Beijing Yingtong Law Firm has focused on the protection of the rights and interests of private enterprises for many years. It has represented many corporate rights protection cases in the legal practice of rights protection in natural resources, mining, land, waters, territorial space, corporate equity, criminal defense, factory demolition, environmental protection shutdown, prohibition and vacation, etc., including large-scale real estate...
The whole process of mineral rights mortgage loan: an advanced guide from beginner to expert
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Article author：Yingting Lawyers Group | Update time：1970-01-01 | Reading times：116
"What should I do with mineral rights mortgage loans?" This is a common confusion among the heads of many mining companies. #p#Paging title#e#
#p#Paging title#e#After the implementation of the new Mineral Resources Law, mineral rights mortgage loans finally have a clear legal basis and operational path. Lawyer Liu Jingzhu of Beijing Yingting Law Firm has compiled a full process guide for you from preparation to loan disbursement. #p#Paging title#e#
#p#Paging title#e##p#Paging title#e#Phase 1: Pre-financing self-assessment (recommended to start 6 months in advance) #p#page title#e##p#Paging title#e#
#p#Paging title#e#Before formally applying for a loan, mining companies should conduct a self-assessment: #p#page title#e#
#p#Paging title#e##p#Paging title#e#Assessment 1: Whether the mineral rights are "clean"#p#Page title#e##p#Paging title#e#
#p#Paging title#e#- Is the mining right certificate within the validity period? #p#Paging title#e#
- Are there any ownership disputes? #p#Paging title#e#
- Are there any encumbrances such as seizure, mortgage, lease, etc.? #p#Paging title#e#
- Have the transfer proceeds been fully paid? #p#Paging title#e#
If the above problems exist, they should be resolved before applying for a loan. #p#Paging title#e#
#p#Paging title#e##p#Paging title#e#Assessment 2: Whether the mine meets the mortgage conditions#p#Page title#e##p#Paging title#e#
#p#Paging title#e#- Does the mine meet production safety conditions? #p#Paging title#e#
- Has it passed environmental protection acceptance? #p#Paging title#e#
- Are there any ecological protection red lines involved? #p#Paging title#e#
If there are policy restrictions, the bank is likely to refuse the mortgage. #p#Paging title#e#
#p#Paging title#e##p#Paging title#e#Assessment 3: Assessment of repayment ability#p#Page title#e##p#Paging title#e#
#p#Paging title#e#- What is the company's operating income and profit in the past three years? #p#Paging title#e#
- What are the expected sources of repayment? #p#Paging title#e#
- Does the loan amount match the repayment ability? #p#Paging title#e#
#p#Paging title#e#Stage 2: Select banks and appraisal institutions#p#Page title#e##p#Paging title#e#
#p#Paging title#e#Mining mortgage loan policies vary widely among banks. It is recommended to shop around. The choice of an appraisal agency directly affects the quality of the appraisal report. It is recommended to choose an agency that has mining rights appraisal qualifications, a good reputation in the industry, and a basis for cooperation with the target bank. #p#Paging title#e#
#p#Paging title#e##p#Paging title#e#Stage Three: Material Preparation and Evaluation#p#Page Title#e##p#Paging title#e#
#p#Paging title#e#Mining companies entrust evaluation agencies to conduct evaluations, which usually require mining rights certificates, reserves reports, feasibility study reports, financial information, etc. The evaluation cycle is usually 1-2 months. After the appraisal report is issued, a loan application is submitted to the bank. The bank approval cycle is usually 1-2 months. #p#Paging title#e#
#p#Paging title#e##p#Paging title#e#Stage 4: Contract signing and mortgage registration#p#Page title#e##p#Paging title#e#
#p#Paging title#e#After the loan is approved, a loan contract and a mortgage contract will be signed with the bank. Both parties will jointly handle the mortgage registration with the natural resources department. The registration period is 20 working days. #p#Paging title#e#
#p#Paging title#e##p#Paging title#e#Stage 5: Loan and post-loan management#p#Page title#e##p#Paging title#e#
#p#Paging title#e#After the mortgage registration is completed, the bank will disburse the loan to the business account. After the loan is issued, the bank will conduct regular or irregular post-loan inspections, and the enterprise should cooperate and repay the loan on time. #p#Paging title#e#
#p#Paging title#e##p#Paging title#e#Stage Six: Repayment and Cancellation#p#Page Title#e##p#Paging title#e#
#p#Paging title#e#The principal and interest shall be repaid on schedule according to the loan contract. After repaying the entire loan, you should promptly apply to the natural resources department for cancellation of mortgage registration. #p#Paging title#e#
#p#Paging title#e##p#Paging title#e#Lawyer Ying Ting suggested #p# pagination title #e##p#Paging title#e#
#p#Paging title#e#Lawyer Liu Jingzhu advises those in charge of mining companies: 1. Make full preparations and do not rush into battle; 2. Choose reliable partners; 3. Pay attention to contract terms and avoid legal risks; 4. Do a good job in post-loan management and maintain good credit. #p#Paging title#e#
#p#Paging title#e#Beijing Yingtong Law Firm has extensive experience in the field of mineral rights mortgage financing and can provide you with full-process legal services. #p#Paging title#e#
#p#Paging title#e#(This article is for reference only. Please consult a professional lawyer for specific questions. This content does not constitute legal advice.) #p#Page Title#e#
#p#Paging title#e#Previous article：After the bidding, auction and listing, it was discovered that the mineral resources were suppressed: is it compensation or compensation?
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