Development of bad assets disposal system of blockchain
1. Accept the authorization document of non-performing assets management and disposal
2. Sign the non-performing assets handover agreement
3. Review non-performing assets and establish asset management accounts
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5. Select the specific disposal plan and disposal method of non-performing assets
6. Review the asset disposal recourse plan
7. Set up a special account for the disposal of non-performing assets
8. Organize the liquidation and disposal of non-performing assets, and establish detailed accounts of debt paying materials
9. Disposal of stored materials and income
10. Write the management and disposal opinions of non-performing assets, and hand over the final assets information
11. Summarize the management and disposal of non-performing assets
12. Report the management and disposal of non-performing assets
Jiujiu insurance company innovates the technology through the Internet, reconstructs and upgrades the traditional non-performing asset disposal instry, breaks the regional barriers, realizes the Internet sharing, and makes the non-performing asset disposal easier under the technological transformation of the new era!
The general process of the disposal of non-performing claims is as follows:
1, determination of the target to be disposed of, disposal publicity. The object to be disposed of can be one or several creditor's rights. The latter is packaging. Asset management companies sometimes organize and attract investment according to the characteristics of assets, but in most cases, they determine the disposal targets according to the needs of customers
2. Conct e diligence. Except for the loss claims or the claims that can recover the principal, other claims basically need to be evaluated. If the enterprise does not cooperate with the appraisal or the financial system is not perfect, a lawyer should be asked to conct a property investigation before the appraisal; If the legal relationship is complicated, a lawyer shall give his opinion
3. Negotiation. The evaluation result is an important reference for the pricing of creditor's rights. Generally speaking, the asset management company will work out the transaction price and structure with the investors after the evaluation results are obtained. But it's often the case of negotiating while evaluating
4. The project team of the asset management company shall write the disposal plan for approval. The personnel involved in the approval will not participate in the project disposal. Some project offices have the right to reply, and those with large losses need to report to the head office for approval
5. Auction. After the approval, the auction house is selected, and then the auction house publishes the auction announcement and organizes the auction. Of course, some projects can be transferred by agreement without going through the auction process. Some projects may be subject to bidding, while others may be subject to bidding. No matter what the form, the first is public, and there are few agreements
6. The version of the agreement is provided by the asset management company
7. After the payment is made, the asset management company will hand over the information of the loan contract, the notice of collection and the mortgage certificate, and inform the debtor and the guarantor that the creditor's rights have been transferred, so that the debtor and the guarantor can perform the repayment obligation to the purchaser
According to the bad debt accounts in the accounting subjects, it mainly includes but not limited to the bad assets of the bank, the bad assets of the government, the bad assets of securities, insurance and funds, and the bad assets of enterprises. Financial enterprises are the source of bad assets In a strict sense, the non-performing assets of banks are also called non-performing claims, the most important of which is non-performing loans, which refers to the loans that the borrowers can not repay the principal and interest on time and in quantity In other words, the loan issued by the bank can not recover the principal and interest according to the pre-determined period and interest rate, and the non-performing assets of the bank mainly refer to the non-performing loans After 1998, China introced the Western risk control mechanism, and classified the assets into five categories: "normal", "concern", "secondary", "suspicious" and "loss", in which "normal" and "concern" were classified as the bank's stock assets, and "secondary", "suspicious" and "loss" were classified as the bank's non-performing assets In addition to the main non-performing loans, the non-performing assets of banks include non-performing bonds. Jiancheng assets pointed out that in the NPL cycle, with the securitization of non-performing assets and the implementation of debt to equity swap, the non-performing assets of banks can also flexibly participate in the equity and proction and operation of enterprises, and give supervisors functions1. The object to be disposed of can be one or several creditor's rights. The latter is packaging. Asset management companies sometimes organize and attract investment according to the characteristics of assets, but in most cases, they determine the disposal targets according to the needs of customers. Because there are many assets to be disposed of, if no one proposes to buy them, they are usually placed there first. After the disposal target is determined, the vast majority of projects need to be disposed of in public - in newspapers and on the website of asset management companies
2. Conct e diligence. Except for the loss claims or the claims that can recover the principal, other claims basically need to be evaluated. If the enterprise does not cooperate with the appraisal or the financial system is not perfect, a lawyer should be asked to conct a property investigation before the appraisal; If the legal relationship is complicated, a lawyer shall give his opinion
3. Negotiation. The evaluation result is an important reference for the pricing of creditor's rights. Generally speaking, the asset management company will work out the transaction price and structure with the investors after the evaluation results are obtained. But it's often the case of negotiating while evaluating
4. Submit for approval. The project team of the asset management company shall write the disposal plan for approval. The personnel involved in the approval will not participate in the project disposal. Some project offices have the right to reply, and those with large losses need to report to the head office for approval
5. Auction. After the approval, the auction house is selected, and then the auction house publishes the auction announcement and organizes the auction. Of course, some projects can be transferred by agreement without going through the auction process. Some projects may be subject to bidding, while others may be subject to bidding. No matter what the form, the first is public, and there are few agreements
6. Contract payment. The version of the agreement is provided by the asset management company
7. Announcement of transfer and transfer of creditor's rights. After the payment is made, the asset management company will hand over the information of the loan contract, the notice of collection and the mortgage certificate, and inform the debtor and the guarantor that the creditor's rights have been transferred, so that the debtor and the guarantor can perform the repayment obligation to the purchaser.
