In the general loan relationship, the law has no special restrictions on the subject qualification of the loan contract, as long as it meets the general provisions of the contract subject. However, according to the laws and regulations on financial institutions in China, only commercial banks, urban and rural credit cooperatives and other financial institutions established according to law and approved by the People's Bank of China can engage in commercial loan business. Other legal persons, natural persons and other organizations cannot engage in commercial credit business, so they cannot become lenders in loan contracts.

legal ground

Article 40 of the Commercial Bank Law

Commercial banks may not issue credit loans to related parties; The conditions for granting secured loans to related parties shall not be superior to those for similar loans of other borrowers. The related parties mentioned in the preceding paragraph refer to:

(1) Directors, supervisors, managers, credit business personnel and their near relatives of commercial banks;

(2) Companies, enterprises and other economic organizations in which the personnel listed in the preceding paragraph invest or hold senior management positions.