Recently, two companies under Jimin Credible previously deposited 2.8 billion yuan in Bohai Bank, which was unknowingly used as a pledge guarantee for third-party enterprises. At present, both Jimin Trust and Bohai Bank have said that they have reported the case to the public security organs. Beiqing-Beijing headline reporter found that in addition to triggering heated discussions in the financial circle, the case has also been widely concerned by legal circles and judicial departments.
On October 28, the official microblog of the Huangpu District People's Procuratorate of Guangzhou City issued a document to popularize relevant legal knowledge based on the case, saying that the key to the incident lies in how the pledge insurance policy is issued, "If the staff of a bank or other financial institution illegally issues financial documents such as certificates of deposit for others, and the incident is triggered, it may be suspected of the crime of issuing financial documents in violation of the law, and the maximum sentence can be 15 years in prison." If a unit commits this crime, double punishment will be imposed on the unit or individual. ”
Unauthorized handling of pledge business The pledge is invalid
The Huangpu Procuratorate introduced the knowledge of "pledge guarantee" to everyone in a Weibo article. The "pledge guarantee" mentioned in this incident actually refers to the pledge of the certificate of deposit. Simply put, it is the unit certificate of deposit, that is, the RMB time deposit right certificate that the borrower entrusts the lender to apply to the financial institution that accepts the deposit according to the account opening certificate in order to handle the pledge loan. Unit certificates of deposit can only be issued and used for the purpose of pledge loans.
The account opening certificate may be provided to the borrower by a third party, but at the same time an agreement of the third party agreeing that the borrower will use its account opening confirmation for the purpose of pledging the loan.
The Whampoa Procuratorate held that if, as claimed by Jimin Credible, the Group and its subsidiaries had never handled or authorized others to handle the pledge business, and had never converted the deposits into paper certificates of deposit, then the pledge of 2.8 billion yuan would be invalid.
The key to this is how the pledge policy is issued
Although the 2.8 billion deposits are in Bohai Bank, which is pledged to Bohai Bank as a certificate of deposit, or in Bohai Bank, the 2.8 billion deposits have undergone essential changes, and the degree of risk is completely different. The Huangpu Procuratorate said that there are at least two major damages to the credibility of Jimin's rights: one is that the funds cannot be used after they are pledged; the other is that if the matters pledged by the pledge default, the funds will be used as the subject of joint and several liability and compensated to a third party (bank or lender).
The article also pointed out that the key to the incident is how the pledge policy is issued. If a staff member of a bank or other financial institution issues financial documents such as certificates of deposit for others in violation of the law, and the incident is triggered, he may be suspected of the crime of issuing financial documents in violation of the law, and may be sentenced to up to 15 years in prison. If a unit commits this crime, double punishment will be imposed on the unit or individual.
How exactly are the pledge procedures for 2.8 billion deposits handled? And who did it? According to the information currently available, Jimin Credible said that the group was not aware of the incident before the incident, and had negotiated with Bohai Bank after the incident, but the other party did not provide relevant materials. Bohai Bank, on the other hand, has not disclosed any specific information to the outside world. Since both sides have called the police, the specific circumstances and whether there is a criminal act will need to wait for the results of the police investigation.
Legal and compliant certificates of deposit pledge loan procedures require official seals in many places
How should the complete and compliant certificate of deposit pledge guarantee procedures be handled?
The first step is to convert the unit deposit into a certificate of deposit. According to the Provisions of the Civil Code, a certificate of deposit may be pledged and a pledge shall be created, and the deposit generally does not have the conditions for pledge. The Provisions of the China Banking and Insurance Regulatory Commission on the Administration of Pledge Loans for Units of Time Deposits also clearly point out that when a unit handles time deposits in a financial institution, the "Certificate of Account Opening of Unit Time Deposits" issued by the financial institution for it shall not be used as a certificate of right to pledge. Unit certificates of deposit can only be issued and used for the purpose of pledge loans. Therefore, Jimin Credibility has repeatedly made it clear that it has never converted deposits into paper certificates of deposit.
