Legal Analysis: Opinions of the Supreme People on People's Trial of Lending Cases 1. Loans between citizens, loans between citizens and legal persons, and loans between citizens and other organizations should be accepted as loan cases. 2. Lawsuits for borrowing securities such as foreign currency, Taiwan dollar and national debt shall be accepted as loan cases. 3. If the loan-loan relationship is clear and the creditor applies for a payment order, the people's court shall examine and accept it in accordance with the relevant provisions of the Civil Procedure Law on supervision procedures. 4. When examining a loan case, people should ask the plaintiff to provide a written loan according to Article 108 of the Civil Procedure Law; If there is no written receipt, the necessary factual basis shall be provided. Do not meet the above conditions, the ruling will not be accepted. 5. If the debtor's whereabouts are unknown, it shall be under the jurisdiction of the debtor's original domicile or the location of his property. The creditor is required to provide evidence to prove the existence of the loan relationship, and the debtor is summoned to respond after accepting it. After the expiration of the announcement period, if the debtor still fails to respond to the lawsuit and the loan relationship is clear, the judgment may be made by default after trial; If the loan-loan relationship cannot be ascertained, the lawsuit shall be suspended. During the trial, if the debtor leaves, his whereabouts are unknown and the loan relationship is clear, he may make a judgment by default; If the facts are difficult to ascertain, the proceedings shall be suspended. 6. The interest rate of private lending can be appropriately higher than the bank interest rate, which can be specified by local people according to the actual situation in the region, but the maximum interest rate shall not exceed four times (including interest rate) of similar bank loans. Beyond this limit, the excess interest will not be protected.
Legal basis: Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases.
Article 1 The term "private lending" as mentioned in these Provisions refers to the financing behavior between natural persons, legal persons and unincorporated organizations.
These Provisions shall not apply to financial institutions and their branches established with the approval of the financial supervision department and engaged in loan business, which are triggered by the issuance of loans and other related financial businesses.
Article 2 When a lender brings a private lending lawsuit to the people's court, it shall provide creditor's rights certificates such as IOUs, receipts, IOUs, and other evidence that can prove the existence of the legal relationship between lending and borrowing. If the creditor's rights certificate such as IOUs, receipts and IOUs held by the parties does not specify the creditor, and the party holding the creditor's rights certificate brings a private lending lawsuit, the people's court shall accept it. The defendant raised a factual defense against the plaintiff's creditor qualification, and the people's court ruled that the plaintiff did not have the creditor qualification after examination, and rejected it.
2. What are the provisions of the loan?
Personal loan: hotline 1: 0574-5662 1922 Contact: Mr. Du Loan amount: 300,000-300,000 loan time: 1 year -6 years loan interest: one percent of monthly interest (1%) Loan requirements: the borrower is a citizen of China. Loan scope: All parts of the country (1-2-day loan) need no mortgage or guarantee. Loan information: household registration ID card, proof of work income (company seal or special financial seal is required) Loan process: telephone consultation-fax information-approval-signing-loan success (loan on the day of signing) The company provides loan interest rate consultation service and handles personal credit loan business. 2. Student loan: loan amount: 300,000-200,000, loan time: 654,300. Loan scope: All parts of the country (1-2-day loan) need no mortgage or guarantee. Loan information: ID card, student ID card or student ID card at school and household registration loan process: telephone consultation-fax information-approval-signing-loan success (loan on the day of signing) 3. Self-employed loan: loan amount: generally not higher than 654.38+00,000, loan time: 654.38+0 -6 years, loan interest: loan requirements: fixed business premises, signed. Loan information: individual business license, tax registration certificate and copy of legal representative's ID card. Loan process: telephone consultation-fax information-approval-contract signing-loan success (loan on the day of contract signing). 4. Enterprise loan: loan amount: generally no more than 5 million. Loan time: 1 year -6 years. Loan interest: monthly interest. Loan requirements: It must be a small and medium-sized enterprise registered in China, with good operating conditions and no bad credit record. Loan information: copy of business license, tax registration certificate, organization code certificate and ID card of legal representative. Loan process: telephone consultation-fax information-approval-signing-loan success (loan on the day of signing) 5. After the contract is signed, the borrower shall fulfill the contractual obligations on schedule: (1) Loan types: personal loans and loans. 6. Lending: After the above procedures are completed, the company will issue loans on the same day. Whether your loan application can pass depends on the company's audit results. The company's standard requirements for borrowers are: 1. The borrower must be a natural person with full capacity for civil conduct. 2. Holding a Chinese identity card or household registration certificate; 3. Have a stable occupation and income. 4. Good credit and debt service ability. 5. Other conditions stipulated by the company.
Three. Bank loan laws and regulations
According to the relevant laws of our country, commercial bank loans should follow the provisions of asset-liability ratio management, such as capital adequacy ratio of not less than 8%; The ratio of current assets balance to current liabilities balance shall not be less than 25%.
Legal basis:
Loans issued in accordance with the Law of People's Republic of China (PRC) Commercial Bank shall comply with the following rules for the management of asset-liability ratio, and the ratio shall not be less than 8%; (2) The balance of current assets is greater than 25%; (3) The proportion of the same balance shall not exceed 10%; (4) A commercial bank established by the banking supervision institution of the State Council before the implementation of the Assets Law shall be established in the State Council within a certain period after the implementation of this Law.