To help others borrow money, we must bear the legal provisions and corresponding legal responsibilities. If you don't repay on time, you have to solve the repayment yourself, and the bank will also collect funds from me. It will also have a great impact on your personal credit.
Legal analysis
According to the relevant laws and regulations, those who have not obtained any corresponding qualifications to help others with loans are suspected of being accomplices. That is to say, there is no explicit legal prohibition. After all, private lending also exists. However, as far as the use of funds is concerned, if the organization knows this situation, it is likely to trigger a risk mechanism, because the risk of such behavior is very high. If the type of loan for others belongs to yes, it is definitely illegal, so you must be cautious when lending for others. Even the closest relatives do not encourage them to borrow money. If you have difficulties, you can borrow money from formal channels and help you choose, but it also depends on whether the person who helps you has the ability to repay. Otherwise, if you don't return it when it expires, you need to return it yourself. In this case, it's not good. You need to handle the loan for others carefully, instead of signing it casually. When helping others, we must do it without breaking the law.
legal ground
Article 197 of the Criminal Law of People's Republic of China (PRC) uses forged or altered treasury bills or other securities issued by the state for activities. If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property.
How to entrust others to handle loans?
Usually, applicants need to attend the loan financing business in person, but some applicants can't do it in person for various reasons and want to entrust others to do it. I would like to remind you that it is best to apply for a loan and handle the loan business in person. If you really don't have time or have special reasons, you can also entrust it. Just go there in person when you finally sign it.
Under normal circumstances, if the loan can be successful, the borrower only needs to go to the lending institution twice. The first time is to submit application materials and apply for a loan. If the loan can be approved, the second time is for the borrower to sign a loan contract with the lending institution and wait for the loan. Because the borrower needs to sign in person during the handling process, the borrower needs to be present in person.
Many borrowers often don't quite understand why the signature can't be signed by others. In fact, the reason is very simple because both the loan contract and the loan application form are legally binding, so once they take effect, the borrower must fulfill the repayment obligation, and the borrower will also bear the corresponding responsibility if it fails to repay the loan when it expires.
If you want to entrust others to help with the loan business, there are actually two situations: the first is to entrust a professional loan intermediary to help; The second is to entrust individuals to help with loans. However, in both cases, they can only play an auxiliary role, and the final signature must be signed by the applicant himself.
If you entrust a professional loan intermediary, you should first find a formal loan intermediary. Although the advertisements of loan intermediaries are flying all over the sky now, most of them are informal small intermediaries, and the service quality and safety are not guaranteed. Only formal loan intermediaries have corresponding protection. Secondly, it should be handled in accordance with standardized procedures, and never resort to fraud for the sake of loans. In order to take shortcuts instead of normal procedures, it is easy to leave hidden dangers and loopholes, from economic losses to legal proceedings. After entrusting an intermediary, you must sign a formal contract and communicate in time to ensure the smooth handling process.
If it is entrusted to a private person, it may be necessary to issue a legally binding power of attorney, and others will handle the relevant loan procedures on behalf of the applicant. Without this power of attorney, others can't handle things for the applicant. In this case, the best person to entrust must be someone who is familiar with loan-related knowledge and honest and trustworthy. Otherwise, if the other party deliberately sets a trap, it is easy to cause money loss.
Is it illegal to lend money to others?
It's not illegal to formally lend money to others. You lend money to others, you are the guarantor. If it is, it is illegal. Article 193 of the Criminal Law commits one of the following crimes: whoever borrows a large amount from a bank or other financial institution for the purpose of illegal possession shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property: (1) fabricating false reasons such as introducing funds and projects; (two) the use of false economic contracts; (3) using false documents; (four) the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral; (5) Loans in other ways.
This concludes the introduction of granting loans to people and not granting loans. I wonder if you found the information you need from it?