Legal analysis: all loans are collected by third parties, some are corporate loans and some are private loans. Third-party loans are only used as funds and have nothing to do with the loans themselves, so there is no risk for third-party recipients.

This is stipulated in the three measures and one guideline of the CBRC. The technical term is entrusted payment, which means that after the loan, the loan should be transferred to your counterparty according to the purpose of the loan you applied for, and the third party will not bear any legal responsibility.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 681 A suretyship contract is a contract in which the surety and the creditor agree that the surety will perform the debt or assume the liability when the debtor fails to perform the due debt or the circumstances agreed by the parties occur.

Article 682 A suretyship contract is an accessory contract to the principal creditor's rights and debts contract. If the principal creditor's rights and debts contract is invalid, the guarantee contract is invalid, unless otherwise stipulated by law. If the debtor, guarantor and creditor are at fault after the guaranty contract is confirmed to be invalid, they shall bear corresponding civil liabilities according to their faults.

Second, what is the loan being collected by a third party?

According to the contract law, paying money to a third party according to the regulations is regarded as the borrower's borrowing obligation. If it cannot be repaid, it needs to be repaid by the borrower, which will not affect the third-party payee.

This is called entrusted payment in operating loans, which is a way to explain the purpose of your loan. It is suggested that companies entrusted by third parties choose companies they can trust, and it is best to provide them themselves.

Entrusted payment is a payment method of loan funds, which means that the lender (a legally established banking financial institution) pays the loan funds to the borrower's transaction object according to the borrower's withdrawal application and payment entrustment, so as to reduce the risk of loan misappropriation.

The current application of entrusted payment is that the single loan amount exceeds 5% of the total investment of the project or exceeds 5 million yuan.

Third-party collection, some enterprises, some can lend privately, and third-party collection is only used as funds, which has nothing to do with the loan itself and will not affect the third-party payee.

3. Why does the borrower require the loan to be transferred to a third-party account?

I think it is still the borrower, and the third-party payee is listed as the third person.

After all, you are a direct third-party payee, and you will also ask the reason for the payment, otherwise it will involve borrowing.

4. What happened when the loan was collected by a third party?

Lending money to a third party, called entrusted payment in operating loans, is a way to explain the purpose of loans. The third party does not need to bear legal responsibility, but if a guarantee contract is signed, the third party needs to bear legal responsibility. Third-party collection is only used as funds, which has nothing to do with the loan itself and will not affect the third-party payee. However, after signing the guarantee contract, the third party will provide the guarantee. Once the debt of the warrantee cannot be repaid, the guarantor shall bear joint and several liabilities to repay the debt for the warrantee. Relevant laws and regulations: Article 21 of the Guarantee Law of People's Republic of China (PRC) stipulates that the scope of guarantee includes the principal creditor's rights and interest, liquidated damages, damages and expenses for realizing creditor's rights. If there are other provisions in the guarantee contract, such provisions shall prevail. Where the parties have not agreed on the scope of guarantee or the agreement is unclear, the guarantor shall be liable for all debts.