Cctv newsAccording to the news of official website, China Banking and Insurance Regulatory Commission, on February 11th, the Banking Insurance Regulatory Commission of China and the People’s Bank of China formulated the Measures for the Risk Classification of Financial Assets of Commercial Banks, which was reviewed and adopted by the first committee meeting of the Banking Insurance Regulatory Commission of China in 2020 on March 17th, 2020. It is hereby promulgated and shall come into force on July 1st, 2023.
Measures for risk classification of financial assets of commercial banks
Chapter I General Principles
Article 1 In order to promote commercial banks to accurately assess credit risks and truly reflect the quality of financial assets, these Measures are formulated in accordance with the Banking Supervision Law of the People’s Republic of China, People’s Republic of China (PRC) Commercial Bank Law and other laws and regulations.
Article 2 These Measures shall apply to commercial banks established in People’s Republic of China (PRC) according to law.
Article 3 Commercial banks shall classify the financial assets that bear credit risks on their balance sheets, including but not limited to loans, bonds and other investments, interbank assets, receivables, etc. If credit risk is assumed in off-balance-sheet items, risk classification shall be carried out according to the relevant requirements of on-balance-sheet assets.
Financial assets under the trading books of commercial banks and related assets formed by derivative transactions are not included in these Measures.
Article 4 The term "risk classification" as mentioned in these Measures refers to the behavior of commercial banks to classify financial assets into different grades according to the degree of risk.
Article 5 Commercial banks shall classify risks according to the following principles:
(1) The principle of authenticity. Risk classification should truly and accurately reflect the risk level of financial assets.
(2) The principle of timeliness. Adjust the classification results in a timely and dynamic manner according to the debtor’s performance ability and the risk changes of financial assets.
(3) The principle of prudence. If the risk classification of financial assets is uncertain, the classification level should be determined from low.
(4) the principle of independence. The risk classification of financial assets depends on the independent judgment of commercial banks under the premise of complying with laws and regulations.
Chapter II Risk Classification
Article 6 Financial assets are divided into five categories according to the degree of risk, namely normal category, concern category, secondary category, doubtful category and loss category, and the latter three categories are collectively called non-performing assets.
(1) Normal category: the debtor can perform the contract, and there is no objective evidence that the principal, interest or income cannot be paid in full and on time.
(II) Concern category: Although there are some factors that may adversely affect the performance of the contract, the debtor is currently able to repay the principal, interest or income.
(3) Sub-category: the debtor is unable to pay the principal, interest or income in full, or the financial assets have suffered credit impairment.
(4) Suspicious category: the debtor has been unable to fully repay the principal, interest or income, and the financial assets have suffered significant credit impairment.
(5) Loss category: After taking all possible measures, only a small part of financial assets can be recovered, or all financial assets can be lost.
The credit impairment of financial assets mentioned in the preceding paragraph means that according to the Accounting Standards for Business Enterprises No.22 — — Recognition and Measurement of Financial Instruments (Cai Shui [2017] No.7) Article 40, the valuation of financial assets is adjusted downward due to the deterioration of the debtor’s credit status.
Article 7 When a commercial bank classifies the risks of non-retail assets, it should strengthen the analysis of the debtor’s first repayment source, focus on evaluating the debtor’s performance ability, focus on the debtor’s financial status, repayment willingness and repayment record, and consider the overdue days of financial assets, guarantee and other factors. If the debtor is a member of an enterprise group, the classification of its debts as non-performing does not necessarily lead to the classification of other members as non-performing. However, commercial banks should start the evaluation procedure in time, carefully evaluate the influence of this member on other members, and decide whether to adjust the risk classification of the creditor’s rights of other members according to the evaluation results.
If more than 10% of the creditor’s rights of a commercial bank to a non-retail debtor in the bank are classified as bad, all the creditor’s rights of the debtor in the bank shall be classified as bad. Except for the credit enhancement method approved by the financial management department of the State Council.
Article 8 When a commercial bank classifies retail assets, it may, on the basis of carefully evaluating the debtor’s performance ability and willingness to pay, classify individual assets one by one according to the transaction characteristics, guarantee situation, loss degree and other factors.
Retail assets include personal loans, credit card loans and claims of small and micro enterprises. Among them, personal loans, credit card loans, and small and micro enterprise loans can be classified by the off-date method.