How should I issue a certificate of deposit? According to the Provisions on the Administration of Pledge Loans of Unit Certificates of Deposit, borrowers applying for pledge loans of unit certificates of deposit should submit the following documents and materials to the lending bank: (1) confirmation of account opening, including the confirmation of account opening provided to the borrower by the borrower or owned by a third party; (2) the depositor entrusts the lender to apply to the deposit bank for a power of attorney for issuing a unit certificate of deposit; (3) the depositor's reserved seal or password at the deposit bank. If the account opening certificate is provided by a third party to the borrower, an agreement of the third party agreeing to use its account opening certificate for the purpose of pledging the loan shall be submitted at the same time.
The CBRC requires that after receiving the relevant materials submitted by the lender, the depository bank should carefully examine whether the account opening certificate is true, whether there is a real deposit relationship between the depositor and the bank, and whether the reserved seal or password provided on the application for issuing the unit's certificate of deposit is consistent with the seal or password reserved by the depositor when depositing. If necessary, the depositary bank may verify the relevant information with the depositor.
The second step is to sign a pledge agreement. According to the provisions of the China Banking and Insurance Regulatory Commission, the lender and the pledgee shall conclude a written pledge contract to handle the pledge loan of the unit's certificate of deposit. The pledge contract shall contain the following contents: the name, address or place of business of the pledgee, the borrower and the pledgee; the type, amount, term, interest rate, purpose of the loan and the loan contract number of the guaranteed loan; the number of the unit certificate of deposit and the type of deposit contained therein, the name of the account, the account, the account, the opening institution, the amount, the term and interest rate; the scope of the pledge guarantee; and whether the depository bank has confirmed the unit certificate of deposit. In addition, the pledge contract shall be signed and sealed by the pledgee and the lender. The signature is the signature of its legal representative, an agent authorized by the legal representative or the main responsible person and affixed with the official seal of the unit.
Because some articles of association of the company will clearly stipulate that the provision of pledge security is not allowed to be provided externally, or the consent of the shareholders' meeting is required to provide a pledge guarantee, in practice, the lending bank will review the company's articles of association and shareholder resolutions of the guaranteed enterprise.
Judging from the above legal provisions, in handling the pledge loan of the certificate of deposit, many places need to provide the official seal and signature of the guarantee enterprise, and also need to provide the details of the guarantee enterprise itself and the certificate of deposit. If you really want to secretly get rid of this whole process from the enterprise, there are only two ways for internal personnel to operate illegally and counterfeit.
The pledge loan business will mostly involve multiple positions within the bank
A banker with many years of experience said that his bank needs many documents and processes to do this kind of business, involving various contracts, shareholders' meeting resolutions, face-to-door photography and underwriting, issuance of expropriation authorization letters, deposit certificates and so on. This requires the signature of the account manager, the signature of the credit examiner, the approval of the credit review committee, the signature of the letter examiner (president level), and some of the particularly large amounts may also require the signature of a leader.
The person said that if this set of processes is all operated by the bank in violation of the law, he cannot understand it at all and feels that it is not feasible. "How did they do it? Black shops all over the bank? It is all a crime to go to jail, to do business to put the entire line of people up, husband and wife black shop will not be so up and down a heart. Unbelievable! ”
However, the person also said that Jimin Credible said that he did not know Huaye Petrochemical and had no connection. His bank would not approve the company to provide a pledge guarantee of a certificate of deposit to an unrelated third party, which is indeed more risky.
Earlier, Jimin Credible Group said in an interview that among the materials used to handle pledges, a large number of official seals were suspected of being forged. In an audio recording he provided, a person in charge of the Nanjing branch of Bohai Bank, who was alleged, said, "Do you say that there are loopholes in the bank?" I think banks definitely have, more or less. One from the inspection of the seal, you only need to reach 80%, more than 85% of it passed, and did not call (call) the legal person, this is indeed a loophole in our line. ”
Since both Jimin Credible and Bohai Bank have called the police, the truth of this case remains to be investigated by the police.
Text/Beijing Youth Daily reporter Cheng Jie
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