Personal lending should be illegal, and personal lending is suspected of being illegal. "Reverse loan" and "re-loan" usually mean that customers directly apply for new loans in banks to repay old loan debts, commonly known as "reverse loans". In the process of "reverse lending", the involvement of some private capital makes private lending active to some extent.

The phenomenon of "non-performing loans" masks the risk of non-performing assets, which seriously affects the normal operation of financial institutions, the management of banking supervision departments and the central bank, and is not conducive to leadership decision-making and analysis. Irregular private lending has seriously affected the financial order, and also brought heavy debt repayment burden to farmers.

Risk response measures: standardize private lending according to law, provide special services for farmers, improve rural credit guarantee mechanism, and improve rural credit guarantee mechanism.

I. There is a guarantor in the loan contract.

Article 39 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Guarantee Law of People's Republic of China (PRC) stipulates that if the parties to the main contract agree to replace the old with the new, the guarantor shall not bear civil liability, except what the guarantor knows or should know. Where the new loan and the old loan are the same guarantor, the provisions of the preceding paragraph shall not apply. That is, when the guarantor of the new loan contract and the original credit contract is the same person, or the guarantor is different, but the guarantor knows or should know that the purpose of the new loan is to "borrow the new and return the old", the guarantor assumes the guarantee responsibility at this time, otherwise, the guarantor can be exempted from the guarantee responsibility. Therefore, under the new credit contract, the bank should ensure the written consent of the guarantor for the loan and use.

Second, the loan contract is secured by mortgage.

Can Article 39 of the Interpretation of Guarantee Law be applied to the field of mortgage guarantee? The Supreme People's Court ruled that if the loan contract is mortgaged by the property of a third party, the third party may be exempted from the responsibility of mortgage guarantee if he doesn't know the purpose of the new loan. However, if the third party is also the mortgage guarantor of the original credit contract, or the mortgaged property is the debtor's own property, the above opinions are not applicable. At the same time, if the new credit contract is mortgaged by the property of a third party, and the third party goes bankrupt within one year, the mortgage guarantee can be revoked by the people according to the provisions of the enterprise bankruptcy law.

Three. Matters needing attention in mortgage registration under the condition of borrowing new and returning old.

Under the new credit contract, the secondary mortgage registration is directly carried out on the original collateral. Due to the liquidation of the original credit contract, the original mortgage was eliminated, so the secondary mortgage registration directly became the first level. At this time, the decompression of the original mortgage and the registration of the new mortgage should be closely linked. To prevent the existence of a window period, resulting in the collateral being sealed up by other creditors or mortgage registration. However, before the signing of the new credit contract, if there are other mortgage rights enjoyed by non-banks on the collateral, the above measures are not applicable. If the value of collateral exceeds the assessed value, the bank shall cancel the original mortgage registration first, and then re-apply for a new mortgage registration. Similarly, the two should be closely linked for the same reason.

In addition, when the original credit contract is changed from loan to new loan, the status of collateral should also be investigated, which should be determined according to the operating conditions of the borrower, guarantor and mortgagor. If the collateral or pledge is sealed up, the bank may not handle the business of "lending new loans to the old" with the borrower on the principle of strict prudence.

Can I go directly to the bank for a loan?

Of course.

The so-called bank lending means "borrowing new loans to repay the old", and the "borrowing new loans to repay the old" of loans directly handled by banks, commonly known as "returning loans", can be easily done in both banks.

How to take steps to reverse the loan? Can you be more specific? For example, customer mortgages. Bank relations. Will the loan be approved?

The general process of reverse loan:

1. When an enterprise applies for a sample loan, the guarantee company will determine the loan method (entrusted loan or short-term loan) after approval.

