There is nothing illegal about the loan platform on the mobile phone, but the way of borrowing is different from the traditional way of borrowing. The key to generating electronic contracts and conducting loan transactions through online platforms is to see whether the loan relationship is legal. As long as the source of funds is legal and the money is truthfully delivered to the borrower, the law supports the interest of 2-3% per month;
It is suggested to apply for loans through formal channels: for example, Agricultural Bank of China (ABC), the definition of Netjet loan refers to the small consumer loans granted by ABC to individual customers who meet certain conditions in cash, and the customers apply for them themselves, receive them quickly, automatically approve them, and use their own letters.
Application conditions
1. At least 18 years old and not more than 60 years old, with China nationality and full capacity for civil conduct.
2. Hold legal and valid identity documents.
3. Our e-banking customers and holders of security authentication tools issued by our bank. (Currently only second-generation KBao customers are supported)
4. Good credit status,
5. There is no unexpired "NetJet Loan" quota, and there is no outstanding "NetJet Loan" balance.
6 stable income, with the ability to repay credit on schedule.
7. The loan is used reasonably, and the loan amount applied by NetJet is clearly 3,000-300,000 yuan; The loan amount is valid for 30 days, and the borrower needs to use the loan within the validity period. The loan amount cannot be applied, approved and issued in a few minutes.
Is online lending illegal?
Whether online lending is illegal depends on the situation. If it is normal, it is not illegal to have a business license. If there is no legal procedure for lending, it is suspected of illegal business. Online lending depends on the specific platform. It is illegal for some small platforms if micro-loans are illegal and the loan amount does not match the actual account.
Legal analysis
Is online lending legal or not? Look at it clearly and treat it differently. As a form of Internet finance, online lending does not violate relevant laws and regulations. However, if you deliberately attract others to lend with high interest rates and use the funds for arbitrage or cheat others to lend, it constitutes a crime and should be investigated for corresponding criminal responsibility. Not illegal, but it belongs to it. The legal judgment is that it is not a penalty interest, but only the principal. The interest rate of private personal loans shall be determined by both borrowers and borrowers through consultation, but the interest rate determined through consultation between the two parties shall not exceed four times of the loan interest rate of financial institutions at the same period and the same grade announced by the People's Bank of China (excluding floating). Those who exceed the above standards should be defined as high-interest loans. If it is online, it is also illegal, and the parties need to bear certain legal costs for their actions and be punished by law. It is legal not to exceed the interest rate stipulated by law. The Supreme Law issued a new regulation, taking the one-year loan market quotation (LPR) issued by the National Interbank Funding Center authorized by the People's Bank of China on the 20th of each month as the standard, and clearly determining the upper limit of judicial protection of private lending interest rates. Where there are other provisions in the law, those provisions shall prevail.
legal ground
Article 13 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases shall be deemed as invalid under any of the following circumstances: (1) Borrowing from financial institutions; (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.
Is mobile phone loan illegal?
The behavior of mobile phone loan, if the parties fail to repay the loan as agreed, is a breach of contract and not an illegal crime. Please verify and determine the details according to the actual situation.
Is it illegal for others to use my mobile phone to borrow money on the lending platform without my knowledge?
It is illegal to borrow money from the lending platform with the customer's mobile phone without the customer's knowledge.
Legal analysis
Usually, after the mobile phone is used as a loan by others, the consequences that individuals need to bear are:
1. The loan did not appear.
Usually, without the owner's knowledge, others borrow money by mobile phone. After the loan expires, the bank will come to the door and ask the parties to repay the loan amount.
2. Debts and lawsuits.
If the mobile phone owner finds out that he is a "loan" rather than a "loan", there will be debts. Once the bank finds out, it will take the mobile phone holder as the defendant. Therefore, if you find that an individual has been "loaned", you should choose to call the police at the first time.
3. Take the repayment obligation and then recover.
If the repayment is not made in time, the bank will report it directly to the mobile phone owner. Usually, due to the lack of strong evidence, mobile phone owners often lose the case. After losing the case, the mobile phone owner must first bear the obligation to repay the debt. If it is not returned in time, the bank will recover the debt.
4. There will be a credit stain.
If the actual borrower fails to repay the loan on time, the credit stain will be recorded in the name of the mobile phone holder. What we have to do now is to call the police, and we must be able to produce evidence to prove that we did not personally handle the loan, otherwise we will bear the legal responsibility for repaying the loan. You can sign your IOU with Judge shenqing's signature, but I didn't sign it. Take a bank video when you apply for a loan to prove that I didn't do it.
legal ground
Article 42 of the People's Republic of China (PRC) Public Security Administration Punishment Law shall be detained for less than five days or fined less than five hundred yuan for any of the following acts; If the circumstances are serious, he shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan: (1) writing threatening letters or threatening the personal safety of others by other means; (2) publicly insulting others or fabricating facts to slander others; (3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment; (4) Threatening, insulting, beating or retaliating against witnesses and their close relatives; (5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others; (6) Peeping, eavesdropping or spreading others' privacy.