Is it illegal to do loan intermediary business?
1. In general, it is legal to do loan intermediary business. There are provisions in the law to support intermediary matching services (that is, loan intermediaries).
2. The loan intermediary should pay attention to the customer's monthly interest. Because the highest law of the country stipulates that only the annualized interest rate is lower than 24%, that is, the monthly interest rate is below 2 points.
3. Even if it is exceeded, the state will not protect it.
Operation process of mortgage loan
(a) to confirm the scope of collateral
(2) materials submitted by the mortgagor
(three) the relevant personnel to the relevant departments to apply for audit.
(four) after the audit is correct, before lending.
Is it illegal for an unlicensed loan intermediary?
This is definitely illegal.
Can investment management companies do loan intermediary business?
Investment management companies can do loan intermediary business.
Investment management company business:
Investment management company is a new type of stock holding company, referred to as PIMC. Its main purpose is to provide other companies with some unfavorable factors such as strategic planning and capital introduction, so as to realize the revival of the company and embody the principle of win-win cooperation and competition.
Business scope: project investment, venture capital, project financing, investment management, strategic planning, asset restructuring, financing listing and private financing.
Is it illegal for an intermediary who introduces a job to collect a deposit?
Not illegal. Intermediaries are also for-profit organizations, not institutions. It is reasonable to charge agency fees, including deposit. This deposit and agency fee have been collected, and individuals will take good care of it. If labor is involved in the future, the deposit generally belongs to the nature of labor dispatch. Don't worry, if you quit, you will be returned.
Penalties for illegal acts of issuing credit loans
Article 186 Any employee of a bank or other financial institution who, in violation of the provisions of laws and administrative regulations, issues credit loans or guaranteed loans to related parties on terms superior to those of similar loans of other borrowers, thus causing heavy losses, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; Whoever causes heavy losses shall be sentenced to fixed-term imprisonment of not less than five years and fined not less than 20,000 yuan but not more than 200,000 yuan.
Staff of banks or other financial institutions who, in violation of laws and administrative regulations, extend loans to people other than related parties, thus causing heavy losses, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; Whoever causes particularly heavy losses shall be sentenced to fixed-term imprisonment of not less than five years and fined not less than 20,000 yuan but not more than 200,000 yuan.
If a unit commits the crimes mentioned in the preceding two paragraphs, 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 two paragraphs.
The scope of related parties is determined in accordance with the Law of People's Republic of China (PRC) Commercial Bank and relevant financial laws and regulations.
Is it illegal for insurance companies to send workers at random?
Combating 1 10 can be punished as disturbing public order.
Legal basis:
Article 23 of the Law on Public Security Administration Punishment commits one of the following acts, and shall be given a warning or fined in 200 yuan; If the circumstances are serious, he shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan:
(1) Disrupting the order of organs, organizations, enterprises and institutions, resulting in work, production, business, medical treatment, teaching and scientific research not being carried out normally, but causing no serious losses;
(2) disturbing the order of stations, ports, docks, airports, shopping malls, parks, exhibition halls or other public places;
(3) disturbing the order on buses, trams, trains, ships, aircraft or other public transport;
(four) illegal interception or forced boarding, boarding motor vehicles, ships, aircraft and other means of transportation, affecting the normal running of vehicles;
Source Zhengzhou lawyer website link
(5) disturbing the election order conducted according to law.
If people gather to commit the acts mentioned in the preceding paragraph, the ringleaders shall be detained for more than 10 and less than 15, and may also be fined less than 1000 yuan.
Is breach of contract illegal?
Hello, breach of contract belongs to the concept of civil law and belongs to civil law. Some breaches of contract are illegal.
Is it illegal to take the test instead?
Taking the test may be suspected of a criminal offence, so please don't take the test casually to avoid criminal punishment.
Is it illegal?
Not in name, but now there is more and more information. If the police want to check, they can find out the problem.
