Banking Law Part 3 Credit in Banking
Summary
TLDR本视频脚本深入探讨了银行法中的信贷活动。银行的主要职能之一是将从社会收集的资金以信贷形式再次分配给社会。信贷是银行基于贷款协议向另一方提供资金或等同于资金的权利,并要求借款方在一定期限后偿还本金及利息。视频中强调了合同的重要性,所有银行业务活动都基于合同进行。银行在批准贷款前会进行信用评估,包括评估借款人的品行、偿还能力、资本状况、抵押品以及当前经济状况。此外,还讨论了银行在贷款过程中的义务,以及如果贷款变成坏账,银行的责任和保险的作用。视频提醒观众在签订合同前要确保理解合同内容,因为合同一旦签订就成为法律,双方都需履行合同义务。
Takeaways
- 📜 银行的主要活动之一是将从社会收集的资金以贷款的形式再次分配给社会。
- 💼 银行信贷是银行基于贷款协议向另一方提供资金或等价于资金的索赔权,要求借款方在一定期限后还本付息。
- 👥 债务人可以是个人或法人实体,银行在批准贷款前会进行评估。
- 📝 银行与借款方之间的信贷关系基于合同,合同中会明确金额、支付机制和违约处罚。
- 🧐 银行在放贷前会进行信用评估,包括对申请人的品行、能力、资本、抵押品和经济状况的考量。
- 🏦 银行需要了解借款人的财务状况和经营历史,以确定其偿还能力和业务的可行性。
- 💡 借款人在签订合同前应仔细阅读并理解合同内容,银行合同通常是标准格式,不易更改。
- 📊 银行会考虑借款人的教育背景、相关经验以及是否具备开展业务的能力。
- 💰 银行会评估借款人的资本情况,确保借款人有足够的资本来支持其商业计划。
- 🔐 银行还会考虑抵押品的价值,以确保在借款人违约时有足够的资产可以执行。
- 🌐 银行在放贷时会考虑当前的经济状况和社会环境,确保贷款用途与当前经济形势相符。
- 🤝 银行有义务妥善管理贷款,确保借款人的可靠性,而借款人则有义务履行合同规定的责任。
- ⚖️ 如果借款人违约,银行如果已经进行了适当的评估并购买了保险,可能会由保险公司来支付损失。
Q & A
银行的主要活动之一是什么?
-银行的主要活动之一是将从社会收集的资金以信贷的形式再次投放回社会。
什么是信贷?
-信贷是银行基于贷款协议向另一方提供资金或等价于资金的债权,要求借款方在一定期限后连本带息偿还债务。
在贷款协议中,银行扮演什么角色?
-在贷款协议中,银行是债权人,它有权利要求债务人按照合同条款偿还贷款和利息。
债务人可以是哪些类型的实体?
-债务人可以是个人,也可以是法人实体,例如公司或组织。
银行在批准贷款前会进行哪些评估?
-银行在批准贷款前会进行信贷原则评估,包括对申请人的品行、能力、资本、担保和经济条件的评估。
信贷原则中的'品行'指的是什么?
-信贷原则中的'品行'指的是评估申请人的个人品质,包括可靠性和信任度,这通常通过面试和讨论来了解。
银行如何评估申请人的'能力'?
-银行会考虑申请人的教育背景、经验以及是否曾经从事过相关业务来评估其能力。
在贷款申请中,'资本'指的是什么?
-'资本'指的是申请人拥有的资金或其他资产,这些资金或资产将用于实现其商业计划。
银行在贷款审批过程中考虑的'担保'是什么?
-'担保'是指申请人提供的、银行在债务违约时可以执行或处置的抵押品或资产。
银行如何评估贷款申请的'经济条件'?
-银行会考虑贷款的目的是否与当前的经济状况和社会环境相适应,以及贷款是否可能带来预期的经济效益。
如果贷款变成不良贷款,银行会如何处理?
-如果贷款变成不良贷款,银行可能会通过保险来减少损失,前提是银行已经履行了信贷原则中的评估义务。如果银行未能妥善评估,那么可能需要自行承担损失。
为什么银行在放贷前需要进行详尽的评估?
