The interest rate of loans for production and life between citizens, between citizens and legal persons, and between legal persons and legal persons does not exceed 24%, which are legally and effectively protected by law. However, according to the Provisions on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases, private lending contracts should be deemed invalid and not protected by law under the following five circumstances:
(a) to obtain credit funds from financial institutions and lend them to borrowers at high interest rates, and the borrowers knew or should have known in advance;
(2) The borrower knows or should know in advance that the funds obtained by borrowing from other enterprises or raising funds from employees of the unit are lent to the borrower for profit;
(3) The lender knows in advance or should know that the borrower is still providing loans for illegal and criminal activities;
(4) Violating public order and good customs;
(five) other violations of the mandatory provisions of laws and administrative regulations.
2. Legal knowledge about loans
Manage and control the payment of loan funds according to the contract. Personal loan funds are generally paid to the borrower's transaction object in the form of entrusted payment by the lender, except in some cases: the borrower cannot determine the specific transaction object in advance and the amount does not exceed 300,000 yuan; The counterparty of the borrower does not have the conditions to effectively use the non-cash settlement method; The loan funds are used for production and operation and the amount does not exceed 500,000 yuan.
At the same time, it should be noted that if the borrower pays by itself, the lender should agree with the borrower in advance in the loan contract, requiring the borrower to report or inform the lender of the payment of loan funds on a regular basis.
Post-loan management
After the loan is issued, the lender shall track and monitor the use of loan funds, the borrower's credit standing and guarantee.
At the same time, with the consent of the lender, it can be extended according to the situation: for personal loans within one year, the extension period shall not exceed the original loan period.
3. Who can tell me the basic knowledge of loan?
Basic terms 1. Loan target: China citizens aged 18 to 60 with full capacity for civil conduct.
2. Loan amount: After the borrower provides the pledge, mortgage, third-party guarantee recognized by CCB or has certain credit qualification, the bank will verify the corresponding pledge amount, mortgage amount, guarantee amount or credit amount of the borrower. The pledge amount shall not exceed 90% of the face value of the pledge right certificate provided by the borrower; The mortgage amount shall not exceed 70% of the assessed value of the collateral; The credit line and guarantee line are determined according to the borrower's credit rating.
3. Loan term: the mortgage line is valid for up to 5 years; The expiration date of the validity of the pledged amount shall not exceed the expiration date of the pledged right, and the longest period shall not exceed 5 years; Credit line and guarantee line are valid for 2 years. The validity period of the line shall be calculated from the effective date of the loan contract.
If the borrower applies for two or more lines of pledge, mortgage, guarantee or credit at the same time, the Construction Bank will verify the validity of the borrower's personal consumption line loan according to the shortest line. After the limit expires, it is not allowed to continue to withdraw the remaining limit.
4. Loan interest rate: subject to the loan interest rate regulations of China Construction Bank; 5. Guarantee method: mortgage, pledge, third-party guarantee or credit recognized by CCB. 6. Application materials to be provided: (1) Original and photocopy of the borrower's valid identity certificate; (2) proof of local permanent residence or valid residence identity (3) proof of borrower's loan repayment ability.
Such as the income certificate issued by the borrower's unit, the borrower's tax bill, insurance policy, etc. (4) The borrower's pledge right, the list of collateral and ownership certificate required to obtain the amount of pledge and mortgage, and the written document of the owner and property co-owner agreeing to pledge and mortgage.
(5) A written document in which the guarantor agrees to provide the required guarantee for the borrower to obtain the guarantee amount. (6) Credit certification materials of the guarantor.
(7) Collateral appraisal report issued by the appraisal department recognized by the society; (8) Handling channels and procedures for other documents and materials specified by CCB 1. Handling channel: handling personal car loan business through CCB branches. In some large and medium-sized cities, the auto finance service center set up by CCB specializes in personal auto loan business, and the personal loan center is also a professional accepting institution for auto loans. 2. Handling process: ① Acceptance.
The handling personnel introduce the application conditions, term, interest rate, guarantee, repayment method, handling procedures, default treatment and various expenses that the borrower needs to bear to the customer, and conduct a preliminary examination of the loan conditions, qualifications and application materials of the borrower. ② Investigation.
According to the relevant regulations, investigators take reasonable measures to investigate the authenticity of the materials submitted by customers and evaluate the applicant's repayment ability and willingness. 3 recognition.
Authorize the approver to finally approve and determine the comprehensive credit line and the validity period of the line according to the customer's credit rating, mortgage, pledge and guarantee. 4 distribution.
After the loan conditions are implemented. According to the demand for funds, customers can apply to the bank for withdrawal quota at any time.
