Online loans overdue, generally speaking, will not go to jail.
In practice, when the bank loan is not repaid, the bank will generally collect it three times. If the debt is not paid off after collection, the bank will file a lawsuit. However, if it is solvent after the judgment, it will be enforced and the corresponding responsibility will be investigated, and the possibility of criminal responsibility will not be ruled out. However, if the lender finds that the overdue payment violates the bottom line of the law, it is also possible to be sentenced.
Article 676 of the Civil Code of People's Republic of China (PRC) stipulates that if the borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or relevant state regulations.
In fact, online lending is not difficult to understand. All processes such as authentication, bookkeeping, clearing and delivery are completed through the network. Borrowers and borrowers can achieve the purpose of borrowing without leaving home. Generally, the amount is not high, there is no guarantee, and it is pure credit lending. Online lending is divided into b2c mode and c2c(p2p) mode.
Peertopeer refers to direct lending between individuals through the Internet platform. Individuals include natural persons, legal persons and other organizations. As a new lending platform in peer-to-peer lending, loan companies usually operate online, so they can operate at lower management costs and provide cheaper services than traditional financial institutions.
The essence of internet finance still belongs to finance, and it has not changed the characteristics of financial risks such as concealment, contagiousness, extensiveness and suddenness. Strengthening the supervision of Internet finance is an inherent requirement to promote the healthy development of Internet finance. At the same time, Internet finance is a new thing and a new format. It is necessary to formulate a moderately loose regulatory policy to leave room and space for Internet financial innovation. By encouraging innovation, strengthening supervision and mutual support, we will promote the healthy development of Internet finance and better serve the real economy. Internet financial supervision should follow the principles of "legal supervision, moderate supervision, classified supervision, collaborative supervision and innovative supervision", scientifically and reasonably define the business boundaries and access conditions of various formats, implement regulatory responsibilities, clarify the bottom line of risks, protect legitimate operations, and resolutely crack down on illegal activities.
Peer-to-peer lending includes personal peer-to-peer lending (P2P peer-to-peer lending) and network. Personal peer-to-peer lending refers to direct lending between individuals through the Internet platform. Direct lending on the personal peer-to-peer lending platform belongs to the category of private lending, which is regulated by laws and regulations such as the Contract Law, the General Principles of the Civil Law and relevant judicial interpretations of the Supreme People's Congress. Network refers to the Internet provided to customers by Internet companies through companies controlled by them. The network should abide by the existing company supervision regulations, give full play to the advantages of online loans, and strive to reduce the financing costs of customers. P2P loan business is supervised by China Banking Regulatory Commission.
Is online lending illegal?
Online lending is generally not illegal, because lending is a normal civil activity and is not prohibited by law. Article 675 of the Civil Code of People's Republic of China (PRC) * * * The borrower shall repay the loan within the agreed time limit. If the term of the loan is not agreed or clearly agreed, and cannot be determined according to the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may urge the borrower to return it within a reasonable period of time.
Is online lending illegal?
Network refers to the Internet provided to customers by Internet companies through companies controlled by them. The network should abide by the existing company supervision regulations, give full play to the advantages of online loans, and strive to reduce the financing costs of customers. P2P loan business is supervised by China Banking Regulatory Commission. Online lending itself is not illegal, but it is illegal to induce illegal fund-raising or violent collection in peer-to-peer lending.
Article 6 of "Several Opinions of the Supreme People's Court on People's Trial of Lending Cases" stipulates that the interest rate of private lending can be appropriately higher than that of banks, and people around the country can grasp it according to the actual situation in the region, but the maximum shall not exceed four times that of similar loans from banks. Beyond this limit, the excess interest will not be protected.
Is online lending illegal?
Whether online lending is illegal depends on the situation. If it is normal, it is not illegal to have a business license. If there is no legal procedure for lending, it is suspected of illegal business. Online lending depends on the specific platform. It is illegal for some small platforms if micro-loans are illegal and the loan amount does not match the actual account.