-银行需要进行详尽的评估以确保贷款的安全性和可回收性,同时也是遵守法律和信贷原则的要求,避免因贷款违约而造成经济损失。
Outlines
📜 银行信贷活动与合同基础
本段主要介绍了银行的主要活动之一,即信贷。信贷是银行基于贷款协议向另一方提供资金或等价物,并要求借款方在一定期限后偿还本金及利息。银行在贷款前会对借款人进行评估,包括借款人的信用、还款能力、资本情况、抵押品以及经济状况。银行与借款人之间的信贷关系基于合同,合同中会明确贷款金额、支付机制和违约处罚。借款人在签署合同前应仔细阅读并理解其内容,因为合同一旦签署就具有法律效力。
🏦 银行贷款审批的五大原则
银行在审批贷款时会考虑五个主要因素:借款人的品行、能力、资本、抵押品和经济状况。品行指的是借款人的信誉和可靠性;能力涉及借款人的教育背景和相关经验;资本指的是借款人已有的资金或资产,银行会评估借款人是否有足够的资本来支持其商业计划;抵押品是借款人提供的、在违约情况下银行可以执行的资产;经济状况则是考量当前经济环境是否适合贷款。银行必须进行彻底的评估,以避免贷款变成坏账,并且如果贷款违约,银行需要确保已经对贷款进行了保险。
🤝 信贷合同的重要性与双方义务
本段强调了信贷合同的重要性,指出合同是银行与借款人之间关系的法律基础。借款人在签署合同前必须确保理解合同内容,如果有任何疑问应向银行确认。合同一旦签署,就变成了法律义务,双方都必须遵守。借款人应履行还款义务,而银行则有责任确保贷款的可靠性和安全性。如果银行未能履行贷款审批原则,导致贷款违约,银行将自行承担责任,而不能依赖保险赔偿。
Mindmap
Keywords
💡银行法
💡信贷
💡合同
💡信用评估
💡借款人
💡银行的义务
💡保险
💡不良贷款
💡法律实体
💡经济条件
💡担保
Highlights
银行的主要活动之一是将从社会收集的资金通过信贷形式再次流向社会。
信贷是银行基于贷款协议向另一方提供资金或等价于资金的索赔权。
债务人可以是个人或法人实体,银行在放贷前会进行评估。
银行在批准贷款提案前会进行信用原则的评估,包括对申请人的品格、能力、资本和抵押品的考量。
银行在放贷前会评估借款人的偿还能力和财务状况。
银行会考虑借款人的教育背景和相关业务经验。
银行需要了解借款人是否拥有足够的资本来实现商业计划。
银行在放贷时会要求借款人提供超过借款金额的抵押品。
银行在放贷前会评估当前经济状况是否适合借款人的商业计划。
如果借款人未能偿还贷款,银行可能会通过保险来减少损失。
银行在放贷时未能履行信用原则,将自行承担违约责任。
合同是银行和借款人之间的法律约束,双方都需要了解并履行合同义务。
借款人在签署合同前应确保理解合同内容,银行也有义务确保借款人理解合同条款。
银行在放贷过程中需要管理借款人的信用风险。
银行在评估贷款申请时会考虑五个主要方面:品格、能力、资本、抵押品和经济状况。
银行和借款人都应遵守合同规定,违反合同可能导致法律诉讼。
银行在放贷时需要进行详尽的评估,以保护自身免受不良贷款的风险。
银行在贷款过程中应确保透明度和诚信,以维护良好的客户关系和法律合规性。
Transcripts
well coming back to the business
liqueurs and this is the third part of
the topic banking law still with me your
lecturers generally speaking at the
previous part I've taught you about the
main activities of pang and one of them
is to channeling the money then they'd
been collected from the society to the
society again and the form of the return
by the bank is called a credit so credit
in the bank is the provision of money or
equivalent claim to money based on a
loan agreement between a bank and
another party obligating the borrowing
party to repay his debt after a certain
period with interest so here is the bang
and here is the dr. suit adapter
remember the concept of the lego subject
the debtor could be individual or the
vector will also be a legal entity let's
say payday
this is legal entity so those those
parties the subject need money but
before anything before business could be
for for other purposes but the point is
they they go to the bank asking for some
credit so the bank would make some
assessments if they approve your
proposal then there will be a credit
agreement here so the conduction of this
fund is based on contract so that's why
ideally for you about contract in the
beginning before we discuss about more
specific business activities especially
from the perspective of flow of the
business so it's all based on the
contract in this contract
we'll be shown the the amount of the
money the mechanism of the payment and
the penalty the sanction so whether the
bank or the debtor the bank is the
creditor is not doing their obligation
so they are devolved right remember
about the contract concept so here you
need to know your right and your
obligation based on the contract
it's like you're a businessman you are
an individuals before you signing a
contract in the bank make sure that you
read it first even though it's been
acquired critical problems for years
then in the bank the contract is a
take-it-or-leave-it contract right it's
a it's it's the clothes you cannot
change so they already have the form at
the default of the system the credit so
you you want to take it or leave it
so I still need to read it if you think
it's okay so you can sign it otherwise
you need to leave it right so the basis
is the contract so if you understand
contract will go well so it would be
much easier for you to understand about
this but besides that the other leg of
aspect I'm going to tell you it's about
what if you are a bang so now I'm
talking about you in the perspective of
the business actor who give the money
and you are the bank the bank before you
improve you must make assessment right
it's called principle of credit I am
sure that you already learn about it in
your business school that the bank
before the proof individuals or the
company proposal they have to take a
look at the character right the
character of the applicant so that's why
there will be there would be some
interview you will be next
come to the bank there was some
discussion some talks and even maybe
they will actually watch some financial
financial situation of yourself
but the ideas of the talking's of the
the the finding of information that done
by the bank is also trying to find your
character because from the interview
from the discussion they could make an
assessment whether you are reliable or
not whether you are trusted or not the
second one is the capacity the bank
would consider your capacity that's one
of the consideration whether they are
going to approve or reject your
application so the capacity is talking