⑤ Post-loan management. The loan bank shall, in accordance with the relevant provisions of loan management, supervise and inspect the income status, loan purposes, changes in collateral value and performance status of borrowers and guarantors, and the inspection results shall be recorded in writing and filed.
Supervise the guarantee or credit of the guarantor or borrower, and ask the borrower and guarantor to provide help. ⑥ Loan recovery.
According to the repayment plan and repayment date agreed by the borrower and the borrower in the contract, the loan bank deducts it from the agreed repayment account. The borrower can also repay the loan at the business outlets of the loan bank.
1. Mortgage loan 1. Collateral: the house owned by the borrower or a third party, with the Property Ownership Certificate. 2. Mortgage process: (1) You can go to the county real estate bureau where the property right house is located with the property right certificate to ask whether the property right house is overdue, and you can register the property right mortgage; (2) If you get a clear answer, you can apply for a mortgage loan from CCB's personal comprehensive consumer loan institution with the Property Certificate and relevant personal data; (3) CCB entrusts a real estate appraisal agency to evaluate the applicant's own property, and submits a real estate appraisal report, charging a handling fee of 3‰ of the appraisal value; (4) CCB assists the applicant in handling the formalities of real estate insurance and the corresponding loan approval procedures, with the maximum loan amount not exceeding 70% of the assessed value, and agrees to issue loan contracts and mortgage contracts after approval; (5) The borrower shall go through the mortgage registration formalities with the real estate license and loan contract at the county real estate bureau where the real estate is located, and the agency expenses shall be borne by the borrower; (6) After the mortgage registration is completed, CCB can release the loan to the borrower's personal savings account.
2. Pledged loan 1. Pledged property: the rights certificate legally held by the borrower or a third party, including: (1) securities. Including financial bonds issued by Beijing Branch, AAA corporate bonds and * * * bonds (except those that are not pledged according to laws and regulations); (2) Certificate bonds issued by Beijing Branch (issued after 1999); (3) Personal time deposit certificates in local and foreign currencies and time all-in-one passbook issued by Beijing Branch; (4) Other legal and valid power certificates recognized by Beijing Branch.
2. Pledge process: (1) Apply for a pledge loan to an individual comprehensive consumer loan institution with a certificate of rights; (2) check the certificate of rights, and pledge the qualified ones; (3) CCB receives the pledge right certificate, goes through the loan examination and approval procedures, and the maximum loan amount does not exceed 90% of the face value of the pledge right certificate, and signs a loan contract and a pledge contract with the applicant who has approved the loan; (4) CCB issues loans to the borrower's personal savings account. 3. The borrower of portfolio loan can apply for the same individual comprehensive consumption loan by mortgage or pledge of property right certificate, and the loan amount is accumulated according to the loan amount allowed by the two guarantee methods. The loan process is the same as above.
Four. Credit loan 1. The borrower applies for personal comprehensive consumption loan with his own credit, and CCB determines the loan amount according to the borrower's credit status, with the maximum amount of 600,000 yuan. 2. Information provided by the loan applicant (the following information is acceptable).
4. How to prevent the loan trap
1. First, avoid usury, the interest rate is several times higher than that of the bank, the cash is "discounted", the penalty interest is high, and the interest is accumulated, so we must be cautious. Second, the loan amount should not be too large and exceed our own affordability. There must be profitable and stable investment projects and sources of funds to support debt service.
3. Third, collect loan evidence and materials, and don't be passive in litigation. Unscrupulous small loan companies often disguise illegal and criminal acts as "private lending disputes", and their evidence chain seems to be complete, so they come prepared when they go to court.
4. Fourth, you can support your relatives and friends when you need money badly and the amount is not large. The interest charged by small loan companies is generally high, and it is best for people with poor repayment ability to get involved less, such as college students, young people who have just joined the work and low-income elderly people. Finally, people in the industry remind the public not to borrow money for high consumption, rob Peter to pay Paul, or even gamble, which will lead to a point of no return.
5. Fire prevention tips
1, basic requirements: pupils are not allowed to play with fire. First, don't bring kindling such as matches or lighters; Second, it is not allowed to ignite at will, and it is forbidden to use fire for flammable and explosive materials; Third, it is not allowed to set off firecrackers in public places and throw lit firecrackers around. At the scene of the fire, primary school students and other minors should adhere to the principle of escaping first.
2. Fire treatment methods
If there is a fire at home, don't panic, and take corresponding measures in time according to the fire: if the oil pan catches fire while cooking, quickly cover the lid tightly so that the oil fire in the pan is extinguished due to lack of oxygen, and it is not allowed to be extinguished with water.
When a fire breaks out indoors, doors and windows cannot be easily opened to avoid air convection and form a large-scale fire.
