(2) If an enterprise reloans after obtaining a loan from a financial institution, it may violate the prohibitive provisions of the law on high-value reloaning, be deemed invalid, and bear corresponding criminal responsibilities. Enterprises get loans from financial institutions to meet their own capital needs. If an enterprise, after obtaining a loan, reloans the loan at a high amount for profit, disrupting the financial order, endangering the national financial security and violating the original intention of the enterprise loan, not only the loan itself is invalid, but also it may violate the criminal law and bear corresponding criminal responsibilities.
(3) It is invalid for enterprises and citizens to illegally raise funds or issue loans to the public in the name of borrowing money. According to Article 1 of the Supreme People's Court's Opinions on People's Courts Handling Lending Cases, "Lending disputes between citizens, between companies and legal persons, and between citizens and other organizations shall be accepted as lending cases." The provisions on lending behavior between enterprises and citizens are effective in principle. Since then, the Supreme People's Court's "Reply on How to Confirm the Effectiveness of Lending between Citizens and Enterprises" further clarified and refined the effectiveness of lending between enterprises and citizens: "Lending between citizens and non-financial enterprises (hereinafter referred to as enterprises) belongs to private lending. As long as the meaning of both parties is true, it can be considered as valid.
However, in any of the following circumstances, it shall be deemed invalid:
1. Enterprises illegally raise funds from employees in the name of lending;
2. Enterprises illegally raise funds from the society in the name of borrowing;
3. Enterprises issue loans to the public in the name of loans;
4. Other acts in violation of laws and administrative regulations. Therefore, enterprises and citizens who illegally raise funds or issue loans in the name of borrowing will also be deemed invalid according to law.
(D) the legal consequences of invalid corporate lending behavior
1. The lender shall return the loan principal. According to the Supreme People's Court's "Reply on How to Deal with Borrowers' Failing to Repay Loans": "Unless the principal can be repaid ...", the loan principal, as the subject matter of an invalid loan contract, should be returned to the borrower in full. The Contract Law also has detailed provisions on the consequences of invalid contracts. If the contract is invalid, the original property or funds shall be returned. If both parties are at fault, they shall bear corresponding responsibilities according to the fault.
2. Charge loan interest and impose a corresponding fine. If the repayment of the principal is delayed, the borrower shall pay double interest during the delayed performance. According to Article 4 of the Supreme People's Court's Reply on How to Deal with Borrowers' Overdue Loan Repayment and the Supreme People's Court's Answers on Several Issues Concerning the Trial of Joint Venture Contract Disputes ... the interest obtained or agreed by investors shall be charged, and the other party shall be fined as bank interest ... ",after the loan contract is confirmed to be invalid, the interest agreed in the contract is not protected and should be charged, and the borrower shall be fined for bank interest. According to the general principles of loans: "Article 73 Administrative organs, enterprises and institutions. Funds such as joint-stock cooperative economic organizations, supply and marketing cooperatives, and rural cooperative foundations grant loans without authorization; If an enterprise borrows without authorization or in disguised form, the People's Bank of China will impose a fine of 1 times and less than 5 times on the lender according to the illegal income, and the People's Bank of China will ban it. " The lender may be fined 1 times to 5 times according to the regulations of illegal lending by enterprises. According to the Measures for Banning Illegal Financial Institutions and Illegal Financial Business Activities: "Article 22 If the establishment of illegal financial institutions or illegal financial business activities ... does not constitute a crime, the People's Bank of China shall confiscate the illegal income and impose a fine of 0 times to 5 times the illegal income; If there is no illegal income, a fine of 654.38+10,000 yuan and 500,000 yuan will be imposed. " In order to illegally establish a financial institution or engage in illegal financial business activities, a fine of less than 0+5 times the interest income or more than 650,000 yuan and less than 500,000 yuan may be imposed.
3. The lender may lose the security interest. In the inter-enterprise lending behavior, the guarantee is invalid because the main loan contract is invalid, which is a major risk for the lender. Article 8 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Guarantee Law of People's Republic of China (PRC) stipulates: "If the main contract is invalid, the guarantee contract is invalid, and the guarantor is not at fault, the guarantor will not bear civil liability; If the guarantor is at fault, the part that the guarantor bears civil liability shall not exceed one third of the part that the debtor cannot pay off. " Therefore, once the loan contract is deemed invalid, the guarantee contract as a subsidiary contract will also be deemed invalid. The interest on the guarantee that the lender can't get or get will be greatly reduced. If the borrower can't repay the principal, the lender will lose the guarantee to recover the principal to a certain extent.
According to Article 175 of the Criminal Law, "if a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Article 176 Whoever illegally absorbs public deposits or absorbs public deposits in disguised form, thus disrupting financial order, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph. " According to the regulations, if an enterprise borrows funds from a financial institution for lending for profit or illegally or in disguised form absorbs public deposits, it may bear criminal responsibility. At the same time, the directly responsible person in charge and other directly responsible personnel may also bear corresponding criminal responsibilities.