2. Guarantee companies and enterprises. Banks sign entrusted loan contracts (loan contracts) and asset mortgages (pledge contracts), and account fund supervision agreements:

3. Guarantee companies lend money to the gold industry;

4. The enterprise repays the original payment;

5. The bank issues the second payment to the enterprise:

6. The enterprise repays the entrusted payment or short-term loan of the guarantee company with the second bank loan;

7. The guarantee company shall return the mortgaged assets of the enterprise and unfreeze the supervision account.

The so-called bank lending means "borrowing new loans to repay old ones", and the loans directly handled by banks "borrowing new loans to repay old ones", commonly known as "returning loans", can generally be repaid in two banks.

Countermeasures for the risk of bank loan reversal: the phenomenon of "loan reversal" masks the risk of non-performing assets, seriously affects the normal operation of financial institutions, the management of bank supervision departments and the central bank, and is not conducive to leadership decision-making and analysis. Informal non-governmental secondment has seriously affected the financial order, and also made farmers bear a heavy debt repayment burden.

1, regulate private lending according to law, and severely crack down on illegal private financing such as fraud. We should formulate the Administrative Measures for Private Lending as soon as possible, speed up the legislative work of private financing, standardize the development of private financing, and strengthen the research, analysis, standardization and guidance of gray and semi-legal private financing while encouraging and supporting legal and compliant private financing behavior and promoting the development of direct financing; The People's Bank of China should cooperate with financial supervision departments and other law enforcement departments to resolutely crack down on illegal private financing, that is, illegal fund-raising activities.

2. Provide special services for farmers, and make agricultural loans move towards a benign track. We should vigorously promote rural financial reform, standardize the rural financing pattern, actively promote the establishment of village banks and financial institutions that benefit the people, and attract idle private lending funds into the financial track with the characteristic services of simple procedures and flexible business. Agricultural financial institutions should strengthen their awareness of serving agriculture, countryside and farmers, and set the time for lending and collecting loans scientifically and reasonably from reality. For example, before preparing for spring ploughing production,

3. Improve the rural credit guarantee mechanism to provide short-term guarantee for farmers. Relevant government departments should strengthen their support for rural credit guarantee institutions, establish and improve the incentive and restraint mechanism of credit guarantee institutions, mobilize the enthusiasm of guarantee institutions, encourage agricultural financial institutions and guarantee institutions to explore effective business cooperation mechanisms, and encourage guarantee institutions to boldly create a variety of applicable rural guarantee mechanisms within the framework determined by relevant laws and regulations. When farmers are temporarily unable to repay their loans, guarantee companies provide short-term guarantee services for farmers, so that farmers can repay their old debts in time.

4. Strengthen credit propaganda and guide farmers to manage their finances correctly. For the purpose of cultivating modern financial awareness, credit awareness and advocating credit concept, we should widely publicize and popularize credit information and related financial knowledge to farmers, strengthen the guidance of rural economic entities' financial concepts, consumption concepts and credit behaviors, enhance farmers' credit awareness and risk awareness, and actively create a good social atmosphere of "keeping promises is glorious and breaking promises is shameful".

What does reverse loan mean?

Bank reverse loan usually refers to the customer directly applying for a new loan in the bank to repay the old loan debt, commonly known as "reverse loan". In the process of "reverse lending", the involvement of some private capital makes private lending active to some extent.

Reasons for formation:

Judging from the reasons for the emergence of private lending, firstly, the need for borrowers to maintain a good personal credit record provides space for this kind of private lending. In the survey, only 68% of farmers actually use loans for agricultural production, 24% of farmers use loans for building houses, getting married for their children and even buying luxury goods such as family cars, and the remaining 8% of farmers use loans for other purposes. When it's time to repay the loan, many people can't afford it. Therefore, private lending promoted by "reverse lending" has become the main way for them to "maintain" their credit and continue to use loans. In the survey, 28% of farmers need "reverse loans".

The content of this article comes from: China Law Publishing House "General Knowledge Series of Legal Life"

Is reverse loan illegal?

It is illegal to cancel a loan.

