the interest and other relevant fees in full and on schedule.

　　Article 19 The after-tax net cash income of the enterprise shall first be used to repay the fixed assets loan.

　　Article 20 With respect to an enterprise that fails to comply with the provisions of the loan contract， the Bank of China shall have the right to adopt the following measures to safeguard its rights and interests in accordance with the loan contract and in the light of the seriousness of the breach²⁷：

　　1. setting a deadline for the rectification²⁸ of the breach；

　　2. suspending the loan；

　　3. recalling the loan ahead of schedule；

　　4. notifying the guarantor to perform its guarantee responsibility.

　　Article 21 If the enterprise fails to repay the principal of the loan and pay the interest， in the case of a loan in credit guarantee， the guarantor enterprise （or unit） shall be liable for repaying the defaulted principal of the loan and paying the defaulted interest and relevant fees thereon and， in the case of a loan on mortgage guarantee， the Bank of China shall， in accordance with the provisions of the law， have the right and priority to have the principal of the loan repaid and have the defaulted interest and other fees thereon paid with the collateral security duly commuted²⁹ or with the money derived³⁰ from selling the collateral security.

　　With respect to a loan which the enterprise fails to repay on schedule， the Bank of China shall impose as a penalty an additional interest at a rate ranging from 20 percent to 50 percent above its original rate starting from the day repayment is overdue³¹.

　　Article 22 The Bank of China shall have the right to examine the situation as to how the enterprise is using the loan. The enterprise shall periodically report to the Bank of China the progress of the construction of the project concerned， the plans for its production， sales and finance， and submit the statements and materials of implementation³² thereof until the loan is fully repaid. If the owner of the enterprise is represented by another legal person， the owner shall， when the Bank of China deems it necessary， submit to the Bank of China its annual financial statement.

　　When the Bank of China is conducting inspection³³ of credit， the enterprise shall report the actual situation and provide convenience for the work.

　　Article 23 Before the loan is fully repaid， the enterprise shall， unless otherwise approved by the Bank of China， handle all the financial matters in its business operations through the account it has opened with the Bank of China and may not transfer its funds to other banks or financial institutions without authorization. When the Bank of China deems it necessary， it shall have the right to require the enterprise to open a custody³⁴ account.

　　Article 24 The enterprise shall notify in due time the Bank of China of any ajor resolutions or decisions made by its board of directors or by its owner on financial affairs as well as of any change of personnel in the board. The enterprise shall solicit³⁵ the opinions of the Bank of China in advance with respect to any major amendments³⁶ and supplements to its joint venture contract or cooperative contract and its articles of association， if such amendments and supplements will affect the creditor's rights of the Bank of China.

　　Article 25 Unless otherwise approved by the Bank of China， the valid³⁷ language used in the legal documents such as the loan contract signed by the enterprise and the Bank of China and the annexes³⁸ thereto shall be the Chinese language and the applicable law shall be the law of the People's Republic of China.

　　Article 26 The rules for the implementation of these Measures shall be formulated by the Head Office of the Bank of China. The Bank of China in a special economic zone may， in the light of its actual business situation， draw up detailed³⁹ rules for the implementation thereof， which shall be submitted to the Head Office of the Bank of China for approval before they are enforced.

　　Article 27 These Measures shall go into effect as of the date of promulgation⁴⁰. The Interim Measures of the Bank of China for Granting Loans to Chinese- Foreign Equity Joint Ventures approved by the State Council and promulgated by the Bank of China on March 3， 1981 shall be simultaneously⁴¹ annulled⁴².

　　With respect to the loan contracts signed by the Bank of China and enterprises before the entry into force of these Measures， such loan contracts shall continue to be valid

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收听单词发音

1 promulgated
v.宣扬（某事物）( promulgate的过去式和过去分词 )；传播；公布；颁布（法令、新法律等）
参考例句：
Hence China has promulgated more than 30 relevant laws, statutes and regulations. 中国为此颁布的法律、法规和规章多达３０余项。来自汉英非文学 - 白皮书 The shipping industry promulgated a voluntary code. 航运业对自律守则进行了宣传。来自辞典例句

2 formulated
v.构想出( formulate的过去式和过去分词 )；规划；确切地阐述；用公式表示
参考例句：
He claims that the writer never consciously formulated his own theoretical position. 他声称该作家从未有意识地阐明他自己的理论见解。来自《简明英汉词典》 This idea can be formulated in two different ways. 这个意思可以有两种说法。来自《现代汉英综合大词典》

3 technological
adj.技术的；工艺的
参考例句：
A successful company must keep up with the pace of technological change.一家成功的公司必须得跟上技术变革的步伐。 Today,the pace of life is increasing with technological advancements.当今，随着科技进步，生活节奏不断增快。

4 equity
n.公正，公平，（无固定利息的）股票
参考例句：
They shared the work of the house with equity.他们公平地分担家务。 To capture his equity,Murphy must either sell or refinance.要获得资产净值，墨菲必须出售或者重新融资。

