Problems needing attention in entrusted payment of bank loans;
1. Matters needing attention in entrusted payment 1: Entrusted payment has advantages. Entrusted payment helps commercial banks to strengthen the scientific management of the whole process of loans, improve the quality of loan issuance, and is also beneficial to management, which can truly realize loans;
2. Banks have requirements on the proportion of entrusted payment. Now the bank requires that more than 300,000 yuan must be paid by entrustment, because PBOC has requirements on the proportion of entrusted payment.
The fundamental difference between entrustment and agency lies in:
Entrustment refers to the act of signing a power of attorney between the principal and the principal, and the principal carries out civil activities within the prescribed scope of authority. Agency refers to the act of an agent implementing civil law in the name of the principal within the scope of agency authority. The differences between them are as follows:
1. Exercise rights has different names. Agency includes entrusted agency, statutory agency and designated agency, and statutory agency and designated representative are stipulated by law. Entrustment refers to the civil legal activities decided by both parties through contract based on good faith.
2, engaged in different affairs. The behavior involved in agency is based on the expression of will, so the agency must be a civil legal act; Entrustment does not require "expression of will", so the act of entrustment can be a pure transaction.
3. Agency involves three parties, namely the principal, the agent and the third party; Entrustment belongs to the relationship between two parties, namely the principal and the trustee.
To sum up, as long as the agent acts in the name of the principal within the scope of authorization, the principal will bear all responsibilities and enjoy all rights.
Legal basis: Article 929 of the Civil Code of People's Republic of China (PRC).
In a paid entrustment contract, if the principal suffers losses due to the fault of the agent, the principal may request compensation for the losses. In a gratuitous entrustment contract, if the principal suffers losses due to the intentional or gross negligence of the agent, the principal may request compensation for the losses.