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Laws and Regulations Database of the Central Bank of the Republic of China-Article Content

Title:Regulations Governing Home Mortgage Loans and Land Loans extended by Financial Institutions Open new window for Chinese

Announced Date:June 24, 2010

Date:Amended on June 26, 2014; effective from June 27, 2014

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〈Basis〉
1.This Regulations are promulgated pursuant to Articles 28, 29 and 31 of The 
 Central Bank of the Republic of China(Taiwan)Act and Paragraph 2, Article 37 
 and Article 40 of the Banking Act of the Republic of China.

〈Definitions〉
2.The terms used in the Regulation shall have the following meanings: 
 (1)"Financial institutions" shall include domestic banks, branches of foreign banks in 
   Taiwan, credit cooperatives, Agricultural Bank of Taiwan, credit departments of 
   farmers’associations, credit departments of fishermen's associations, Chunghwa 
   Post Co., Ltd., and insurance companies.
 (2) "Housing loan" shall mean a mortgage extended by a financial institution to a 
    borrower for purchasing a non-high-priced house (land included) where the title 
    deed of the house contains the wording "residential."
 (3) "High-priced housing loan” shall mean a mortgage extended by a financial 
    institution to a borrower for purchasing any of the following types of house (land 
    included) where the title deed of the house contains the wording “residential”: 
  a. The house is located in Taipei City with an appraised value or purchase price of 
    NT$70 million or more; 
  b. The house is located in New Taipei City with an appraised value or purchase price 
    of NT$60 million or more; or
  c. The house is located in an area within Taiwan other than Taipei City and New 
    Taipei City with an appraised value or purchase price of NT$40 million or more.
 (4) "Specific areas" shall include the following administrative districts:
  a. All districts in Taipei City;
  b. Seventeen districts in New Taipei City covering Banciao District, Sanchong 
    District, Jhonghe District, Yonghe District, Sinjhuang District, Xindian District, 
    Tucheng District, Lujhou District, Shulin District, Sijhih District, Sansia 
    District, Linkou District, Danshuei District, Wugu District, Taishan District, 
    Bali District, and Yingge District.
  c. Four districts in Taoyuan County covering Taoyuan City, Luzhou City, Zhongli City,
    and Guishan Township.
 (5)"Home mortgage loan” shall mean housing loan and high-priced housing loan.
 (6)"Land loan" shall mean a loan extended by a financial institution to a borrower and 
   secured by land in a residential district or a commercial district designated under 
   urban planning.
 (7)"Borrower" shall mean an individual and a corporate body. 

〈Restrictions on Home Mortgage Loans Extended to a Corporate Body〉
3.Home mortgage loan extended by a financial institution to a corporate body shall be 
 subject to the following restrictions:
 (1) No grace period is allowed;
 (2) The maximum amount of the home mortgage loan shall not exceed 50 percent of the 
   house’s appraised value (land included) or its purchase price, whichever is lower; 
   and
 (3) The loan amount mentioned in the preceding subparagraph shall not be increased for 
   reasons of home renovation, working fund or other purposes.

〈Restrictions on Home Mortgage Loans Extended to an Individual〉
4.Home mortgage loan extended by a financial institution to an individual shall be 
 subject to the following provisions:
 (1) High-priced housing loan: Restrictions set forth in the subparagraphs of preceding
   article   shall apply.
 (2) Housing loan: The financial institution shall make inquiry with the Joint Credit 
   Information Center on individual applicant’s borrowing status; If the loan 
   applicant already has one mortgage loan secured by a house (land included) and the 
   purpose of the loan has a classification code of "1" (real estate purchase)
   (hereinafter "home mortgage"), the terms of the housing loan shall be as follows:
  a. For an applicant who already has two or more home mortgages, provisions set forth 
   in the subparagraphs of the preceding article  shall apply.
  b. For an applicant who already has one home mortgage and is now applying a housing 
   loan for purchase of a house located in a specific area, the terms of the housing 
   loan shall comply with Subparagraph 1 and Subparagraph 3 of the preceding
   article. , and the maximum amount of the loan shall not exceed 60 percent of the 
   house’s appraised value (land included) or its purchase price, whichever is lower. 

〈Restrictions on Land Loans and exceptions〉
5. The conditions for land loan extended by a financial institution shall be subject
  to the following restrictions:
  (1) The financial institution may not accept land as security for a land loan if 
    the borrower has not submitted a concrete construction plan for the land.
  (2) The maximum amount of loan shall not exceed 65 percent of the land acquisition
    cost or its appraised value, whichever is lower and 10 percent of the extended
    loan shall not be disbursed until the borrower has commenced construction. 
  (3) The loan amount mentioned in the preceding subparagraph may not be increased 
    for reasons of working fund or other purposes.
  The provision of holding 10 percent of the loan until the borrower has commenced
  construction mentioned in Subparagraph 2 of the preceding Paragraph does not apply
  to the following circumstances:
  (1) The land is associated with an urban renewal project approved by the competent
    authorities; or 
  (2) The land is associated with a government or self-initiated land consolidation
    project already approved by the competent authorities but not yet completed.
  If the borrower who is not involved in investing or purchasing real estate or house 
  construction applies for a land loan as working fund for regular business operation, such 
  loan is not subject to the restrictions set out in Paragraph 1 hereof, provided the 
  borrower  has submitted a concrete operational plan.

〈Appraisal〉
6.A financial institution shall conduct the appraisal for home mortgage loans and land 
 loans in accordance with its internal lending rules and the provisions set forth by the 
 competent authority.
 When a financial institution accepts the transfers of or renewals of loans stated in 
 the preceding paragraph, the loan amount shall not be increased through reappraising. 

〈Exemption〉
7.Home mortgage loans and land loans that have already been approved by a financial 
 institution but not yet disbursed on or before June 26, 2014 may be processed according 
 to the originally approved loan terms, provided the loan terms comply with applicable 
 regulations at the time of approval.  

〈Reporting and Risk Control〉
8.A financial institution shall file reports on its home mortgage loans and land loans 
 periodically in accordance with the form set forth by the Central Bank of the Republic 
 of China (Taiwan). 
 A financial institution shall   set out internal risk control, operating procedures and
 other necessary internal rules for its home mortgage loan and land loan businesses. If 
 the lending criteria of a financial institution’s internal rules are stricter than the 
 Regulation, the   financial institution shall extend loans in accordance with its 
 internal rules.

〈Quasi-application〉
9.The provisions in the preceding four articles  shall apply mutatis mutandis to 
 short-term bills guaranteed by bills houses where the guarantee of issuedshort-term 
 bills is secured by land located in the residential district or the commercial district
 designated in urban planning.
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