5 joint
adj.联合的，共同的；n.关节，接合处；v.连接，贴合
参考例句：
I had a bad fall,which put my shoulder out of joint.我重重地摔了一跤，肩膀脫臼了。 We wrote a letter in joint names.我们联名写了封信。

6 fixed
adj.固定的，不变的，准备好的；(计算机)固定的
参考例句：
Have you two fixed on a date for the wedding yet?你们俩选定婚期了吗？ Once the aim is fixed,we should not change it arbitrarily.目标一旦确定，我们就不应该随意改变。

7 incurred
[医]招致的，遭受的； incur的过去式
参考例句：
She had incurred the wrath of her father by marrying without his consent 她未经父亲同意就结婚，使父亲震怒。 We will reimburse any expenses incurred. 我们将付还所有相关费用。

8 overdraft
n.透支，透支额
参考例句：
Her bank warned that unless she repaid the overdraft she could face legal action.银行警告她如果不偿还透支钱款，她将面临诉讼。 An overdraft results when a note discounted at a bank is not met when due.银行贴现的支票到期而未能支付就成为透支。

9 interim
adj.暂时的，临时的；n.间歇，过渡期间
参考例句：
The government is taking interim measures to help those in immediate need.政府正在采取临时措施帮助那些有立即需要的人。 It may turn out to be an interim technology.这可能只是个过渡技术。

10 specified
adj.特定的
参考例句：
The architect specified oak for the wood trim. 那位建筑师指定用橡木做木饰条。 It is generated by some specified means. 这是由某些未加说明的方法产生的。

11 sterling
adj.英币的(纯粹的，货真价实的)；n.英国货币(英镑)
参考例句：
Could you tell me the current rate for sterling, please?能否请您告诉我现行英国货币的兑换率？ Sterling has recently been strong,which will help to abate inflationary pressures.英国货币最近非常坚挺，这有助于减轻通胀压力。

12 convertible
adj.可改变的，可交换，同意义的；n.有活动摺篷的汽车
参考例句：
The convertible sofa means that the apartment can sleep four.有了这张折叠沙发，公寓里可以睡下4个人。 That new white convertible is totally awesome.那辆新的白色折篷汽车简直棒极了。

13 administrative
adj.行政的，管理的
参考例句：
The administrative burden must be lifted from local government.必须解除地方政府的行政负担。 He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。

14 fully
adv.完全地，全部地，彻底地；充分地
参考例句：
The doctor asked me to breathe in,then to breathe out fully.医生让我先吸气，然后全部呼出。 They soon became fully integrated into the local community.他们很快就完全融入了当地人的圈子。

15 authorization
n.授权，委任状
参考例句：
Anglers are required to obtain prior authorization from the park keeper.垂钓者必须事先得到公园管理者的许可。 You cannot take a day off without authorization.未经批准你不得休假。

16 stipulated
vt.& vi.规定；约定adj.[法]合同规定的
参考例句：
A delivery date is stipulated in the contract. 合同中规定了交货日期。 Yes, I think that's what we stipulated. 对呀，我想那是我们所订定的。来自辞典例句

17 determined
adj.坚定的；有决心的
参考例句：
I have determined on going to Tibet after graduation.我已决定毕业后去西藏。 He determined to view the rooms behind the office.他决定查看一下办公室后面的房间。

18 consultation
n.咨询；商量；商议；会议
参考例句：
The company has promised wide consultation on its expansion plans.该公司允诺就其扩展计划广泛征求意见。 The scheme was developed in close consultation with the local community.该计划是在同当地社区密切磋商中逐渐形成的。

19 margin
n.页边空白；差额；余地，余裕；边，边缘
参考例句：
We allowed a margin of 20 minutes in catching the train.我们有20分钟的余地赶火车。 The village is situated at the margin of a forest.村子位于森林的边缘。

20 negotiation
n.谈判，协商
参考例句：
They closed the deal in sugar after a week of negotiation.经过一星期的谈判，他们的食糖生意成交了。 The negotiation dragged on until July.谈判一直拖到7月份。

21 repayment
n.偿还，偿还款；报酬
参考例句：
I am entitled to a repayment for the damaged goods.我有权利索取货物损坏赔偿金。 The tax authorities have been harrying her for repayment.税务局一直在催她补交税款。

22 capability
n.能力；才能；(pl)可发展的能力或特性等
参考例句：
She has the capability to become a very fine actress.她有潜力成为杰出演员。 Organizing a whole department is beyond his capability.组织整个部门是他能力以外的事。

23 machinery
n.(总称)机械，机器；机构
参考例句：
Has the machinery been put up ready for the broadcast?广播器材安装完毕了吗？ Machinery ought to be well maintained all the time.机器应该随时注意维护。

24 equities
普通股，股票
参考例句：
These are invested mainly in the OECD bonds and equities. 这些资产主要投资于经济合作及发展组织的债券与股票市场。 They are also advantage of the global rebound in equities. 它们还在利用全球股市反弹的机会。

