Payment to a third party as required shall be regarded as the borrower's borrowing obligation. If it cannot be repaid, it needs to be repaid by the borrower, which will not affect the third-party payee. This is called entrusted payment in operating loans, which is a way to explain the purpose of your loan. It is suggested that companies entrusted by third parties choose companies they can trust, and it is best to provide them themselves. Entrusted payment is a payment method of loan funds, which means that the lender (a legally established banking financial institution) pays the loan funds to the borrower's transaction object according to the borrower's withdrawal application and payment entrustment, so as to reduce the risk of loan misappropriation. At present, the application of entrusted payment is that the single amount of loan funds exceeds the total investment of the project by 55 million yuan. Third-party collection, some enterprises, some can lend privately, and third-party collection is only used as funds, which has nothing to do with the loan itself and will not affect the third-party payee.

Legal basis:

Article 679 of the Civil Code of People's Republic of China (PRC) * * * When a loan contract between natural persons is established, the loan contract between natural persons is established when the lender provides the loan.

Derivative problem:

What is the crime of illegally lending and issuing loans with off-balance-sheet customer funds?

The crime of using off-balance-sheet customers' funds to borrow illegally refers to the behavior that the staff of banks or other financial institutions use funds for illegal borrowing for the purpose of making profits without recording them, resulting in heavy losses.

(1) object element. The object of this crime is the national financial management system and the legitimate rights and interests of customers. According to the relevant financial laws and regulations, the issuance of loans must conform to the asset-liability ratio management (including capital efficiency, loan-to-deposit ratio, asset liquidity ratio, loan ratio of the same borrower, medium and long-term loan ratio indicators and loan quality indicators) and loan risk management. Financial institutions and their staff use the credit funds of financial institutions (consisting of capital, liabilities and assets) as the basis to absorb customers' funds for illegal lending and lending. At the same time, illegally borrowing customers' funds to issue loans increases the risk of customers' funds and infringes on the legitimate rights and interests of customers.