in the disposal of the borrower's non-performing assets, the company will assist the borrower to formulate the disposal plan according to the actual situation for each item in each asset package, including determining the main plan and alternative plan as the situation changes. I often emphasize to the professional disposal team that we cooperate with on the platform that we should help the borrower to make a disposal plan with true and complete facts, accurate data, clear expression of legal relationship and rigorous analysis, including the situation of disposal objects, judgment of disposal timing, comparison and selection of disposal methods, disposal pricing and basis, and design of transaction structure; It is also necessary to make legal, compliant and reasonable explanations and argumentation on the disposal method, pricing basis, performance guarantee and risk control, disposal loss, expenses, collection plan, etc., and collect the evidence materials that can support the legitimacy, compliance and rationality of the scheme to the maximum extent. This is the principle we must adhere to and abide by
in terms of debt collection measures for borrowers, dieshang company has two professional non-performing assets disposal teams with strong strength, which mainly adopt the following ways to collect debts to ensure the safety of borrowers' funds:
first, we will adopt routine collection. For some debtors who are still in operation, have the opportunity to turn over and are willing to pay debts, we adopt the door-to-door direct collection method to closely monitor the debtors' operating conditions, repayment ability, litigation cases, evasion and abandonment of debts, recourse of other creditors, etc. I ask the disposal team to guard against some routines, such as the debtor's delaying or paralyzing tactics, while talking about debt repayment and reconciliation, on the other hand, secretly transferring property or setting up relevant obstacles to evade debt; Or, other creditors may not have much patience to seal up and freeze all the debtor's property in advance to prevent our disposal from being passive. I have summed up that in the field of non-performing assets, good intentions are basically not well reported. When the direct collection method can not be implemented smoothly, the disposal method should be adjusted
the second solution we use is to solve the problem. Recently, one or two asset packages have been disposed like this: our team will comprehensively consider the type, value, difficulty and time of disposal of the inspected property, evaluate the expectation of return, return cycle, background energy of the debtor, antagonism and other executable property of the debtor, liabilities, unknowable obstacles, execution strength of other creditors, etc, After soliciting the opinions of the platform borrower, decide whether to reconcile with the debtor
there are also many skills in this. I can tell you frankly that in order to save the debtor a step and face, our team usually maximizes the amount of debt in the case, such as double interest, penalty interest and compound interest. In this way, on the surface, there is more room for the creditor to make concessions, The debtor's shareholders or superiors will feel more comfortable, and the difficulty of reconciliation will be reced accordingly. If the debtor makes a one-time and quick payment, we will certainly give a larger discount; In the case of installment payment, we will require the debtor to provide a third party joint guarantee, continue to investigate and control the existing property, and pay close attention to the debtor's creditor's rights and debts, new litigation cases and other information, so as to avoid passivity
the third is that we often resort to litigation for settlement. Our professional disposal team will assess in advance. Unless the debtor has the possibility of restructuring and revitalizing, or has the sincerity to negotiate a settlement with us, we will first resort to litigation, such as arbitration, and application for notarization of enforcement effect. Of course, we are not blindly suing. On the basis of feasibility and cost control, we will reasonably determine the time, method, subject matter of action and apply for property preservation according to the debtor's property situation. After the ruling comes into effect, we will apply for enforcement as soon as possible
the fourth is that we negotiate with the platform borrowers to help the original debtors restructure their debts. Re sign the repayment plan with the debtor, implement the guarantee terms, especially increase the joint guarantee of shareholders, actual controllers and their close relatives and the corresponding safeguard inspection and control measures, and urge the debtor and the guarantor to perform the agreed obligations
the fifth is to pay debts in kind. We also accept to pay debts with things. We will greatly enhance the value of the things to pay debts through our own ability, such as property transfer, reconstruction, joint development, or set up obstacles in advance for the purchase of other asset packages, so as to seek greater interests in the future. The advantage of the platform team is to revitalize and restructure. For some high-quality projects that we assist borrowers to purchase, mainly real estate projects in popular cities, if the original debtor only has poor capital turnover or insufficient financing capacity, we will consider realizing creditor's rights by revitalizing and restructure.
At present, non-performing assets have become a vast "blue ocean" of investment. More and more players rush into the market to compete for the bank's non-performing assets package in order to obtain a good wave of income and try to occupy a place in this competitive market
as we all know, the disposal of non-performing assets includes two major links, i.e. collection and disposal. The so-called package Collection refers to the whole process of investors contacting and negotiating with financial enterprises, AMC and other asset holders to purchase non-performing asset packages. So, what is the general process of receiving "package"? This issue will be introced in detail
In terms of purchase method, investors can directly transfer the asset package to the financial enterprise or AMC agreement; You can also find other private investment institutions to buy creditor's rights, that is, the so-called "second-hand package". In addition, the creditor's rights can only be transferred through auction, bidding, competitive bidding and other public channelsthe negotiation between investors and financial enterprises, AMC and private investment institutions is bound to involve the process of negotiation. Whether the final transaction can be reached at the price that investors want depends on the ability of investors to play games
after purchasing the asset package, it's time to deal with it. Investors can not only cash in through their own clearing and auction, but also sell it to other service providers. There are many ways to deal with the non-performing assets, so investors need to size up the situation and operate flexibly to make profits