Loans to loans generally appear in real estate transactions. If you want to sell the house you bought with the loan, but you can't get the real estate license because the loan has not been repaid, you can go to the bank with the buyers to handle the "lending" business and transfer the loan under the lender's name to the buyers who have paid the down payment. This process is called bank loan. "High-interest lending" often involves the crime of high-interest lending. According to the relevant laws and regulations of our country, "the crime of lending at high interest is punishable by fixed-term imprisonment of not more than three years or criminal detention, and a fine of not less than one time but not more than five times the illegal income; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined not less than one time but not more than five times the illegal income. Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. The prosecution standard of "large amount" is personal high-interest lending, and the amount of illegal income is more than 50 thousand yuan; The unit lends at high interest rate, and the amount of illegal income is more than 654.38+10,000 yuan; Although it has not reached the above-mentioned amount standard, it should also be investigated for criminal responsibility if it has been subjected to administrative punishment for high-interest lending for more than two times. " Reference articles: Article 175 of the Criminal Law of People's Republic of China (PRC) and Article 23 of the Provisions on the Standards of Case Prosecution.
Second, what is the significance of real estate lending?
Real estate refinancing, also known as subprime mortgage, refers to the fact that buyers sell their houses to others without paying off their loans.
Generally, when the house purchase loan is not settled, the house property right is still in the bank. At this time, in order to conduct real estate transactions, the seller needs to go to the bank with the buyer to handle the loan business.
After the lending business is completed, the mortgage loan will be transferred to the buyer's name. This transaction process is called that the main body of housing refinancing must be financial institutions, otherwise it may constitute a crime of financial institutions trading.
Loan means that an enterprise or individual applies for a new loan from the bank to repay the previous loan before the loan expires, and after the bank agrees, that is to say, the new loan is borrowed from the bank to repay the old one.
Under normal circumstances, special loans are not allowed to borrow the new and return the old. There is another saying about lending, usually the lender will put the name of the loan buyer in his own name.
There are two kinds of lending. One is to borrow the new and repay the old, that is, to apply to the bank before the loan expires, and then apply to the bank for a new loan to repay the old loan after the bank agrees. The other is that an original borrower of housing loan transfers the loan in his own name to the name of the buyer who has paid the down payment to him.
Third, what is the meaning of borrowing?
Lending is actually to turn a loan with high interest rate into a loan with low interest rate, so as to achieve the purpose of lowering interest rate. For example, the bank mortgage interest rate is 5.4%, while the operating loan interest rate is 3.8%. If the mortgage is converted into an operating loan, the interest rate difference between the two loans will be 1.6%, which will definitely save a lot of interest. Extended data; Loan means that banks, credit cooperatives and other institutions lend money to units or individuals who use money, and generally agree on interest and repayment date. Loans in a broad sense refer to loans, discounts, overdrafts and other borrowing funds. Banks put concentrated money and monetary funds out through loans, which can meet the needs of social expansion and reproduction and promote economic development. At the same time, banks can also obtain loan interest income and increase their own accumulation. Review the legal status of the borrower, including its legal establishment and continuous and effective existence. If it is an enterprise, it shall examine whether the borrower is legally established and whether it has the qualifications and qualifications to engage in related businesses, and check the business license and qualification certificate. Pay attention to whether the relevant certificates have passed the annual inspection or related verification. Regarding the credit status of the borrower, check whether the registered capital of the borrower is consistent with the loan; Examine whether there is a clear situation in registered capital flight; Past loans and repayments; And whether the borrower's product quality, environmental protection, tax payment and other illegal conditions may affect the repayment. Regarding the credit status of the borrower, check whether the registered capital of the borrower is consistent with the loan; Examine whether there is a clear situation in registered capital flight; Past loans and repayments; And whether the borrower's product quality, environmental protection, tax payment and other illegal conditions may affect the repayment. In order to reduce the moral hazard of the lender, the borrower and its responsible person should also be specially examined. When issuing loans, financial institutions should not only examine the qualifications, conditions and operating conditions of borrowers, but also strengthen the examination and control of the personal qualities of investors, legal representatives of enterprises and key management personnel. Interest refers to the remuneration paid by the borrower to the lender in order to obtain the right to use the funds, which is the use price of the funds in a certain period (that is, the loan principal). The loan interest can be calculated in detail by the loan interest calculator. In civil law, interest is the legal fruit of principal.
4. What is the significance of foreign exchange lending in the banking industry?
Loan refers to the business of lending money to others (including discounts and bills). The act of investing in money funds but collecting fixed profits or guaranteed profits also belongs to the loan business mentioned here. According to the different sources of funds, loans can be divided into two types: foreign exchange lending business and general lending business: (1) Foreign exchange lending business refers to financial enterprises lending foreign exchange funds directly to overseas and then lending them to domestic enterprises or other units and individuals. After borrowing foreign exchange funds from abroad, the head office of each bank lends them to domestic units or individuals through its subordinate branches, which also belongs to foreign exchange lending business. (2) General loan business refers to all kinds of loans except foreign exchange borrowing. Financial leasing (also known as financial leasing) refers to the equipment leasing business with financing nature and ownership transfer characteristics, which is approved by the People's Bank of China or the Ministry of Foreign Trade and Economic Cooperation (now the Ministry of Commerce) to engage in financial leasing business. Transfer of financial commodities. Refers to the transfer of ownership of foreign exchange, marketable securities or non-commodity futures, including the transfer of shares, bonds, foreign exchange and other financial commodities. Financial brokerage business and other financial businesses refer to intermediary businesses entrusted to operate financial activities on behalf of others, such as entrustment business, agency business and consulting business.