Local financial supervision departments and China Banking Regulatory Commission. The local financial supervision department is mainly responsible for the normative guidance, filing management and risk prevention of P2P lending intermediaries within its jurisdiction. As for the CBRC, it is mainly to formulate a supervision system for the business activities of information intermediaries in person-to-person lending.
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.
The full name of CBRC is: China Banking Regulatory Commission. China Banking Regulatory Commission is a ministerial-level institution directly under the State Council, People's Republic of China (PRC), which is authorized to supervise and manage banking financial institutions in a unified way and safeguard the legal and steady operation of the banking industry.
The CBRC needs to formulate rules, regulations and measures to supervise banking financial institutions; Draft relevant laws and administrative regulations, and put forward suggestions for formulation and revision. To examine and approve the establishment, alteration, termination and business scope of banking financial institutions and their branches.
Online lending is also becoming a trend. With the advantage of the Internet, all the steps of loan application can be completed without leaving home, including understanding the application conditions of various loans, preparing application materials and submitting loan applications, which can be completed efficiently on the Internet. Due to the lack of bank credit system, overdue repayment sometimes occurs.
A large number of lender information published on the Internet platform, many of which are in the name of "loan companies" and "financing companies". In fact, financial institutions must be approved by the state to engage in financial services such as credit financing. Those who engage in financial activities without authorization are often punished for "illegal fund-raising", "illegal absorption of public deposits" and disturbing the order of financial management.
The Office of the Leading Group for the Special Work on Internet Financial Risks issued the Notice on Immediately Suspending the Establishment of Online Small Loan Companies, and decided that the company supervision departments at all levels shall not establish new online (Internet) small loan companies, and prohibit the newly approved small loan companies from conducting business across provinces (autonomous regions and municipalities).
Which department can manage loans?
Legal analysis: Peer-to-peer lending includes personal peer-to-peer lending (P2P peer-to-peer lending) and network. Personal peer-to-peer lending refers to direct lending between individuals through the Internet platform. Direct lending on the personal peer-to-peer lending platform belongs to the category of private lending, which is regulated by laws and regulations such as the Contract Law, the General Principles of the Civil Law and relevant judicial interpretations of the Supreme People's Congress. Personal peer-to-peer lending should adhere to the platform function and provide intermediary services such as information exchange, matchmaking and credit evaluation for investors and financiers. Personal peer-to-peer lending institutions should clarify the nature of information intermediary, mainly providing information services for direct lending by borrowers and borrowers, and not providing credit enhancement services or illegal fund-raising. Network refers to the Internet provided to customers by Internet companies through companies controlled by them. The network should abide by the existing company supervision regulations, give full play to the advantages of online loans, and strive to reduce the financing costs of customers. P2P loan business is supervised by China Banking Regulatory Commission.
Legal basis: Regulations on the Establishment and Establishment of Local People's Governments at Various Levels.
Article 9 The establishment, cancellation, merger or change of specifications and names of administrative agencies of local people's governments at various levels shall be proposed by the people's governments at the corresponding levels, and shall be reported to the people's governments at the next higher level for approval after being examined by the staffing administration organs of the people's governments at the next higher level; Among them, the establishment, cancellation or merger of administrative agencies of local people's governments at or above the county level shall also be reported to the Standing Committee of the people's congress at the corresponding level for the record according to law.
Article 10 Where the administrative organs of local people's governments at various levels have the same or similar responsibilities, in principle, they shall be undertaken by one administrative organ. If there are objections to the division of responsibilities between administrative agencies, they should take the initiative to resolve them through consultation. If consensus is reached, it shall be reported to the people's government at the same level for the record; In case of disagreement through consultation, it shall be submitted to the organization and staffing administration organ of the people's government at the corresponding level for coordination and submitted to the people's government at the corresponding level for decision.
Eleventh local people's governments at all levels should strictly control the establishment of deliberative and coordinating bodies; If the functions can be entrusted to the existing institutions or the problems can be solved by the existing institutions, no other deliberation and coordination institutions will be established. The deliberation and coordination body established to handle a specific work within a certain period of time shall clearly stipulate the conditions and time limit for its revocation.
Twelfth local people's governments at or above the county level shall not set up a separate deliberation and coordination office, and the specific work shall be undertaken by the relevant administrative agencies.
