Foreign banks can invest in no less than 20,000 kinds of wealth management products, while Chinese banks lack 100 kinds. "It is estimated that the central bank will consider that this kind of loan is suspected of raising funds by enterprises. Once there is a risk, it will cause social problems, so it will stop first and then standardize."
Experts said, "Merchants are expected to lift the ban soon after formulating corresponding supporting measures."
Second, what are the legal risks of private lending?
1. Unknown legal risks of the borrower; 2. Legal risks of loan use; 3. Legal risk of loan interest; 4. Irregular and unclear legal risks of IOUs; 5. Pay unknown legal risks; 6. The legal risk of failing to guarantee or realizing the guarantee; 7. Legal risks of unclear repayment; 8. Legal risks of limitation of action; 9. Determination of loan jurisdiction.
3. What are the legal risks of entrusted loans?
1. Legal risk of principal of entrusted loan: (1) Credit risk of the borrower. If the loan is a credit loan, it is very important to evaluate the borrower's credit rating in advance; (2) unsecured risks. In order to reduce the risk, it is best for customers to issue credit loans and take certain guarantee measures. When the unsecured debtor is insolvent, the creditor's rights will face the risk of insolvency. (3) The risk of unclear entrustment instructions. When entrusting the trustee, the principal must make a comprehensive and specific agreement on the entrusted matters to avoid the situation that the loan is unattended; (4) Conflicts of interest. There may be a conflict of interest between the entrusted loan of the same borrower and the self-operated loan of the trustee. In the case that the borrower is insolvent, the order of repayment may cause conflicts. There is still a gap in China's legislation in this regard. Therefore, when entrusting, it is best to make an agreement with the trustee on possible conflicts of interest. 2. Legal risk of the borrower in the entrusted loan: (1) The risk that the lender cannot issue the loan on time or collect the loan in advance. According to the loan contract, if the lender fails to lend on time or collect the loan in advance, it will cause certain losses to the borrower, so the borrower clearly stipulates the liability for breach of contract in the loan contract. (2) The risk of trade secrets being leaked. Because the lender can master the borrower's debt, finance, production, operation and management. The borrower shall properly manage the information that may involve trade secrets, and stipulate the legal liability for disclosure. (3) the risk of not being able to repay the loan principal and interest. This risk does exist, but it is not considered in the legal relationship of entrusted loans for the time being. 3. Legal risks in trust loans: Trust loans are different from entrusted loans. The objects and uses of entrusted loans are designated by the clients, and the objects and uses of trust loans are selected by the trust institutions themselves. Compared with entrusted loans, trust institutions, as trustees, enjoy independent rights when handling loans, and the trustor shall not interfere, which means that if the trust institutions do not fully guard against risks, they may bring losses to the trustor. Article 11 of the Interim Measures for the Administration of Personal Loans shall meet the following conditions: (1) The borrower is a People's Republic of China (PRC) citizen with full capacity for civil conduct or an overseas natural person who meets the relevant provisions of the state; (2) The purpose of the loan is clear and legal; (3) The amount, duration and currency of the loan application are reasonable; (4) The borrower has the willingness and ability to repay; (5) The borrower's credit status is good and there is no significant bad credit record; (6) Other conditions required by the lender.
4. What are the legal risks of entrusted loans?
1, legal risk?
(1) To borrow money, it is very important to evaluate the credit rating of the borrower in advance;
(2) unsecured risks. In order to reduce the risk, the client had better issue a credit loan, and should bear a certain risk that the creditor's rights will not be paid off when the debtor is insolvent.
(3) The risk of unclear entrustment instructions. When entrusting the trustee, the client and the specific agreement should be made clear to avoid lending.
(4) Conflicts of interest. The principal of the same borrower may have conflicts of interest when operating the loan, and conflicts may occur after the borrower occurs. There are still gaps in our legislation in this regard. Therefore, when entrusting, it is best for the client to make an agreement with the trustee on possible conflicts of interest.
2. What is the legal risk of the borrower in the entrusted loan?
(1) The risk that the lender cannot issue the loan on time or collect the loan in advance. According to the loan contract,
If the lender fails to lend on time or collect the loan in advance, it will cause certain losses to the borrower, so the borrower is clear in the loan contract.
(2) The risk of trade secrets being leaked. Because the lender can master the borrower's debt, finance, production, operation and management. The borrower shall properly manage the information that may involve trade secrets and agree on the law of disclosure.
(3) the risk of not being able to repay the loan principal and interest. This risk does exist, but it is not considered in the legal relationship of entrusted loans for the time being.
3. Credit insurance?
Trust loans are different from entrusted loans. The object and purpose of entrusted loan shall be designated by the client, and the object and purpose of trust loan shall be paid by the trustee. The trustee shall not interfere with the trust institution's rights as trustee. This means that if the trust does not adequately guard against risks, it may