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近年来,随着市场经济的发展和国家对金融市场调控政策的变化,市场主体对委托贷款业务的需求逐渐增多,申请办理委托贷款类公证的当事人亦日趋增多。为了适应社会的需求,办好委托贷款类公证业务,有必要对办理该类业务的几个主要法律问题进行探讨梳理。一、委托贷款概述(一)委托贷款的法律特征委托贷款是和自营贷款相对应的一种贷款方式。《贷款通则》①规定,委托贷款,系指由政府部门、企事业单位及个人等委托人提供资金,由贷款人(受托人)根据委托人确定的贷款对象、用途、金额期限、
In recent years, with the development of the market economy and the changes in the government’s control over financial markets, the market demand for entrusted loan business has gradually increased, and the number of parties applying for notarization of entrusted loans has also been on the rise. In order to meet the needs of the society and run a well-known notary business of loans, it is necessary to probe into and review some of the major legal issues concerning handling such business. I. Overview of Entrusted Loans 1. Legal Characteristics of Entrusted Loans Entrusted loans are a type of loan corresponding to proprietary loans. The General Rules on Loans ① stipulates that the entrusted loans shall mean the loans provided by the government agencies, enterprises, institutions and individuals, etc., by the lender (trustee) on the basis of the object of the loan as determined by the principal, its purpose, the term of the loan,