Article 9 The same creditor’s right shall not be divided and classified, except under the circumstances stipulated in Article 16 of these Measures.
Article 10 A commercial bank shall at least classify financial assets that meet one of the following conditions as concerns:
(a) the principal, interest or income is overdue, except for short-term overdue caused by operational or technical reasons (within 7 days);
(2) changing the use of funds without the consent of the commercial bank;
(3) Repaying by borrowing new loans or by other debt financing methods, except bonds and qualified small and micro enterprises’ loan renewal business;
(4) The debts of the same non-retail debtor in the Bank or other banks are bad.
Article 11 A commercial bank shall at least classify financial assets that meet one of the following conditions as sub-categories:
(a) the principal, interest or income is overdue for more than 90 days;
(2) The financial assets have suffered credit impairment;
(3) The external rating of the debtor or financial assets is greatly lowered, resulting in a significant decline in the debtor’s performance ability;
(4) Among the debts of all banks of the same non-retail debtor, the debts overdue for more than 90 days have exceeded 20%.
Article 12 A commercial bank shall at least classify financial assets that meet one of the following conditions as suspicious:
(a) the principal, interest or income is overdue for more than 270 days;
(2) The debtor evades bank debts;
(3) The financial asset has suffered credit impairment, and the expected credit loss accounts for more than 50% of its book balance.
Article 13 A commercial bank shall classify financial assets that meet one of the following conditions as losses:
(a) the principal, interest or income is overdue for more than 360 days;
(2) The debtor has entered the bankruptcy liquidation procedure;
(3) The financial asset has suffered credit impairment, and the expected credit loss accounts for more than 90% of its book balance.
Article 14 When a commercial bank upgrades its non-performing assets to normal or concern category, it shall conform to the definition of normal or concern category and meet the following requirements at the same time:
(1) All overdue creditor’s rights and related expenses have been paid, and they have been paid normally for at least two consecutive repayment periods or six months (whichever is longer);
(2) After assessment, it is considered that the debtor can continue to perform the contract normally in the future;
(3) The debtor has no financial assets with credit impairment in the Bank.
Among them, personal loans, credit card loans and small and micro enterprise loans can be raised according to the requirements of the delinquent method.
Article 15 If the debt repayment subject changes due to mergers and acquisitions, the risk classification of related financial assets of the acquirer and the acquired party shall not be raised within 6 months, and the non-performing financial assets shall not be included in the index calculation of relevant clauses such as Article 7, Article 10 (4) and Article 11 (4).
After six months, commercial banks should re-evaluate the risk status of debtors and classify all their claims. If the non-performing assets are upgraded to normal or concerned categories, the relevant requirements of Article 14 shall be met.
Article 16 When a commercial bank classifies the risks of the invested asset management products or asset securitization products, it should penetrate into the underlying assets and classify the risks according to the risk status of the underlying assets. For products that cannot completely penetrate into the underlying assets, the product risk classification should be determined according to the assets with the worst risk classification among the penetrable underlying assets.
For credit asset securitization products based on retail assets and non-performing assets, layered credit asset securitization products and other products recognized by China Banking and Insurance Regulatory Commission, commercial banks should classify the risks of products according to the expected profit and loss of investment on the basis of comprehensive assessment of the risk status of the final debtor and the characteristics of structured products.
Chapter III Risk Classification of Restructured Assets
Article 17 Restructured assets refer to financial assets that are made by commercial banks to facilitate the debtor’s adjustment of debt contracts or provide refinancing for the debtor’s existing debts due to the debtor’s financial difficulties, including borrowing new ones to repay the old ones and financing new debts.
The existing contract gives the debtor the right to change the terms or refinance independently, and if the debtor exercises this right due to financial difficulties, the relevant assets also belong to reorganization assets.
Article 18 The financial difficulties of the debtor include the following situations:
(1) The principal, interest or income are overdue;
(2) Although the principal, interest or income are not overdue, but the debtor’s debt paying ability declines, the estimated cash flow is insufficient to perform the contract, and the debt may be overdue;
(3) The debtor’s debts have been classified as bad;
(4) The debtor is unable to raise funds at fair market prices in other banks;
(5) The securities publicly issued by the debtor have the risk of delisting, or are in the process of delisting, or have been delisted, and have a significant adverse impact on the debtor’s performance ability;
(6) Other circumstances identified by the commercial bank.
