论出借合同专用章之民事责任

借用合同专用章对外签订合同所产生的民事责任,应根据合同相对人的主观状态来确定。若合同相对人在缔约时为善意且无过失,其可选择适用表见代理,主张合同有效,由合同专用章的出借人对其承担合同责任;或选择适用无权代理,由合同专用章的出借人和借用人对其连带承担缔约过失责任,赔偿其信赖利益的损失。若合同相对人在订立合同时明知借用公章的事实,则其行为属通谋的虚伪意思表示,应以隐藏的法律行为来约束合同双方,合同专用章的借用人和合同相对人受合同效力的拘束,出借方不承担民事责任。     

Financial Deregulation and the Bank Lending Channel in Developing Countries: The Case of Indonesia

The dominant role of commercial banks as a source of finance and the considerable asymmetry of information in financial markets in developing countries have raised an argument that the bank lending channel of monetary transmission mechanism would be very important in such countries. This study addresses the issue by investigating empirically whether there are differential effects of monetary policy on banks' balance sheets, and its implications to the existence of the bank lending channel of monetary policy in Indonesia, especially since the early 1980s when the government adopted a policy of financial deveculation. We find significant differences of balance sheet behaviour across bank classes in response to a change in monetary policy, consistent with the predictions of the bank lending view. We also found that because of access to foreign funds and the existence of bank loan commitment, the monetary policy was unable to constrain loan supply by the large (state) banks, indicating that the bank lending channel operates through smaller (non-state) banks.     

Why are mortgage rates so uniform?

Conclusion Any reasonable model of mortgage lending concludes that interest rates depend on loan and borrower characteristics. In this paper, the rate is a function of the loan-to-value ratio, the parameters of the densities of future price of housing and income, deposit rate, and cost of foreclosure. Nevertheless, in practice, each lender charges only one rate to all borrowers. This is first explained by the difficulty of estimation of the parameters of the density functions. Since lenders cannot categorize their borrowers, they treat them uniformly and set minimum standards to minimize the risk of default by each borrower. Mortgage insurance, moreover, enables lenders to lend risklessly outside of the range in which they can operate risklessly on their own. Second, mortgage rate uniformity is explained by the lenders' risk aversion. Third, when borrowers are separated into discrete categories, uniform rates can result from perfect categorization of borrowers with respect to the future value of the relevant random variables. It is more likely, however, that lenders cannot categorize borrowers perfectly and that interest rates vary substantially among categories. As rates jump from one category to the next and borrowers are reluctant to gain small increases in loan size at significantly higher rates, lenders respond by offering only the basic category of loans.     

Rural Development Finance in Vietnam: A Microeconometric Analysis of Household Surveys

This study examines (a) the rural household participation in the Vietnamese rural credit market, (b) the behavior of a formal lender in response to the credit needs of households, and (c) the impact of credit. The rural credit market in Vietnam is quite segmented. The formal sector specializes in lending for production purposes whereas the informal sector's lending is quite diverse. We show that rural households are rational in deciding which sources to ask for a particular kind of loan. Reputation, the dependency ratio of households, and the amount of credit applied for by the household are identified as the determinants of credit rationing by the bank. Credit is shown to have a significant impact on household production.     

资本充足率、存款准备金率与货币政策银行信贷传导——基于银行业市场结构的分析

基于垄断竞争的银行业市场结构,研究银行在受到资本充足率和存款准备金率双重约束条件下,在面对货币政策冲击的情况下所做出的最优信贷决策行为。通过构造贷款市场总体均衡模型,得出以下结论:当银行满足资本充足率和存款准备金率要求时,货币政策的银行信贷传导渠道表现出有效性;而当贷款市场中的银行不能满足资本充足率或存款准备金率要求时,货币政策的银行信贷传导渠道则表现出无效性。     

Why do commercial banks hold government bonds? The case of Japan

We investigate the determinants of the demand for Japanese government bonds (JGBs) by commercial banks in Japan. In particular, by estimating portfolio equations for JGB demand and bank loans, based on a panel data set from the late 1990s to the 2000s, we rigorously test the popular assertion that the long stagnation of the real economy caused a shift in the portfolios of commercial banks from bank lending to JGBs. We find that the popular assertion is not empirically supported. Rather, the portfolio shift from loans to JGBs has been caused by a fall in the ratio of the loan rate to unit lending costs, or the bank’s price–cost margin for lending.     

