Local financial supervision departments and China Banking Regulatory Commission. The local financial supervision department is mainly responsible for the normative guidance, filing management and risk prevention of P2P lending intermediaries within its jurisdiction. As for the CBRC, it is mainly to formulate a supervision system for the business activities of information intermediaries in person-to-person lending.
Extended data:
Loan means that banks, credit cooperatives and other institutions lend money to units or individuals who use money, and generally agree on interest and repayment date. Loans in a broad sense refer to loans, discounts, overdrafts and other borrowing funds. Banks put concentrated money and monetary funds out through loans, which can meet the needs of social expansion and reproduction and promote economic development. At the same time, banks can also obtain loan interest income and increase their own accumulation.
The full name of CBRC is: China Banking Regulatory Commission. China Banking Regulatory Commission is a ministerial-level institution directly under the State Council, People's Republic of China (PRC), which is authorized to supervise and manage banking financial institutions in a unified way and safeguard the legal and steady operation of the banking industry.
The CBRC needs to formulate rules, regulations and measures to supervise banking financial institutions; Draft relevant laws and administrative regulations, and put forward suggestions for formulation and revision. To examine and approve the establishment, alteration, termination and business scope of banking financial institutions and their branches.
Online lending is also becoming a trend. With the advantage of the Internet, all the steps of loan application can be completed without leaving home, including understanding the application conditions of various loans, preparing application materials and submitting loan applications, which can be completed efficiently on the Internet. Due to the lack of bank credit system, overdue repayment sometimes occurs.
A large number of lender information published on the Internet platform, many of which are in the name of "loan companies" and "financing companies". In fact, financial institutions must be approved by the state to engage in financial services such as credit financing. Those who engage in financial activities without authorization are often punished for "illegal fund-raising", "illegal absorption of public deposits" and disturbing the order of financial management.
The Office of the Leading Group for the Special Work on Internet Financial Risks issued the Notice on Immediately Suspending the Establishment of Online Small Loan Companies, and decided that the company supervision departments at all levels shall not establish new online (Internet) small loan companies, and prohibit the newly approved small loan companies from conducting business across provinces (autonomous regions and municipalities).
What are the regulatory provisions for the use of loan funds?
According to the relevant laws and regulations of our country, the lender should agree with the borrower on a clear and legal purpose of the loan. Working capital loans shall not be used for fixed assets, equity and other investments, and shall not be used for fields and uses prohibited by the state. The working capital loan shall not be misappropriated, and the lender shall inspect and supervise the use of the working capital loan as stipulated in the contract. Article 10 also stipulates that the CBRC shall supervise and manage the working capital loan business according to these Measures.
legal ground
Interim Measures for the Administration of Working Capital Loans Article 9 The lender shall agree with the borrower on a clear and legal purpose of the loan.
Working capital loans shall not be used for fixed assets, equity and other investments, and shall not be used for fields and uses prohibited by the state.
The working capital loan shall not be misappropriated, and the lender shall inspect and supervise the use of the working capital loan as stipulated in the contract.
Is there a difference between supervised and unregulated loan funds?
The difference between supervision and non-supervision of loan funds;
1: The fund supervision is to transfer the house payment to the account designated by the Housing Authority first, and then sell the house for a week or so to collect money. Without supervision, the money is sent directly to the seller, and the two parties negotiate to pay before or after the transfer.
2. There is no charge for fund supervision, but after the transfer, it should be supervised in the account designated by the Housing Authority for about one week. If a loan is made, the regulator will charge a guarantee fee.
Fund supervision, also known as third-party supervision, is mainly used in real estate transactions, which means that the buyer does not directly pay the house price to the seller, but puts the funds under transparent third-party supervision. Figuratively speaking, fund supervision is equivalent to the "Alipay" we use in online shopping. One is cash on delivery, and the other is transferring the house to the seller.
Operation method of fund supervision:
After the buyer signs a contract to confirm the purchase, the house payment will be frozen before the transfer to ensure the safety of funds. When the seller sees the real house payment, he can also transfer the ownership with confidence. After the transfer, the house payment will be thawed to the owner immediately. Through this model, the buyer can purchase the property smoothly, the seller can receive the house payment quickly, and the transaction can be completed smoothly and orderly.
Benefits of fund supervision to buyers:
① Avoid the risk of house seizure.
Although house verification can avoid the risk of mortgage and seizure of houses to a certain extent, it is difficult to find out whether the seller has other debts, such as private loans, which have not been filed with the Housing Construction Committee and the bank. Once the seller does not pay, the house is at risk of being sealed up. If the down payment is paid directly to the seller, there is no fund supervision, the seller is insolvent, and the buyer's money and house are gone.
(2) to prevent the problem of one room and two sales funds.
According to the regulations, in the case of one room and two sales, who will generally transfer the house? The seller will resell the house to others without your knowledge. If the payment is made directly to the seller, the buyer needs to recover the money through litigation. If the transfer is not under the supervision of funds, the money will still be in the supervision account and will be returned directly to the buyer after the contract is terminated.