Is it illegal to be a loan intermediary?
It is generally legal to be a loan intermediary. However, the intermediary institution should be a financial information intermediary company established in accordance with the law and specializing in lending information intermediary business activities. Lending information intermediaries shall follow the principles of legality, honesty, voluntariness and fairness, provide information services for both borrowers and lenders, safeguard the legitimate rights and interests of both borrowers and lenders, and shall not provide credit enhancement services, directly or indirectly raise funds or illegally raise funds, and shall not harm the national and social public interests. People's Republic of China (PRC) Company Law Article 5 A company engaged in business activities must abide by laws and administrative regulations, social morality and business ethics, be honest and trustworthy, accept the supervision of the government and the public, and assume social responsibilities. The legitimate rights and interests of the company are protected by law and shall not be infringed.
What are the sentencing rules of online loan intermediaries?
1. What are the sentencing rules for online loan intermediaries? General punishment L. If a natural person commits this crime, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall 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 five 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 the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property. If the circumstances are serious, the so-called serious circumstances mean that the amount is huge or there are other serious circumstances. Among them, the amount is huge. According to the relevant judicial interpretation, it means that the loan amount exceeds 6,543,800 yuan. Other serious circumstances refer to one of the following circumstances: (1) paying a large amount of bribes to the staff of a bank or financial institution in order to defraud loans; (two) squandering loans, or using loans for illegal activities, resulting in loans that cannot be repaid when they expire; (three) concealing the whereabouts of the loan and refusing to repay it after the expiration of the loan period; (four) to apply for a loan by providing false guarantee, and refuse to repay it after the expiration of the loan period; (five) to apply for a loan in the name of others, and refuse to repay the loan after the expiration of the loan period. If the circumstances are particularly serious, the so-called circumstances are particularly serious, which means that the loan amount is particularly huge or there are other particularly serious circumstances. According to the explanation, the former means that the amount is extremely huge, that is, the loan amount is more than 200,000 yuan. The latter is other particularly serious circumstances, which refers to one of the following circumstances: (1) paying bribes to the staff of banks or financial institutions for the purpose of defrauding loans, and the amount is huge; (2) absconding with money; (three) the use of loans for criminal activities. Two. The constitutive requirements of online loan crime The object of this crime is a dual object, which not only infringes on the ownership of loans by banks or other financial institutions, but also infringes on the national financial management system. Loan refers to the monetary funds provided by banks or other financial institutions as lenders to borrowers and repaid the principal and interest at the agreed interest rate and time limit. In modern society, with the increasing demand for funds for national economic and social development, loans play an increasingly prominent role in social and economic life. Banks and other financial institutions not only participate in the flow of enterprises by issuing loans, but also support enterprises to purchase fixed assets and carry out technological transformation to promote production development. At the same time, they also promote the circulation of commodities and the development of science, technology, culture and health. At the same time, with the development of China's loan finance business, illegal and criminal activities of loans have also appeared constantly and intensified. Loan behavior not only infringes the property ownership of banks and other financial institutions, but also inevitably affects the normal loan business and other financial business of banks and other financial institutions, undermining the stability of China's financial order. Therefore, the loan behavior violates the loan ownership of banks and other financial institutions and the national loan management system, which is more harmful to society than the general behavior. Objectively speaking, this crime is manifested in using fictional facts to conceal the truth and obtaining a large number of loans from banks or other financial institutions. First of all, this crime is manifested in the behavior of the actor fabricating facts, concealing the truth and defrauding banks or other financial institutions. The so-called fictional facts refer to fabricating facts that do not exist objectively to defraud the trust of banks or other financial institutions; The so-called concealment of the truth refers to the deliberate concealment of some objective facts, which makes banks or other financial institutions have the illusion. According to the provisions of this article, the methods used by the actor to issue loans mainly take the following forms: 1, fabricating false reasons such as introducing funds and projects to defraud banks or other financial institutions of loans. This situation has occurred frequently in recent years. In Shanghai alone, there are dozens of false investments a year. Criminals usually forge huge sums of money from foreign consortia or "patriotic Chinese in the United States" and deposit them in banks on preferential terms to defraud bank loans and fees. In addition, many criminals fabricated investment projects with good returns and defrauded banks and other financial institutions for loans. 