Reverse lending is suspected of illegal crime, and the judicial interpretation is the crime of lending at high interest rate. The crime of usury refers to the act of taking credit funds from financial institutions, usury to others, and a large amount of illegal income. For the purpose of lending, if the amount of illegal income is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be fined 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. General process of loan-to-loan:

1. When an enterprise applies for a reverse loan, the loan method (entrusted loan or short-term loan) will be determined after the guarantee company approves it.

2. Loan contract (loan contract), asset mortgage (pledge) contract and account fund supervision agreement signed by the guarantee company with enterprises and banks;

3. Guarantee companies lend money to enterprises;

4. The enterprise repays the original loan.

5. The bank issues the second loan to the enterprise;

6. The enterprise repays the entrusted loan or short-term loan of the guarantee company with the second bank loan;

7. The guarantee company shall return the mortgaged assets of the enterprise and unfreeze the supervision account.

In order to control the use of loan funds, the guarantee company signed an account fund supervision agreement with banks and enterprises, stamped the financial chapter and small chapter of the guarantee company on the enterprise supervision account, and regarded the supervision account as the loan account of the applicant company in this loan application bank. After the loan is transferred to the supervision account, the applicant enterprise must use the allocated funds according to the pre-agreed fund use plan and purpose, and each fund transfer must be reviewed and approved by the guarantee company according to the fund use plan before lending.

legal ground

Criminal law of the people's Republic of China

Article 186 Any employee of a bank or other financial institution who issues loans in violation of state regulations and the amount is huge or causes heavy losses shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is especially huge or especially heavy losses are caused, he shall be sentenced to fixed-term imprisonment of not less than five years and fined not less than 20,000 yuan but not more than 200,000 yuan.

Is reverse loan illegal?

Reverse loan is illegal and suspected of illegal crime. Judicial interpretation is the crime of usury. The crime of usury refers to the act of taking credit funds from financial institutions, usury to others, and a large amount of illegal income. Illegal loans, the amount of more than one million yuan and direct economic losses of more than two hundred thousand yuan, the relevant departments should file a case for prosecution.

Legal analysis

Reverse loans are illegal. If the amount of loans illegally issued by individuals is more than one million yuan, and the amount of loans illegally issued by units is more than two million yuan, it shall be deemed as a huge amount; If the amount of loans illegally issued by individuals is more than10 million yuan, and the amount of loans illegally issued by units is more than 20 million yuan, it shall be deemed that the amount is particularly huge; Individuals illegally issuing loans, resulting in direct economic losses of more than 5 million yuan, and units illegally issuing loans, resulting in direct economic losses of more than 1000 million yuan, should be considered as particularly significant losses. Only those who meet the loan conditions will the bank issue loans. The loan needs to be repaid. If you don't repay on time, you need to pay a late fee. Failure to pay back for more than three months is an act. Banks can report the case, bear criminal responsibility and repay the arrears, which will become the blacklist of banks. Banks or their financial institutions and their staff who issue loans in violation of state regulations and are suspected of one of the following circumstances shall be put on file for prosecution: (1) illegally issuing loans with an amount of more than one million yuan; (two) illegal loans, resulting in direct economic losses of more than two hundred thousand yuan. Employees of banks or other financial institutions who issue loans to related parties in violation of state regulations shall be severely punished in accordance with relevant laws. If a unit commits a crime, it shall be fined, and the person in charge and other persons who are directly responsible for it.

legal ground

Article 186 of the Criminal Law of People's Republic of China (PRC) * * * Any employee of a bank or other financial institution who issues loans in violation of state regulations and the amount is huge or causes heavy losses shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is especially huge or especially heavy losses are caused, he shall be sentenced to fixed-term imprisonment of not less than five years and fined not less than 20,000 yuan but not more than 200,000 yuan. Employees of banks or other financial institutions who issue loans to related parties in violation of state regulations shall be given heavier punishment in accordance with the provisions of the preceding paragraph. If a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding two paragraphs. The scope of related parties is determined in accordance with the Law of People's Republic of China (PRC) Commercial Bank and relevant financial laws and regulations.