about what you are capable of it's
talking about your background your
experience so if you're asking the money
one hundred million to open a business
in culinary so the band needs to know do
you have a capacity to make this
business or not that's why they would
try to find information about your
education background
will you go to any culinary school or
not and if you have been experienced in
in doing this kind of business or maybe
you work as as a chef a cook or a helper
in a restaurant then if you have nothing
related to this is because you want just
because you think this is a good idea
and the bank would say that you have no
capacity so it's a suspect of this
business so it would be very very
dangerous for the bank because
potentially the money will not be
written back by you if you have no
capacity is the money so that's the
second assessment made by the bank and
the third one is the capital so how much
money or what what is the other capital
that you have to make your idea of
business would be true let's say that
you are going to do a business and the
the money if you you need
on your calculation calculation to do
the business is 200 million you're
asking for 200
I mean your business is 200 million and
you're asking the money to the bank best
on your profile for example is 100
million so the bank needs to know do you
have the other 100 million if you say
you have nothing then giving you 100
million will be just vanish in vain
because you have no the difference than
100 million so the point is the business
idea will not be realized because you
don't have enough capital so it would
also be the consideration if you are a
bank and the third one is the collateral
related to the capital the bang would
also ask in do you have any Cotrell do
you have any selling goods or some asset
that we can execute or we can option
once you fail to pay the debt so if
you're asking for 100 million they are
going to actually do you have something
worth bit more than this usually they
will ask for something that would 130
percents so if your your application is
asking for 100 million so maybe you can
use your house or your car or the other
asset as the Calatrava
I mean an in-ear anisha and the fifth
one is the condition of economy so as
the current society's life so the band
is going to know what is the money for
and whether it is appropriate with our
current condition economy for example
now this in the corner you are going to
asking for money to the bank
100 million what for you say you want to
open a restaurant
well currently gathering is prohibited
so making a restaurant is that the quiet
respective and also not acquire
beneficial to be made so potentially it
will get lost so the bank would consider
the idea is not currency the
consideration if economy and also
society slide but if you are asking the
money to produce the max for example or
another equipment to protect personals
physic from the core enough euros or
other fears for example so I think it
will be a plus point for the
consideration so why does the the bank
meet to be she be careful before they
give you the money or not because it's
also related to the business and also
the law if the bank already conduct all
of the assessment and then finally you
got fail or the credit it's become a bad
credit which means you cannot pay than
the band if they already insured this
credit then this credit would be paid by
the insurance I mean here is is the
insurance company let's say for example
jump criminal screen door and it is a
company who if insurance for a credit
but if the band isn't fulfilling a
credential principal analyzing the
application of the customer then it's
the it's the default and also it's the
fault of the bank so the issue will not
pay money to the bank
so those are two main ideas and I'm
going to deliver to you here that the
credit is this on the contract so you
have to know the contract before you
signing make sure you understand it if
you don't understand you X to the ban
make a confirmation and if you think you
can do it you sign it but remember the
contract becomes the law for you in the
bank so you have to
you have to do the obligation based on
the contract otherwise it could be suit
to the court so that would be
irresponsible to pay the money and also
if you are the bank
you also have obligation to fulfill your
your liability in giving the money to
the to your clients to the captor here
so the debtor could give you some if you
I mean the band need to manage the
reliability they have to pay the money
that they already proof and also if you
got the bang you have to make sure that
you already make a good assessment the
clients then you can you can you can be
protected by the insurance okay I think
it's it for now and we'll discuss the
further discussion after this thank you
god bless you see you like
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