Traditional Culture Encyclopedia - Tourist attractions - For personal business loans that are mortgaged with the right to use state-owned construction land, the maximum mortgage rate shall not exceed the appraised value.
For personal business loans that are mortgaged with the right to use state-owned construction land, the maximum mortgage rate shall not exceed the appraised value.
1. For personal business-assisted loans that use state-owned construction land use rights as collateral, the maximum mortgage rate shall not exceed the appraised value ( ).
A
2. Can state-owned construction land be mortgaged for loans?
Legal subjectivity: If the land is transferred by the state, it is commercial, including commercial, residential, and commercial. , industry, tourism, entertainment and other purposes, you can apply for mortgage loans. If it belongs to public facilities and infrastructure land, it depends on the specific situation. For example, educational land belonging to teaching buildings, student dormitories, etc. cannot be mortgaged, but administrative office parts can be mortgaged with approval. The leased highway land can also be mortgaged. If the land is allocated, it can be approved with approval, but the bank will generally deduct the transfer fee that needs to be paid to complete the transfer procedures.
Legal objectivity: Article 395 of the "People's Republic of China and Civil Code" The following properties that the debtor or a third party has the right to dispose of can be mortgaged: (1) Buildings and other land attachments (2) The right to use construction land; (3) The right to use sea areas; (4) Production equipment, raw materials, semi-finished products, and products; (5) Buildings, ships, and aircraft under construction; (6) Transportation tools; 7) Other properties not prohibited from mortgage by laws and administrative regulations. The mortgagor may mortgage the properties listed in the preceding paragraph together.
3. Can construction land ownership be mortgaged?
Land use rights can be mortgaged.
The mortgage of land use rights is a mortgage of real estate rights.
(1) The land use rights used for mortgage must be legal land acquired through paid transfer or transfer. The right to use the land, and it is the land use right that has gone through the land registration procedures. (2) The establishment of the land use right mortgage does not result in the transfer of the land use right. That is, after the land use right is mortgaged, the land user can continue to occupy and benefit from the land. Only when the debt cannot be fulfilled, the mortgagee can Land use rights are transferred through legal procedures. (3) When land use rights are mortgaged, the buildings and other attachments on the land are also mortgaged. When buildings and other attachments on the ground are mortgaged, the land use rights within the scope of their use are also mortgaged. That is to say, the land use rights and the buildings and other attachments on the ground must be mortgaged at the same time. (4) The mortgage of land use rights shall not violate the provisions of the land use rights transfer contract. (5) After the land use right holder mortgages the land, he does not lose the right to transfer, but when transferring the land use right, the mortgagee should be notified.
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