Article 19 Contract adjustment includes the following situations:
(1) Extension;
(2) A grace repayment plan for principal and interest;
(3) Adding or extending the grace period;
(4) interest is converted into principal;
(5) Reducing the interest rate so that the debtor can obtain a more favorable interest rate than the fair interest rate;
(6) allowing the debtor to reduce the repayment of principal, interest or related expenses;
(7) Release part of the collateral, or replace the existing collateral with the collateral with poor quality;
(8) replacement;
(nine) other measures to relax the terms of the contract.
Article 20 A commercial bank shall set a reorganization observation period for the restructured assets. The observation period shall be calculated from the first repayment date agreed upon after the adjustment of the contract, and shall include at least two consecutive repayment periods, and shall not be less than one year. At the end of the observation period, if the debtor has solved the financial difficulties and repaid in full and on time according to the contract during the observation period, the relevant assets may no longer be recognized as reorganization assets.
If the debtor fails to solve the financial difficulties at the end of the observation period, the observation period shall be recalculated. If the debtor fails to repay the loan in full and on time during the observation period, the observation period shall be recalculated from the point of non-performance.
Article 21 Commercial banks should accurately judge the financial difficulties of debtors and classify them in strict accordance with these Measures. Assets that were normal or concerned before reorganization, as well as refinancing of existing debts, should be at least classified as concerned after reorganization; Those who meet the criteria for determining non-performing assets during the observation period should be downgraded to non-performing assets and the observation period should be recalculated; If it meets the requirements of Article 14 after being identified as non-performing assets during the observation period, it can be upgraded to the category of concern.
Before the reorganization, it was a sub-category, a suspicious category or a loss category, and if it meets the requirements of Article 14 during the observation period, it can be upgraded to a concern category; If the asset quality continues to deteriorate during the observation period, the classification should be further lowered and the observation period should be recalculated.
Article 22 During the observation period of reorganization, if the debtor fails to repay in full and on time as agreed in the contract, or if the financial situation has not improved despite the full repayment, the assets reorganized again shall be at least classified as sub-category, and the observation period shall be recalculated.
Article 23 Financial assets or refinancing made by a commercial bank on a debt contract are not reorganization assets when the debtor is not in financial difficulties.
Chapter IV Risk Classification Management
Article 24 These Measures are the minimum requirements for risk classification of financial assets. Commercial banks should improve the classification system and refine the classification methods according to the actual situation, but they shall not be lower than the standards and requirements set forth in these Measures, and have a clear correspondence and conversion relationship with the risk classification methods in these Measures. Commercial banks shall, within 30 days after formulating or revising the risk classification system of financial assets, report to China Banking and Insurance Regulatory Commission and its dispatched offices for the record.
Article 25 Commercial banks should improve the governance structure of risk classification management of financial assets, and clarify the risk classification responsibilities of the board of directors, senior management and relevant departments.
Article 26 The board of directors shall bear the ultimate responsibility for the risk classification results of financial assets and supervise the senior management to perform the risk classification duties.
Article 27 The senior management shall formulate a risk classification system for financial assets, promote the implementation of risk classification, ensure that the classification results are true and effective, and report to the board of directors regularly.
Article 28 The contents of the risk classification management system of financial assets include but are not limited to classification flow, division of responsibilities, classification standards, classification methods, internal audit, risk monitoring, statistical reports and information disclosure.
Article 29 A commercial bank shall make clear the risk classification methods of various financial assets according to the information such as the types of financial assets, counterparty types, product structure characteristics, historical default and the characteristics of its asset portfolio. Once the classification method is determined, it should remain relatively stable.
Article 30 Commercial banks should improve the risk classification process of financial assets, clarify the three-level procedures of "initial classification, identification and approval", strengthen the management requirements of each link, establish an effective balance mechanism, and ensure the independence of the classification process and the accuracy and objectivity of the classification results.
Article 31 A commercial bank shall classify the risks of all financial assets at least once every quarter. If the debtor’s financial situation or factors affecting debt repayment have changed significantly, the risk classification should be adjusted in time.
Article 32 A commercial bank shall conduct an internal audit on the risk classification system, procedures and implementation at least once a year, and the audit results shall be reported in writing to the board of directors in time and submitted to China Banking and Insurance Regulatory Commission and its dispatched offices.
