If a financial company is not a financial institution or its branch that is approved by the financial supervision department to engage in loan business, its borrowing behavior belongs to private lending; If the finance company is the above-mentioned financial institution or its branch, its borrowing behavior does not belong to private lending. Legal Basis "Provisions of the Supreme People on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases" Article 1 The term "private lending" as mentioned in these Provisions refers to the financing behavior between natural persons, legal persons and unincorporated organizations. These Provisions shall not apply to financial institutions and their branches established with the approval of the financial supervision department and engaged in loan business, which are triggered by the issuance of loans and other related financial businesses. Article 10 The people shall support private lending contracts concluded between legal persons and unincorporated organizations or between legal persons and unincorporated organizations for the needs of production and operation, if the parties claim that they are valid, except for the cases stipulated in Articles 146, 153 and 154 of the Civil Law and Article 13 of these Provisions.

Second, the difference between private lending and financial institution lending.

First of all, private lending is actually a loan contract. Its main purpose is to distinguish it from the lending behavior of financial institutions. The reason why some people think that private lending is different from loan contracts is that, generally speaking, private lending agreements are relatively simple, such as an IOU, with one line; The loan contracts of general financial institutions are relatively detailed and standardized, which leads to the view that private lending and loan contracts are two different things. According to Chinese laws and relevant judicial interpretations, the general limitation of action is 3 years. For IOUs with no agreed repayment period, since there is no specific repayment time, the creditor can claim rights from the debtor at any time, and the debtor can also perform repayment obligations to the creditor at any time, so the statute of limitations of 3 years is not applicable, but the longest statute of limitations of 20 years is applicable. However, if the creditor claims rights from the debtor for the first time and the debtor refuses to perform the repayment obligation, the limitation of action shall be calculated from the time when the creditor knows or should know that the debtor refuses to perform the repayment obligation, and the limitation of action shall be three years. So is the loan contract.

3. What kind of situation does repayment belong to?

Loan repayment cases belong to loan contract cases. If it is a lender or borrower, it can be divided into financial loan contract (credit card if it is a credit card), private lending, enterprise lending, interbank lending, small loan contract and other causes of action. Among them, the most common are financial loan contracts that borrow from banks and private loans that borrow from ordinary people.

4. Is private lending a financial loan?

If a financial company is not a financial institution or its branch that is approved by the financial supervision department to engage in loan business, its borrowing behavior belongs to private lending; If the finance company is the above-mentioned financial institution or its branch, it will borrow money.

legal ground

Article 1 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases.

The term "private lending" as mentioned in these Provisions refers to the financing behavior between natural persons, legal persons and unincorporated organizations.

These Provisions shall not apply to financial institutions and their branches established with the approval of the financial supervision department and engaged in loan business, which are triggered by the issuance of loans and other related financial businesses.

Article 10

Except under the circumstances stipulated in Articles 146, 153 and 154 of the Civil Law and Article 13 of these Provisions, the parties claim that the people should support the private loan contract concluded between legal persons for production and operation.