2, the use of false economic contracts from banks or other financial institutions loans. In order to support production, encourage exports and increase the value of limited funds, banks or other financial institutions sometimes issue loans under economic contracts. Some criminals forge or use false export contracts or other economic contracts with good short-term output rate, or loans from banks or other financial institutions. For example, the criminal Zhang forged a company's export supply contract, applied for a loan of several million yuan from a bank in Shanghai with a false contract, and absconded with the money. 3. Use false documents to make loans to banks or other financial institutions. The so-called certification documents refer to the documents needed when applying for loans from banks or other financial institutions, such as letters of guarantee and certificates of deposits. For example, a company borrows millions of yuan from another bank by issuing false deposit certificates through the staff inside the bank. 4, using false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral, defrauding banks or other financial institutions of loans. The title certificate here refers to all documents that can prove that the actor has ownership of real estate such as houses or movable property such as cars, money and bills that can be redeemed at any time. For example, the criminal Zhang used the forged real estate license of a housing development company as collateral to defraud the bank loan of10 million yuan. 5. If banks or other financial institutions issue loans by other means, "other means" means forging the official seal of the unit or sealing it to defraud loans; Using counterfeit money as collateral to defraud loans; Borrow first and then use fraudulent means to refuse to repay the loan. The spirit of this provision is that no matter how the perpetrator borrows money, he should be investigated for criminal responsibility according to this crime. Subject elements The subject of this crime is a general subject, and any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute it, but the unit cannot become the subject of this crime. Employees of banks or other financial institutions who collude with loan criminals to provide them with loan assistance shall be punished as * * * criminals of loan crimes. The so-called collusion, in this crime, refers to the behavior that the staff of banks or other financial institutions collude with the criminals of loans, discuss or plan with each other, cooperate with criminals and help them implement as insiders before or during the implementation. As for the behavior that the staff of banks and other financial institutions collude with other criminals to defraud the money of banks and other financial institutions, we should pay attention to distinguish the nature of the behavior taken by the two kinds of personnel in the same crime. If the staff of financial institutions such as banks are the main ones, the actions taken are mainly carried out by taking advantage of their positions, and others in society just provide help. At this time, the criminal acts committed by the staff of financial institutions such as banks should be dealt with qualitatively, and if they are, they should be punished according to the charges. If it is the crime of duty embezzlement, it should be punished as the crime of duty embezzlement, and other personnel should be punished as the crime of duty embezzlement. If the actions taken are mainly deceptive means of fabricating facts and concealing the truth, and the staff of financial institutions such as banks only provide help, then this crime will be punished qualitatively. We can't treat this crime or other crimes regardless of the situation. Many loan intermediaries are unreliable and donations often flee. Generally, online loan intermediaries are authorized. If there is no authorization, it is also illegal. We know that the emergence of online loans is for people to use, so for most people, the advantages outweigh the disadvantages. But if there is an illegal intermediary, you must report it in time.
Is the loan intermediary illegal?
1, it is not illegal to be a loan intermediary. The main reason is that according to the Civil Code and other legal forms, the market subject's right to borrow and benefit from its own funds is confirmed. Article 40 of the Law of People's Republic of China (PRC) on the Promotion of Small and Medium-sized Enterprises encourages all kinds of social intermediary institutions to provide information consultation, investment and financing, loan guarantee, legal consultation and other services for small and medium-sized enterprises. In most cases, it is legal to be a loan intermediary.