Article 33 Commercial banks should develop and continuously improve information systems related to financial asset risk classification to meet the requirements of risk management and prudential supervision.
Article 34 Commercial banks should strengthen the monitoring, analysis and early warning of financial asset risks, dynamically monitor the risk distribution and risk changes, deeply analyze the risk sources and migration trends, and take preventive measures in time according to the risk status.
Article 35 A commercial bank shall disclose the risk classification methods, procedures and results of financial assets, as well as information such as loss provision and loss write-off in a timely manner in accordance with the relevant information disclosure provisions.
Article 36 Commercial banks should continuously strengthen the management of risk classification files of financial assets to ensure the accuracy, continuity and completeness of classified information.
Chapter V Supervision and Administration
Article 37 China Banking and Insurance Regulatory Commission and its dispatched offices shall supervise and inspect the risk classification of financial assets of commercial banks in accordance with the provisions of these Measures, and take corresponding regulatory measures.
Article 38 Commercial banks shall submit statistical statements and analysis reports related to the risk classification of financial assets to China Banking and Insurance Regulatory Commission and its dispatched offices in accordance with regulations.
Commercial banks should report the classified management of financial assets risk in the previous year to China Banking and Insurance Regulatory Commission and its dispatched offices within 30 working days at the beginning of each year.
Article 39 A commercial bank shall promptly report to China Banking and Insurance Regulatory Commission and its dispatched offices the major issues related to the risk classification of financial assets.
Article 40 China Banking and Insurance Regulatory Commission and its dispatched offices shall regularly or irregularly evaluate the risk classification management status and effect of financial assets of commercial banks. At the same time, the evaluation opinions will be fed back to the board of directors and senior management of commercial banks, and the evaluation results will be used as an important reference for regulatory rating.
Article 41 If a commercial bank violates the regulatory requirements for risk classification, China Banking and Insurance Regulatory Commission and its dispatched offices may take the following measures:
(1) Prudent talks with the board of directors and senior management of commercial banks;
(2) Issuing supervision opinions, including the problems existing in the risk classification management of financial assets of commercial banks, rectification opinions within a time limit and the corrective measures to be taken;
(3) Require commercial banks to strengthen the risk classification management of financial assets, formulate feasible rectification plans, and report them to China Banking and Insurance Regulatory Commission and its dispatched offices for the record;
(four) according to the degree of violation of its provisions and regulatory capital requirements;
(5) Ordering commercial banks to take effective measures to mitigate the risks of financial assets.
Article 42 Where a commercial bank violates the regulatory requirements stipulated in these Measures, China Banking and Insurance Regulatory Commission and its dispatched offices may take regulatory measures or impose administrative penalties in accordance with the Banking Supervision Law of the People’s Republic of China and other laws and regulations in addition to the measures stipulated in Article 41 of these Measures.
Chapter VI Supplementary Provisions
Article 43 For commercial banks that have implemented the advanced capital measurement method, the stable correspondence between the risk classification standard and the definition of default in the internal evaluation system should be made clear.
Article 44 A commercial bank may determine the risk classification of credit card loans and eligible small and micro enterprises’ loan renewal businesses in accordance with relevant regulations.
Where there are other provisions on risk classification of financial assets in China Banking and Insurance Regulatory Commission, such provisions shall apply.
Article 45 The State Development Bank, policy banks, rural cooperative banks, rural banks, rural credit cooperatives and branches of foreign banks, and other banking financial institutions supervised by China Banking and Insurance Regulatory Commission and its dispatched institutions shall be implemented with reference to these Measures. Where there are other provisions, those provisions shall prevail.
Forty-sixth approach by the China Banking and Insurance Regulatory Commission in conjunction with the people’s Bank of China is responsible for the interpretation of.
Article 47 These Measures shall come into force as of July 1, 2023.
Article 48 The new business of commercial banks since July 1, 2023 shall be classified according to the requirements of these Measures. For businesses that occurred before July 1, 2023, commercial banks should formulate a reclassification plan, and before December 31, 2025, all existing businesses should be reclassified in a quarterly and step-by-step manner according to the requirements of these Measures. Encourage qualified commercial banks to complete the reclassification of stock business ahead of schedule. During the transition period, the stock businesses that have not been reclassified in accordance with these Measures shall be classified in accordance with the relevant provisions of the Guidelines on Loan Risk Classification (No.54 [2007] of the Banking Regulatory Commission).