(I) Legal basis for the operation and charging of P2P online lending platform: Article 424 of the Contract Law of People's Republic of China (PRC) stipulates that an intermediary contract is a contract in which the broker reports the opportunity to conclude a contract to the client or provides media services for concluding a contract, and the client pays remuneration.
Article 426 of the Contract Law of People's Republic of China (PRC) stipulates that if the trustee-trader facilitates the establishment of the contract, the client shall pay the remuneration as agreed. (II) Provisions of the loan agreement: Article 10 of the Supreme People's Court's Opinions on Handling Loan Cases by People's Courts: A loan relationship formed by one party in violation of its true meaning by means of fraud or coercion or by taking advantage of the danger of others shall be deemed invalid.
Article 11 of the Supreme People's Court's Opinions on People's Courts Handling Lending Cases: Lenders know that borrowers borrow money for illegal activities, and their lending relationship is not protected. (III) Provisions on providing guarantee for loans: Article 198 of the Contract Law of People's Republic of China (PRC) stipulates that the lender may require the borrower to provide guarantee when concluding a loan contract.
The guarantee shall comply with the provisions of the Guarantee Law of People's Republic of China (PRC). Article 13 of the Supreme People's Court's Opinions on People's Courts Handling Loan Cases: In the loan relationship, the person who only plays the role of contact and introduction does not assume the guarantee responsibility.
If there is a real intention to guarantee the performance of the debt, it shall be recognized as a guarantor and bear the guarantee responsibility. Article 2 1 1 of the Contract Law of People's Republic of China (PRC): "If there is no agreement or unclear agreement on interest payment in the loan contract between natural persons, it shall be regarded as no interest payment.
If the loan contract between natural persons stipulates to pay interest, the loan interest rate shall not violate the relevant provisions of the state on limiting the loan interest rate. Article 6 of the Supreme People's Court's Opinions on People's Courts Handling Lending Cases: "The interest rate of private lending can be appropriately higher than that of banks.
The local people's courts can specifically grasp the actual situation in the region, but the maximum interest rate of similar loans of banks shall not exceed four times (including interest rate clauses). Beyond this limit, the excess interest will not be protected. "
Chapter 23 "Intermediary Contract" of People's Republic of China (PRC) Contract Law clearly stipulates that an intermediary can provide intermediary services concluded in a loan contract and collect corresponding remuneration from the principal according to law. Therefore, the existence of loan service institutions and the collection of service fees are in line with the law and protected by law.
Extended data:
1. Illegal online lending: 1, financing for yourself or in disguised form. Interpretation: Preventing illegal financing.
2. Directly or indirectly accept and collect the lender's funds. Interpretation: Peer-to-peer lending should comply with the requirements of individuals and individual lending.
All funds are entrusted to the bank to ensure safety and prevent "running away". 3. Directly or in disguised form, provide guarantee to the lender or promise to protect capital and interest.
Interpretation: Only banks can protect capital and interest. If the online lending platform claims this, it is misleading and exaggerated.
4. Publicize or promote financing projects in physical places other than the Internet, fixed telephones, mobile phones and other electronic channels by themselves or by entrusting or authorizing third parties. Interpretation: you can't land, you must abide by the essence of the network, and you can't cross the border.
5. Issue loans, except as otherwise provided by laws and regulations. Interpretation: Loans are the business of banks.
6. Time limit for splitting financing projects. Interpretation: The project fundraising period cannot be ended and cannot be effectively supervised.
7. Raise funds by selling financial products such as wealth management, and sell financial products such as bank wealth management, brokerage asset management, funds, insurance or trust products on a commission basis. Interpretation: Is this a bank agency business, or can't it cross the border? 8. Carry out asset-like securitization business or realize the transfer of creditor's rights in the form of packaged assets, securitized assets, trust assets and fund shares.
Interpretation: This is an asset management business and cannot be crossed. 9. Unless permitted by laws, regulations and regulatory provisions related to peer-to-peer lending, mix, bind or act as an agent in any form with other institutions' investment, agency sales, brokerage and other businesses.
Interpretation: Internet finance cannot invade real finance. Risk isolation of the system.
10. Fictitious, exaggerating the authenticity and income prospects of financing projects, concealing the defects and risks of financing projects, making false one-sided propaganda or promotion by ambiguous language or other deceptive means, fabricating and spreading false information or incomplete information to damage the commercial reputation of others and mislead lenders or borrowers. Interpretation: To be an intermediary, we must be honest.
1 1. Provide information intermediary services for high-risk financing such as investment in stocks, over-the-counter fund allocation, futures contracts, structured products and other derivatives. Interpretation: To maintain the direction of serving the real economy, we must not flow into the virtual economy.
12, engaged in equity crowdfunding and other businesses. Interpretation: Equity crowdfunding is another area of Internet finance that cannot be crossed.
13, other activities prohibited by laws and regulations and regulatory provisions related to peer-to-peer lending. 2. Precautions for online lending: Everything is a double-edged sword, and so is online lending. There are advantages and disadvantages, and there will always be some lawless elements who exploit loopholes and seek personal gain.
Therefore, we should pay attention to the following points when making online loans: 1. Choose well-known banks and financial institutions. Well-known banks are guaranteed and have high credibility.
2. Don't be confused by "not interested". There is no free lunch in the world, and the same unpaid loan is risky.
3. Look at the terms of the contract. Before signing the contract, you should read all the terms clearly, and don't blindly agree or acquiesce.