Legal basis: Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases.
Article 9 A loan contract between natural persons shall be deemed to be established under any of the following circumstances:
(1) Pay in cash from the date when the borrower receives the loan;
(2) If the payment is made by bank transfer or online electronic remittance, it shall be counted from the time when the funds reach the borrower's account;
(3) If the bill is delivered, it shall be from the date when the borrower obtains the bill right according to law;
(4) When the lender authorizes the borrower to control a specific fund account, the borrower obtains actual control over the account;
(5) The lender provides the loan in other ways agreed with the borrower and actually performs it.
Thirteenth in any of the following circumstances, the people's court shall consider the private loan contract invalid:
(a) Obtaining loans from financial institutions for lending;
(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.