When paper, wood and cloth catch fire, water can be used to put out the fire. When electrical appliances, gasoline, alcohol and cooking oil catch fire, earth, sand and mud and dry powder fire extinguishers can be used to put out the fire.
If the fire is very big, you must report the fire immediately. When you are trapped by fire, you should take different methods to escape according to different situations. If you lean down, cover your nose with a damp cloth.
3. How to call the police in case of fire?
If a fire is found, the most important thing is to call the police, so as to put out the fire in time, control the fire and reduce the losses caused by the fire. The telephone number of the fire alarm is 1 19. This figure should be kept in mind. In any part of the country, the telephone number for reporting fire to the public security fire department is the same. According to this figure, 1 1.9 is designated as the fire safety day every year. You can't call the fire alarm at will. It is illegal to lie about a fire alarm and disturb public order. When there is no telephone, you should shout loudly or take other measures to attract the attention of neighbors and pedestrians, and assist in fire fighting or alarm.
4. How to get out of danger correctly in case of fire?
In case of fire, correct and effective methods should be taken to save oneself and escape, so as to reduce the loss of personal injury and death:
1) Once threatened by fire, don't panic, calmly determine your position, and judge the fire according to the surrounding smoke, light and temperature, and don't act blindly.
2) In the bungalow, if the fire around the door is not big, you should leave the fire quickly. On the other hand, you must choose another exit to escape (such as jumping out of the window) or take protective measures (such as soaking clothes with water, wrapping your head and upper body with warm quilts, etc.). ) before leaving the fire.
3) If you find a fire in a building, don't blindly open the doors and windows, otherwise it may lead to a fire.
4) If you are in a building, don't run around blindly, let alone jump off a building to escape, which will cause undue casualties. You can hide in the room or on the balcony. Close the doors and windows, cut off the fire road and wait for rescue. Conditional, can continue to water the doors and windows to cool down, in order to delay the spread of the fire.
5) In a burning building, don't use the elevator to escape, but take the stairs through the fire escape. Because the elevator shaft often becomes a channel for setting off fireworks after a fire. And the elevator may break down at any time.
6) If the fire is too fierce and you need to jump off a building to escape, you can jump off the second floor, but you should choose a soft ground. At the same time, throw the bedding upstairs to increase the cushion of the ground, and then slide down the window, so as to minimize the falling height and let the feet land first.
7) If you are sure, you can tie one end of the rope (or tear the sheets together) to the window frame and then slide down the ground along the rope.
8) When running away. Try to take protective measures, such as covering your nose and mouth with a wet towel and wrapping your body with wet clothes.
6. Basic knowledge of private lending
The yield of guarantee companies is much higher than that of bank deposits. Does the state support it? According to "Several Opinions of the Supreme People's Court on People's Courts Handling Lending Cases", the interest rate of private lending can be appropriately higher than the bank's interest rate, but it shall not exceed 4 times (including interest rate) of the bank's similar lending rate, and the state will support it as long as it does not exceed 4 times of the bank's lending rate during the same period.
Can private lending deduct interest? According to China's legal provisions and judicial practice, the loan interest shall not be deducted from the principal in advance. If the interest is deducted from the loan, it shall be returned according to the actual loan amount, and the interest shall be calculated.
In the loan relationship, does the person who only plays the role of contact and introduction bear the guarantee responsibility? In the loan relationship, it only plays the role of contact and introduction, and there is no guarantee for the performance of debts, so it does not assume the guarantee responsibility. How does the guarantor bear the responsibility in the loan contract dispute? After the loan debt of the guarantor expires, if the debtor is solvent, the debtor shall bear the responsibility; If the debtor is unable to perform the debt or the debtor's whereabouts are unknown, the guarantor shall bear joint and several liability.
7. What should I pay attention to to to avoid loan disputes?
First, check the identity.
Ask an individual or unit whether to borrow money. If the identity of the debtor is unknown, it is possible to shirk between the unit loan and the personal loan in the lawsuit, which will bring trouble to the realization of the creditor's right.
At the same time, it is best to leave a copy of the borrower's ID card to prevent possible lawsuits in the future without knowing the other party's basic situation. Second, ask the purpose.
The General Principles of the Civil Law stipulates that legal lending relations are protected by law, and civil acts that violate laws, social public interests and cover up illegal purposes in a legal form are invalid. Therefore, it is important to know the purpose. If you know that borrowing money is used for gambling, fraud and other illegal activities, you may not only lose your money, but also be fined.
Third, find out the credit. It is necessary to comprehensively analyze and evaluate the repayment ability and credit from the details of whether the usual exchanges are generous, whether the money is planned, and whether there is legal income.