Article 13 The administrative organs of local people's governments at various levels shall set up necessary internal organs according to the needs of their work and the principle of being capable. The establishment, cancellation, merger or change of specifications and names of administrative agencies of local people's governments at or above the county level shall be reported by the administrative agencies to the staffing administration organs of the people's governments at the corresponding levels for examination and approval.
Who supervises this company?
Legal analysis: The competent units of microfinance companies are: China Banking Regulatory Commission and China People's Bank. In May 2008, the CBRC and the People's Bank of China jointly issued the Guiding Opinions on the Pilot Project of Small Loan Companies, which clarified the nature of small loan companies. Microfinance companies are limited liability companies or joint stock limited companies established by natural persons, corporate legal persons and other social organizations that do not absorb public deposits and operate microfinance business. Small loan companies are legal persons and bear civil liability for their debts with the property of legal persons. Microfinance companies should implement the national financial policies and conduct business within the limits of laws and regulations in accordance with the principles of self-management, self-financing and self-discipline. Their legitimate business activities are protected by law and are not interfered by any unit or individual.
Legal basis: China People's Bank Law of the People's Republic of China.
Article 28 The People's Bank of China may decide the amount, term, interest rate and method of loans to commercial banks according to the needs of implementing monetary policies, but the loan term shall not exceed one year.
Article 30 The People's Bank of China shall not provide loans to local governments and government departments at all levels, and shall not provide loans to non-bank financial institutions and other units and individuals, unless the State Council decides that the People's Bank of China may provide loans to specific non-bank financial institutions. The People's Bank of China shall not provide guarantee to any unit or individual.
Where does Hangzhou Nuoxiang Loan Company belong?
Hello, I'm glad to answer your question. After inquiry, I will find the loan managed by CBRC. China Banking Regulatory Commission supervises loan companies. If the loan company violates the rules, you can complain to the CBRC and report the violations. Related information: Nuoxiang Loan is not a formal online lending platform and will charge a high service fee. It is recommended to borrow from the formal platform and consume rationally. Online lending, mbth is Internetlending, and p2p online lending is the abbreviation of online lending, including personal peer-to-peer lending and commercial peer-to-peer lending. P2P online lending refers to direct lending between individuals through the Internet platform. It is a sub-category of the Internet finance (ITFIN) industry. In 20 12, the number of online lending platforms in China increased rapidly, with about 350 active platforms so far, and the total number reached 3,054 by the end of April 20 15. The essence of internet finance still belongs to finance, and it has not changed the characteristics of financial risks such as concealment, contagiousness, extensiveness and suddenness. Strengthening the supervision of Internet finance is an inherent requirement to promote the healthy development of Internet finance. At the same time, Internet finance is a new thing and a new format. It is necessary to formulate a moderately loose regulatory policy to leave room and space for Internet financial innovation. By encouraging innovation, strengthening supervision and mutual support, we will promote the healthy development of Internet finance and better serve the real economy. Internet financial supervision should follow the principles of "legal supervision, moderate supervision, classified supervision, collaborative supervision and innovative supervision", scientifically and reasonably define the business boundaries and access conditions of various formats, implement regulatory responsibilities, clarify the bottom line of risks, protect legitimate operations, and resolutely crack down on illegal activities. Peer-to-peer lending includes personal peer-to-peer lending (P2P peer-to-peer lending) and network. Personal peer-to-peer lending refers to direct lending between individuals through the Internet platform. Direct lending on the personal peer-to-peer lending platform belongs to the category of private lending, which is regulated by laws and regulations such as the Contract Law, the General Principles of the Civil Law and relevant judicial interpretations of the Supreme People's Congress. Network refers to the Internet provided to customers by Internet companies through companies controlled by them. The network should abide by the existing company supervision regulations, give full play to the advantages of online loans, and strive to reduce the financing costs of customers. P2P loan business is supervised by China Banking Regulatory Commission. I hope this answer can help you.
Which department is responsible for private lending?
Private lending is under the jurisdiction of local people. After the people file a case, if they find that private lending itself is suspected of illegal fund-raising and other crimes, they shall make a ruling to reject it and transfer the clues and materials suspected of illegal fund-raising and other crimes to the public security or procuratorial organs. Article 667 of the Civil Code is a loan contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest. Article 668 A loan contract shall be in written form, unless otherwise agreed between natural persons. The contents of a loan contract generally include terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.
So much for the introduction of where the loan is managed.