25 notary
n.公证人，公证员
参考例句：
She is the town clerk and a certified public accountant and notary public.她身兼城镇文书、执业会计师和公证人数职。 That notary is authorised to perform the certain legal functions.公证人被授权执行某些法律职能。

26 collateral
adj.平行的；旁系的；n.担保品
参考例句：
Many people use personal assets as collateral for small business loans.很多人把个人财产用作小额商业贷款的抵押品。 Most people here cannot borrow from banks because they lack collateral.由于拿不出东西作为抵押，这里大部分人无法从银行贷款。

27 breach
n.违反，不履行；破裂；vt.冲破，攻破
参考例句：
We won't have any breach of discipline.我们不允许任何破坏纪律的现象。 He was sued for breach of contract.他因不履行合同而被起诉。

28 rectification
n. 改正, 改订, 矫正
参考例句：
The process of producing a shift of the average value is called rectification. 产生平均值移动的过程叫做整流。 This effect, in analogy to its radiofrequency counterpart, is known as optical rectification. 同它的射频对应物相仿，这种现象称为光学整流。

29 commuted
通勤( commute的过去式和过去分词 )；减（刑）；代偿
参考例句：
His sentence was commuted from death to life imprisonment. 他的判决由死刑减为无期徒刑。 The death sentence may be commuted to life imprisonment. 死刑可能減为无期徒刑。

30 derived
vi.起源；由来；衍生；导出v.得到( derive的过去式和过去分词 )；（从…中）得到获得；源于；（从…中）提取
参考例句：
Many English words are derived from Latin and Greek. 英语很多词源出于拉丁文和希腊文。来自《简明英汉词典》 He derived his enthusiasm for literature from his father. 他对文学的爱好是受他父亲的影响。来自《简明英汉词典》

31 overdue
adj.过期的，到期未付的；早该有的，迟到的
参考例句：
The plane is overdue and has been delayed by the bad weather.飞机晚点了，被坏天气耽搁了。 The landlady is angry because the rent is overdue.女房东生气了，因为房租过期未付。

32 implementation
n.实施，贯彻
参考例句：
Implementation of the program is now well underway.这一项目的实施现在行情看好。

33 inspection
n.检查，审查，检阅
参考例句：
On random inspection the meat was found to be bad.经抽查，发现肉变质了。 The soldiers lined up for their daily inspection by their officers.士兵们列队接受军官的日常检阅。

34 custody
n.监护，照看，羁押，拘留
参考例句：
He spent a week in custody on remand awaiting sentence.等候判决期间他被还押候审一个星期。 He was taken into custody immediately after the robbery.抢劫案发生后，他立即被押了起来。

35 solicit
vi.勾引；乞求；vt.请求，乞求；招揽(生意)
参考例句：
Beggars are not allowed to solicit in public places.乞丐不得在公共场所乞讨。 We should often solicit opinions from the masses.我们应该经常征求群众意见。

36 amendments
（法律、文件的）改动( amendment的名词复数 )；修正案；修改；（美国宪法的）修正案
参考例句：
The committee does not adequately consult others when drafting amendments. 委员会在起草修正案时没有充分征求他人的意见。 Please propose amendments and addenda to the first draft of the document. 请对这个文件的初稿提出修改和补充意见。

37 valid
adj.有确实根据的；有效的；正当的，合法的
参考例句：
His claim to own the house is valid.他主张对此屋的所有权有效。 Do you have valid reasons for your absence?你的缺席有正当理由吗？

38 annexes
并吞( annex的名词复数 )；兼并；强占；并吞（国家、地区等）；附加物，附属建筑( annexe的名词复数 )
参考例句：
The Annexes to this Agreement are an integral part of this Agreement. 本协定的附件为本协定的组成部分。 Annexes 1 to 2 form the integral part of the Contract. 附件一至二将作为本合同的有效组成部分。

39 detailed
adj.详细的，详尽的，极注意细节的，完全的
参考例句：
He had made a detailed study of the terrain.他对地形作了缜密的研究。 A detailed list of our publications is available on request.我们的出版物有一份详细的目录备索。

40 promulgation
n.颁布
参考例句：
The new law comes into force from the day of its promulgation. 新法律自公布之日起生效。来自《简明英汉词典》 Article 118 These Regulations shall come into effect from the day of their promulgation. 第一百一十八条本条例自公布之日起实施。来自经济法规部分

41 simultaneously
adv.同时发生地，同时进行地
参考例句：
The radar beam can track a number of targets almost simultaneously.雷达波几乎可以同时追着多个目标。 The Windows allow a computer user to execute multiple programs simultaneously.Windows允许计算机用户同时运行多个程序。

42 annulled
v.宣告无效( annul的过去式和过去分词 )；取消；使消失；抹去
参考例句：
Their marriage was annulled after just six months. 他们的婚姻仅过半年就宣告取消。 Many laws made by the former regime have been annulled. 前政权制定的许多法律被宣布无效。来自《简明英汉词典》

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