The loan of a credit company is legal because it is a financial institution approved by the CBRC according to relevant laws and regulations. Other companies claim to be credit companies without approval, which may lead to crimes.
legal ground
Article 225 of the Criminal Code of People's Republic of China (PRC).
Whoever, in violation of state regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times the illegal income or confiscated property:
(a) without permission, the franchise, monopoly of goods or other goods restricted by laws and administrative regulations;
(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;
(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;
(four) other illegal business activities that seriously disrupt the market order.
Laws and regulations about the company
It is clearly required that the company's enterprise types should be limited liability companies and joint stock limited companies, mainly to facilitate more transparent management of the company's capital contribution and corporate governance, so as to prevent and control risks. In the process of company establishment, the promoters and their contributions can be subject to government supervision; At the same time, with its independent property rights, a corporate can operate more effectively and legally within the scope permitted by laws and regulations, thus achieving the purpose of maintaining and increasing the value of property.
Legal analysis
First of all, as a commercial subject, a company should meet the requirements of relevant company laws and other laws. Secondly, as a special commercial entity engaged in loan issuance, the company must meet the requirements of the law for financial service enterprises. Because the company is not a financial institution, but a non-financial enterprise, the state has not issued special supporting regulations on loan issuance and mortgage registration for this special enterprise. Therefore, in order to avoid violating the regulations that enterprises are not allowed to borrow or borrow in disguised form, the mortgage registration authority adopts conservatism in mortgage registration for non-financial enterprises (including companies), that is, it does not accept the application for mortgage registration put forward by companies. This problem is not only reflected in the real estate trading center, but also encountered the situation that the corresponding registration authority refused to register when the company registered the mortgaged property permitted by law, such as vehicles or machinery and equipment. As an emergency measure, the local company's competent department can take the lead, jointly with the relevant mortgage registration departments, to issue the transitional provisions of the company's mortgage registration, and to formulate local basis for the legalization of the company's mortgage registration.
legal ground
People's Republic of China (PRC) Employment Promotion Law Article 15 The State implements a fiscal policy that is conducive to promoting employment, increasing capital investment, improving the employment environment and expanding employment. The people's governments at or above the county level shall, according to the employment situation and employment objectives, arrange special funds for employment in the financial budget to promote employment. Special employment funds are used for job introduction, vocational training, public welfare posts, vocational skill appraisal, subsidies for specific employment policies and social insurance, interest subsidies for guarantee funds and small-sum secured loans for low-profit projects, and public employment service support. Measures for the administration of the use of special funds for employment shall be formulated by the financial department and the labor administrative department of the State Council.
Guiding opinions on pilot companies. A company is a limited liability company or a joint stock limited company established by natural persons, enterprise legal persons and other social organizations that does not absorb public deposits and operate businesses. A company is an enterprise legal person, with independent legal person property, enjoying legal person property rights, and bearing civil liability for debts with all its property. Shareholders of a company shall enjoy the right to return on assets, participate in major decisions and choose managers according to law, and shall be liable to the company to the extent of their subscribed capital contribution or subscribed shares. The company implements the national financial and economic policies, conducts business within the scope prescribed by laws and regulations, operates independently, assumes sole responsibility for its profits and losses, and undertakes its own risks by self-discipline. Its legitimate business activities are protected by law and are not interfered by any unit or individual.
What are the legal provisions for the legal representative of a loan company?
When a company is established, it must have a corporate legal person, which is clearly stipulated in the company law. The company often lends money, which is different from the loan of the company's legal representative. What are the legal provisions of the legal representative of a loan company? If the company applies for a loan and returns it on time, it will not affect the loan credit of the legal person. 1. What are the legal provisions for the legal representative of a loan company? If the company applies for repayment on schedule, the company's loan credit will not be affected, and if it fails to repay on schedule, it will be affected. When applying for a loan, you should provide: proof of marital status, personal or family income and property status and other repayment ability documents; Agreements and contracts related to the purpose of the loan; Guarantee materials, involving the ownership certificate and list of collateral or pledge, and the appraisal report of collateral (pledge) issued by the appraisal department recognized by the bank. In addition to written materials, there must be collateral. There are many mortgage methods, such as chattel and real estate mortgage, time deposit certificate pledge, securities pledge, movable property pledge with strong liquidity, qualified guarantor guarantee, etc. It is a policy to start small secured loans. Will the bad credit information of legal persons affect corporate loans? That's for sure. Enterprise loan-enterprise loan is defined as a form of credit activity in which banks or other financial institutions lend monetary funds at a certain interest rate and must return them. Enterprise loan-credit investigation Personal credit investigation refers to the activity that a legally established personal credit investigation institution collects and processes personal credit information according to the requirements of users, and provides personal credit information inquiry and evaluation services. Enterprise loan-According to the law, the legal representative of a corporate enterprise is regarded as a legal person's behavior, and all legal rights and obligations arising from his behavior are enjoyed and borne by the legal person he represents. Enterprise loan-conditions 1, original and photocopy of valid identity documents of the borrower and spouse, and proof of marriage relationship; 2, good credit, a stable source of income and the ability to repay the loan principal and interest in full and on time; 3, legal business qualifications, can provide business licenses for individual industrial and commercial households, partnerships, sole proprietorship enterprises, etc. ; 4. Tax payment certificate for production and business activities; 5. Proof that the borrower and spouse promise to repay together; 6. The borrower's pledge certificate, the list of mortgaged (pledged) goods, the ownership certificate, the written documents of some people agreeing to pledge and mortgage the owner and the property; 7. Other information required by the bank. Second, the enterprise loan-impact 1, for enterprise credit loans will check the credit of both husband and wife and enterprise corporate shareholders; 2. If it is only overdue once, the problem is not big, and you can generally apply for a corporate loan; 3. If the legal person has a bad credit record recently, it will affect the application for corporate loans. 4. If the legal person is in arrears for three or more days, it will be difficult to apply for corporate loans. In China, if the legal representative of the company lends money, it needs to be treated differently. If it is a personal natural debt, it should be borne by the individual. If it is a civil act on behalf of the company, it naturally belongs to the company's debt. In addition, the influence of enterprise loans is also introduced.