Legal analysis
Is online lending legal or not? Look at it clearly and treat it differently. As a form of Internet finance, online lending does not violate relevant laws and regulations. However, if you deliberately attract others to lend with high interest rates and use the funds for arbitrage or cheat others to lend, it constitutes a crime and should be investigated for corresponding criminal responsibility. Not illegal, but it belongs to it. The legal judgment is that it is not a penalty interest, but only the principal. The interest rate of private personal loans shall be determined by both borrowers and borrowers through consultation, but the interest rate determined through consultation between the two parties shall not exceed four times of the loan interest rate of financial institutions at the same period and the same grade announced by the People's Bank of China (excluding floating). Those who exceed the above standards should be defined as high-interest loans. If it is online, it is also illegal, and the parties need to bear certain legal costs for their actions and be punished by law. It is legal not to exceed the interest rate stipulated by law. The Supreme Law issued a new regulation, taking the one-year loan market quotation (LPR) issued by the National Interbank Funding Center authorized by the People's Bank of China on the 20th of each month as the standard, and clearly determining the upper limit of judicial protection of private lending interest rates. Where there are other provisions in the law, those provisions shall prevail.
legal ground
Article 13 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases shall be deemed as invalid under any of the following circumstances: (1) Borrowing from financial institutions; (2) Lending money from other profit-making legal persons, raising funds from employees of the unit or illegally absorbing funds from public deposits; (3) Lenders who have not obtained the loan qualification according to law provide loans to unspecified social objects for the purpose of making profits; (four) the lender knows or should have known in advance that the borrower's loan is used for illegal and criminal activities, but still provides loans; (5) Violating the mandatory provisions of laws and administrative regulations; (6) Violating public order and good customs.
Whether online banking loan is legal teaches you how to judge whether online lending is legal.
I believe that everyone has been exposed to more and more online loan products. Whether you buy a mobile phone or rent a house or choose an educational institution for your child, you can use the loan. So now you have a lot of loan software on your mobile phone, which is inseparable from our daily life. In addition, there are some online banks, but after all, this is online banking, so there is also some virtuality. Next, let's learn more about whether the online banking loan is legal.
Is online banking loan legal?
Online loan is legal, and it is becoming a trend through peer-to-peer lending. With the advantage of the network, users can complete all the steps of loan application without leaving home, which is very fast. However, not all online lending platforms are formal and legal. For example, the annual interest rate of some online lending platforms exceeds 36%, which is illegal.
Teach you how to judge whether online loans are legal.
1. Look at the popularity of the platform. Some influential platforms in China are basically recognized by law and have also been recognized by many consumers.
2. See if there is a formal company in reality. This company must be approved and registered by the industrial and commercial department;
3, look at the nature of the organization, whether to adhere to the positioning of information intermediary;
4. Look at the guarantee and credit enhancement, whether there is a guarantee for the lender or a commitment to protect the capital, interest and high income;
5. Look at the flow of funds, whether there are peer-to-peer funds entering the p2p platform account, and whether to accept the lender's fund collection to form a fund pool;
6. Look at the marketing method, whether there is public publicity outside the platform for unspecified social objects;
Through the introduction of the above contents, we can know that online banking loans are illegal. In fact, there are many informal online lending platforms at present, and we also need to make detailed judgments. First of all, it depends on the popularity of this platform. In addition, we must look at the nature of this platform, the flow of funds, and the last, crucial and simple way to judge is to look at the interest rate of this platform. I hope everyone should keep their eyes open when applying for a loan.
Is online lending illegal?
Online lending institutions are legal if they have loan qualifications and the interest rate is reasonable and appropriate. If the interest rate exceeds 4 times the quoted interest rate of the one-year loan market when the contract is established, it is illegal, and the interest agreement exceeding the part is invalid. If the borrower requests the lender to return the overpaid interest, the people shall support it.
legal ground
Provisions on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases Article 25 If a lender requests the borrower to pay interest at the interest rate agreed in the contract, the people shall support it, except that the interest rate agreed by both parties exceeds four times the market quotation of one-year loan at the time of the establishment of the contract. The "one-year loan market quotation" mentioned in the preceding paragraph refers to the one-year loan market quotation issued monthly by the National Interbank Funding Center authorized by the People's Bank of China from August 20th, 20th, 20th19th.
So much for the introduction of whether online lending is illegal.