中小企业贷款利率偏高的理论解释与经验证据

现有贷款定价理论一般认为商业银行应该对中小企业贷款实行高定价以实现当期收益最大化,却对中小企业后续业务价值缺乏考虑。本文认为后续业务价值可以用期权收益表示,进而利用期权定价方法构建了同时考虑当期收益和期权收益的贷款定价模型,并以广东省某股份制商业银行2011年中小企业贷款数据为基础进行了实证应用与比较。分析结果表明,当前市场条件下商业银行没有综合考虑中小企业贷款后期权风险与价值的合理匹配,商业银行对中小企业短期贷款利率水平偏高,而长期贷款又过度集中于传统行业并有定价偏低迹象。总体而言,商业银行高估了中小企业短期贷款风险制定了较高贷款利率,这可能超过了中小企业融资负担承受能力,并进一步阻碍中小企业发展壮大与商业银行后续业务拓展。     

Bank dependency on foreign funding and global liquidity shocks: The importance of US monetary policy for a developing country

We examine international spillover effects of US monetary policy on bank lending in Cambodia, using unique data about loan disbursements and the funding structures of Cambodian banks from 2013Q1 to 2019Q2. The banking sector in a developing country is likely dependent on foreign funding, while the dependency could be the source of vulnerability to international monetary and economic conditions. We empirically document that US monetary policy is likely to be transmitted to Cambodian bank lending through foreign funding. We also document that Cambodian banks change their risk-taking behavior in response to the spillover effects of US monetary policy. Furthermore, these results are robust for US monetary policy, but weak and not robust for the monetary policies of the Cambodian bank’s major shareholders’ home countries, suggesting that US monetary policy should be primarily taken into account in supervising banks that are reliant on foreign funding, in addition to domestic economic conditions.     

Bank capital and lending: Evidence of nonlinearity from Indonesia

This paper studies the transmission of bank capital shocks to loan supply in Indonesia. Using bank data for the period 2001:Q1 to 2018:Q4, we estimate dynamic panel data models of bank lending. We find nonlinear effects of capital on loan growth. Specifically, the response of weakly capitalized banks to changes in their capital positions is larger than that of strongly capitalized banks. This non-linearity implies that not only the level of capital but also its distribution across banks in the system affects the transmission of shocks to aggregate lending. Likewise, the effects of bank recapitalization on loan growth depend on banks’ starting capital positions and the size and distribution of capital injections.     

信息不对称、抵押物与商业银行消费贷款经营行为——基于商业银行微观业务数据的经验分析

本文基于国内某银行消费贷款业务数据,实证研究了信息不对称条件下抵押物对商业银行消费贷款经营行为的影响。结果表明：（1）抵押物能够显著影响商业银行消费贷款配给行为,提供抵押物的借款人获得的借款额度明显较高,且抵押物配给效果受信息不对称程度影响明显;（2）抵押物与消费贷款违约风险呈现显著的负相关关系,抵押物作用机制中的“客户选择”效应占主导地位;（3）抵押物决定与借款人事前风险评估无明显关联,但与借款人抵押物可获得性高度相关,表明银行业务经营中存在一定程度的抵押物依赖现象。     

Loan interest rate pass-through and changes after the financial crisis: Japan’s evidence

We estimate interest rate pass-through in the loan market using an individual bank-based panel dataset from Japan. Previous studies using data from European countries have presented a number of common findings, including that banks with a high proportion of relationship lending tend to set lower pass-through. In this respect, we have obtained similar results using a dataset for Japan going back to the early 2000s. We further examine the influence of borrowing firms’ balance sheet characteristics on loan interest rate pass-through, and find that these additional factors are also important determinants for pass-through dispersion. However, after the recent global financial crisis, even banks with a high proportion of relationship lending have largely lowered loan interest rates by raising pass-through, and pass-through has not necessarily been determined in accordance with borrowing firms’ balance sheet characteristics. These results differ from those of recent studies on European countries. Possible background factors explaining this change are that (i) pressure to lower loan interest rates has risen due to extensive monetary easing and greater lending competition among banks, while Japan’s banking system as a whole has maintained its resilience in the post-crisis period; (ii) demand for bank loans has increased substantially due to disruptions in the market for alternative funding sources, such as commercial paper and corporate bonds; and (iii) public measures to increase bank loans have been broadly introduced in Japan.     

中小企业贷款利率偏高的理论解释与经验证据

现有贷款定价理论一般认为商业银行应该对中小企业贷款实行高定价以实现当期收益最大化,却对中小企业后续业务价值缺乏考虑。本文认为后续业务价值可以用期权收益表示,进而利用期权定价方法构建了同时考虑当期收益和期权收益的贷款定价模型,并以广东省某股份制商业银行2011年中小企业贷款数据为基础进行了实证应用与比较。分析结果表明,当前市场条件下商业银行没有综合考虑中小企业贷款后期权风险与价值的合理匹配,商业银行对中小企业短期贷款利率水平偏高,而长期贷款又过度集中于传统行业并有定价偏低迹象。总体而言,商业银行高估了中小企业短期贷款风险制定了较高贷款利率,这可能超过了中小企业融资负担承受能力,并进一步阻碍中小企业发展壮大与商业银行后续业务拓展。     