For those in urgent need, such as seeing a doctor, going to school, building a house, etc. They can borrow it with confidence. Never lend money to those who are generous, profligate and dishonest.
Because, according to the law, even if the lawsuit exhausts legal means and has no repayment ability, it will be difficult to implement in the end. Fourth, provide guarantees.
After the loan debt of the guarantor expires, if the debtor is unable to pay off, unable to pay off or the debtor's whereabouts are unknown, the guarantor shall bear joint and several liabilities. Therefore, to be on the safe side, the borrower can be required to provide a guarantee or a third party can act as a guarantor, and the amount can also be notarized. When the borrower provides guarantees such as houses, vehicles or registered bonds, stocks, fixed deposit books, etc., it should carefully examine the validity of the certificates and register with the relevant departments.
Fifth, set a good return date. If both parties have an agreement on the return period, it shall generally be in accordance with the agreement; If there is no agreement, you can ask for the return at any time; If it cannot be returned temporarily, it can be returned by stages.
Although there is no agreed repayment period, you can ask for it at any time, but it gives the borrower the opportunity to delay. It is beneficial to timely repayment to agree on timely repayment when lending money.
Sixth, sign an IOU for private lending. Once the borrower denies it, it is difficult to prove it, and the lawsuit to the court is also unsuccessful.
Therefore, it is necessary to conclude a written agreement or write an iou, and write clearly the legal contents such as the names, addresses, loan amount and repayment time of both parties. At the same time, the borrower is required to write the loan in person and sign it in person, preferably with someone present.
Seventh, don't be greedy for profits. High interest rate, rolling interest, borrowers often use high interest rate as bait to borrow money or illegally raise funds.
According to relevant regulations, the interest rate of private lending can be appropriately higher than that of bank lending, and interest can be calculated according to the interest rate of similar loans of banks in case of interest rate disputes. If the lender includes interest in the principal to calculate compound interest, it will not be protected; If the interest is deducted from the loan, the interest shall be calculated according to the actual loan amount; The highest interest rate shall not exceed 4 times the interest rate of similar loans of banks, and the interest exceeding the part shall not be protected; If interest is included in the principal to calculate compound interest, only the principal will be returned.
Eighth, pursue in time. If you can't pay it back when it expires, you must chase it in time.
If it still cannot be returned, it should be prosecuted in time. Because article 135 of the General Principles of Civil Law stipulates that the limitation of action for requesting protection from the court is two years.
Otherwise, you may lose the right to win the lawsuit and get the loan back.
8. How to prevent the risk of usury?
There has always been a legend about usury in the society. Many people have heard of the bad debt collection method of usury institutions and have always been very afraid of usury.
But people want to guard against risks if they accidentally borrow usury or have to borrow usury. Pay attention and learn more.
First, how to prevent the risk of usury must first enhance the risk awareness and law-abiding awareness of private lending, and guide and standardize legal private financing behavior from the legal level. Secondly, it is necessary to further strengthen the coverage of credit services for small and micro enterprises, optimize financial services, and reduce or eradicate the living soil of usury.
Third, guide private lending from "underground" to "above ground" to make it sunny and standardized. Actively promote the guidance and standardization of private lending, first try the private lending registration service center, and establish information tracking on interest rates, channels, scale and uses of private lending; And further registered in the credit information system, and finally implemented the report filing system.
Insist on cracking down on illegal fund-raising and public deposits, and purify the order of private lending. Fourth, we should strengthen intermediary supervision.
Establish financial intermediaries and activity supervision centers such as unlicensed financing, advance financing, fund allocation and lending services, and bring all kinds of financing intermediaries and their activities into the scope of supervision. Fifth, it is necessary to establish a "blacklist" system for private lending and prohibit the emergence of special usurers in private financial markets that disrupt market order.
Second, which loans belong to usury? Usury refers to loans that require particularly high interest rates. Or big ears, underground money houses, these money lenders, now called "money lenders", borrow money from "usurers" without mortgage or even written evidence.
It came into being at the end of primitive society and was the basic form of credit in slave society and feudal society. In other words, before the emergence of capitalist society and the establishment of modern banking system, private lending was of high interest.
Usury, as a cruel means to deprive borrowers of private property, was particularly prevalent in the old society of China. The most common is the so-called snowballing, that is, those who fail to repay within one month turn their profits into principal, and the principal is upside down, which is the most severe form of compound interest calculation. Usury is prone to risks and all kinds of serious consequences, especially the means of debt collection by usury may make borrowers miserable. I advise you not to borrow usury under any circumstances.
I suggest you click on the online consultation system to find a lawyer to consult the risk prevention measures of usury or how to face usury.