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Land mortgage top design recently introduced

priority pilot major grain-producing counties part of the law is expected to exceed

as an important innovation in rural financial reform, property rights of rural land mortgage financing is about to usher top design. According to the economic information daily reporter, drafted by the Central Bank to take the lead of rural contracting land rights, farmers ' housing property rights such as mortgages the right to two pilot mentoring programme has been reported to the Central leading group on comprehensive reform, is expected to be issued. On the premise of voluntarism risk control, pilot programme on no quantity restrictions all over the County as a unit to apply to the Central Bank for the record, encouraging major grain-producing counties of priority declarations. In the pilot areas in the future, parts the existing legal restrictions against the mortgage of farmland will be broken.
in recent years, including Beijing, Sichuan, Hunan and other places have the right to financial institutions started two mortgages, related institutions, including the agricultural Bank of China, the China postal savings bank and city commercial banks. Statistics show that currently there are more than 20 provinces of region is pilot. But these areas are more or less legal, the realistic obstacles faced difficulties of, property law, such as the Security Act specified that the rural collective land use rights may not be used for collateral, which allows financial institutions to have scruples.
who understand the local banking regulatory Bureau of the financial business people told the economic information daily said no breakthrough due to legal obstacles, actually agricultural land and Homestead, fail to achieve full freedom of movement in the market, therefore risk channel is actually not open, banks are not interested in the issue land mortgage loans is very high. "By most of the Bank lending and guarantee company, but unless it is the policy of the security company, or general security companies are not willing to get involved. "He admitted. In addition, in rural areas, many transfer of land circulation is not through formal platforms, but in private circulation, which often occurs in the middle of "pointing" things, so will also affect loans, dampened enthusiasm of the banks.
on the other hand, rates of farmland nationwide is on the rise every year, there are already close to the transfer of land in 30%, new business entities such as family farms, big business, farmers ' professional cooperatives have emerged, of rural financial demand continued to rise. In this regard, last year sent to several times more, on how to implement the right to two mortgage reform to address research on issues relating to legal and other measures.
expert analysis that the greatest significance of this mentoring programme is identified pilot districts can break the law for the time being limited, specific to what legislation can overcome, will be issued after further documentation for details. Central rural work leading group, Deputy head, Chen xiwen, Director of the Office had told the economic information daily in an interview said that this mode of typical case is the Shanghai free trade zone, relying on the legislature authorization within a certain range within a certain period, consent shall not be part of the legal provisions in specific areas. If pilot effect is an important basis for future revisions, returned if effect, then think of other methods.
reporter, reported the pilot programme of deep restructuring, debt expired, the borrower does not meet the loan, the financial institution on the premise of ensuring farmers ' contract rights and fundamental right to housing, may be disposed of in various ways according to law. This industry has been the focus of discussion: when there is bad, and how to better guarantee of both financial institutions and farmers ' rights.
"in practice, now more for mortgages is a usufructuary right, according to how much grain output a year mortgage, how much value, mortgage value of paddy field and dry land is different. "Regulators told reporters that both the contracted land operation right, is the property of Homestead, is subdividing property, rather than a complete property available for a mortgage, this is the disposal of bad assets now faces the biggest challenge.
"this would cause a lot of trouble, transfer of the rights can be, if right after the transfer to the mortgage, when the lessee not bank money and then when you run, it would appear to the existing land contract and banks get back to the land situation. "He said, as is the whole property, banks for the disposition of the collateral is also restricted, disposal gains are also assigned to step. Such as a piece of agricultural land is only farm, subject to planning and control subject to transfer, no agricultural land to non-agricultural uses, disposal, transfer fee was paid to have the right to contract farmers. Future with the emergence of large mortgages, third party disposal authority may be involved, things can only get more complex, there are many potential risks.
according to press reports, at present, the businesses most need government intervention, some to try Government set up risk compensation mechanism, if there is a risk, in accordance with the conditions, guaranteed by the Government, banks and third-party sharing. For example, in Sichuan, provincial Agricultural Committee requires sound government agricultural financing mechanisms to encourage private agriculture financing guarantees for rural property mortgage finance company to carry out guarantee service. As the supporting the compensation policy, local governments were asked to 70% on the establishment of rural property mortgage finance risk compensation funds, finance according to the effective sharing compensation to grant adequate compensation to the local government.
, under normal circumstances, if the lessee for operating conditions not improve long-term struggle to repay loans, the financial institution will land right in the transfer of property rights trading center for local villages, through the transfer of the rental loan. Pilot mentoring programme in particular, establish and improve the multilevel network of land property right trading platform, for the right mortgage to provide professional services.

 


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