基于博弈论分析辛迪加贷款与我国中小企业融资难问题

以青木昌彦的银行辛迪加及相机治理模型为基础,构建一种适合于中小企业的辛迪加贷款模式。该模式通过银行间的风险分担、消除银企之间的信息不对称,促进银行放贷的积极性,从而提高中小企业的贷款可得性。对中小企业融资中银企信贷关系的动态博弈分析,进一步表明辛迪加贷款模式对解决我国中小企业融资难问题具有重要意义。最后指出我国辛迪加贷款模式的发展还应该注意建立稳定的银企关系和加强对牵头行的激励。     

我国商业银行贷款风险的特征及防范

影响我国商业银行信贷经营的安全和高效的主要因素是贷款风险,实行贷款风险管理是我国商业银行最紧迫的任务之一。商业银行贷款管理必须建立完善的信贷管理责任制,重视风险研究和风险管理的有效性。本文首先提出了我国商业银行贷款存在的问题,继而从贷款风险的特征入手,提出防范商业银行贷款风险管理的对策。     

Monetary policy transmission through the bank lending channel in Thailand

This paper investigates the strength of the bank lending channel in the transmission of monetary policy in Thailand. Bank behavior is captured by quarterly balance sheet data for ten commercial banks of diverse size for the period 2007-2016. Based on a flexible form profit function, bank supply and demand equations are estimated that capture lending and funding choices. The estimation results are used to derive time-dependent supply and demand elasticities which are then combined with estimates of pass-through from the policy rate to retail rates to simulate the dynamic impact of a monetary tightening on bank portfolio allocations. Due to pass-through differentials among retail interest rates, an increase in the policy rate is shown to raise the cost of loan-production relative to the return on loans, thereby motivating banks to contract their lending. Small banks show a greater degree of loan contraction than large banks because large banks are better able to fund continued lending through debt issuance. Because the Thai economy relies heavily on bank loans, these findings suggest that the bank lending channel is an important conduit for the transmission of monetary policy in Thailand.     

商业银行对科技中小企业贷款方式的研究

商业银行贷款给科技中小企业面临着高风险,而高收益的要求在我国由于分业经营和利率浮动上限的限制,不能得到满足。文章设计的资产价格浮动利率法和滚动结算法可以使银行贷款给科技中小企业,承担高风险的同时,获得高收益,从而增强商业银行给科技中小企业贷款的激励,解决科技中小企业的融资难题。     

Does a large loss of bank capital cause Evergreening? Evidence from Japan

Using the real estate lending share of the bank’s loan portfolio at the peak of the land-price bubble as an instrument for bank capital, we identify the impact of capital adequacy on the allocation of bank lending under the Basel regulatory framework. We find that, in Japan, a large loss of bank capital caused by the regulator’s excessively tough stance towards banks not only induced the contraction of the bank lending supply but also the banks’ reallocation of their lending portfolios to financially unhealthy industries with a higher concentration of non-performing loans.     

基于高级法的两维评级贷款审批标准

新资本协议框架下,公司暴露的风险加权资产依赖于客户的违约概率和债项的违约损失率。随着内部评级高级法的实施,商业银行将逐步建立和完善客户评级与债项评级体系,用于估算违约概率和违约损失率。本文深入分析了新资本协议的资本要求计算公式,提出以资本要求低于8%为导向、以客户评级和债项评级为基础的贷款两维准入标准。目的是帮助商业银行有效管理资本充足率,以及解决中小企业融资难等问题。     

我国商业银行并购贷款风险分析

我国颁布的《商业银行并购贷款风险管理指引》通知明确允许符合条件的商业银行开办并购贷款业务,这标志着并购贷款业务正式开办。文章指出,并购贷款在给商业银行带来新的利润增长机遇的同时,也给其带来了巨大的风险,所以,商业银行应该重点关注并购贷款的风险。文章分析了并购双方企业、并购整合以及商业银行操作等并购贷款的风险来源,总结归纳了并购贷款的风险特征。文章针对并购贷款的风险提出了贷前严格审查、贷后跟踪调查和规避操作风险等风险防范措施。     

Lenders’ Response to Peer and Customer Restatements

We investigate whether restatements announced by economically related firms influence the contract terms a borrower receives from lenders. A restatement by a major customer firm increases the loan spread of a borrower by 11 basis points, on average. The contagion effects of customer restatements are higher (45 basis points) when a borrower's switching costs are high. Restatements by peer firms in the same industry also increase a borrower's loan spread, and this increase occurs regardless of restatement severity. Moreover, the sensitivity of loan spread to peer restatements is significantly greater when the restating peer firms are also in the bank's lending portfolio, suggesting that a lender's personal experience with restatements in an industry makes it more attuned to the potential implications of these restatements for the borrowing firm. Finally, our results suggest that lenders utilize information from peer restatements to anticipate future restatements by the borrowing firm.