2. With the increase of loan products from the Internet and physical stores, the loan industry has also grown year by year, and the business of loan intermediaries has also appeared and expanded. Some people may think that it is illegal to be a loan intermediary, but it depends. In most cases, it is legal to be a loan intermediary, and it is also supported and protected by law. But it is worth noting that the loan intermediary should pay attention to the customer's loan interest rate. Only if the monthly interest rate is lower than two points is a reasonable and legal loan. If the monthly interest rate of the loan exceeds two points, it belongs to it and is not subject to legal acceptance and protection. It is illegal for loan intermediaries to get involved in business. Therefore, whether the loan intermediary is legal depends on whether the loan product is legal.
First, what is an intermediary?
1, intermediary, is an organization that provides intermediary services to customers. It can't directly provide corresponding services and commodities, but it can find and arrange these services and commodities for you to choose and decide. For example, if you want to hold a small party at home, you need some professional waiters and chefs. You can find these people for you through an intermediary. You may also need a venue layout. Intermediaries can also arrange the purchase and layout of goods.
2. Intermediary institutions refer to institutions that provide notarization, agency, information technology services and other intermediary services for clients through professional knowledge and technical services according to law. There are many intermediaries, mainly trade intermediaries (providing trade information, customers and other related information), service intermediaries (providing information on the tertiary industry, such as domestic companies), network intermediaries (providing services through the network), logistics intermediaries, real estate intermediaries (including rental and sale), used car intermediaries (all kinds of used car service information), marriage intermediaries (arranging blind date and marriage) and so on.
How does the loan intermediary qualitatively detain?
A loan intermediary is an institution that connects banks and small and medium-sized enterprises, helps them lend money and charges a certain fee. If you simply introduce the way of borrowing, you will generally not touch criminal responsibility. However, if the intermediary fraudulently obtains loans from banks or other financial institutions by fabricating facts or forging economic contracts, it may constitute the crime of lending as stipulated in the criminal law and will be detained. The conditions that need to be met are:
(a) loans of more than 40 thousand yuan and less than 50 thousand yuan, one of the following circumstances, that there are other serious circumstances. The loan is 40,000 yuan, and the benchmark sentence is five years; For every 800 yuan increase, the sentence will be increased by one month; If there is any increase, the sentence will be increased by six months:
1. bribing the staff of a bank or financial institution to defraud a large amount of loans;
2, squandering loans or using loans for illegal activities, resulting in loans that cannot be repaid at maturity;
3. Concealing the whereabouts of the loan and refusing to repay it after the expiration of the loan period;
4, provide false guarantee to apply for a loan, after the expiration of the loan period, refused to repay;
5. Apply for a loan in the name of another person and refuse to repay the loan after the loan term expires.
(two) the loan is less than 50 thousand yuan, and the benchmark punishment is five years; For every increase of 3,500 yuan, the sentence will be increased by one month; Every time one of the circumstances specified in the first paragraph is added, the sentence is increased by six months.
Loans of 6,543,800+600,000 yuan but less than 200,000 yuan shall be deemed as "other circumstances are particularly serious" under any of the following circumstances. If the loan is 6.5438+0.6 million yuan, the benchmark penalty interest will be ten years; For every additional 4,000 yuan, the sentence will be increased by one month; If there is any increase, the sentence will be increased by one year:
1. Bribing a huge amount of money to the staff of a bank or financial institution in order to defraud loans;
2. Run away with the loan;
3, the use of loans for criminal activities.
legal ground
Article 193 of the Criminal Law of People's Republic of China (PRC) commits one of the following crimes: whoever borrows a large amount from a bank or other financial institution for the purpose of illegal possession shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also 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 five 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 the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property: (1) fabricating false reasons such as introducing funds and projects; (two) the use of false economic contracts; (3) using false documents; (four) the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral; (5) Loans in other ways.
The introduction of the crime of loan intermediary and the calculation of loan intermediary ends here. I wonder if you found the information you need from it?