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Second, the difference between entrusted loan contract and self-operated loan contract.
Self-operated loan refers to a loan independently issued by the lender with funds raised by legal means, and the risk is borne by the lender itself, and the lender collects the principal and interest. The main differences between entrusted loans and self-operated loans are as follows: First, the number of parties is different. Entrusted loans involve three parties. However, there are only two parties to the self-operated loan contract: the lender and the borrower. Second, the responsibilities of all parties are different. The funds of the entrusted loan contract shall be provided by the principal, and the trustee shall distribute, supervise the use and assist in the recovery according to the instructions of the principal, and the risks shall be mainly borne by the principal. Moreover, laws and regulations clearly stipulate that the lender (trustee) "must first collect the entrusted funds and daily interest receivable from the principal, and shall not advance the payment", and the trustee does not assume the responsibility on behalf of the principal. The funds for the self-operated loan contract shall be raised and distributed by the lender, and the risks shall be borne by the lender. Third, all parties have different ways of making profits. According to the provisions of laws and regulations, lenders who entrust loans make profits by charging fees to customers. And the maximum handling fee shall not exceed three thousandths. Moreover, the law also stipulates that it is strictly forbidden to entrust the lender to collect any fees other than handling fees. Otherwise, the illegal income shall be confiscated and a fine of not less than 50,000 yuan but not more than 300,000 yuan shall be imposed. Lenders of self-operated loans make profits by earning deposit-loan spreads. The former belongs to labor income, while the latter belongs to asset management income. Fourth, the ownership of loan interest is different. Inch by inch: the source of funds for entrusted loans is the principal, and the risks are borne by the principal. According to the principle of consistency of rights and obligations, all the proceeds of entrusted loans naturally belong to the principal, not the trustee. The source of funds for self-operated loans shall be raised by the lender itself, and the risks shall be borne by the lender. Therefore, all proceeds belong to the lender. Fifth, the restrictions on the parties are different. Mainly manifested in: first, regarding the guarantee, according to the provisions of laws and regulations, the law does not force lenders to require borrowers to provide guarantees; As for the self-loan lender, the law forces it to require the borrower to provide a guarantee, and the law does not allow the lender to issue loans to borrowers who do not provide loan guarantees. Secondly, on the loan term, laws and regulations stipulate that entrusted loans can have a lower limit, that is, on the entrusted loan term, the entrusted loan term stipulated by laws and regulations must be three months or more, but there is no upper limit on entrusted loans. Different from entrusted loans, the law stipulates that there is no lower limit for self-operated loans, but there is an upper limit, that is, the longest term of self-operated loans shall not exceed ten years, and those that exceed ten years shall be reported to the People's Bank of China for the record. Third, in terms of balance sheet ratio, since the principal's funds are used for entrusted loans, the law does not stipulate the asset-liability ratio of entrusted loans. For self-employed lenders, since the loan funds are raised by themselves, the law stipulates that lenders must strictly implement the provisions on asset-liability ratio management. Fourth, on the choice of loan object, the lender entrusted with the loan has no right to decide the loan object by himself, and can only lend the loan to the borrower designated by the principal according to the instructions of the principal. Moreover, the law also stipulates that entrusted loans must be deposited before lending, which limits the right to choose loans from the source; Lenders of self-operated loans have the right to choose their own loan targets. It has the right to independently review and decide on loans according to the conditions and procedures of loans. Have the right to refuse any unit or individual to force it to issue loans. Have the right to decide whether to lend, the loan amount, the term and the interest rate according to the loan conditions.
Third, the difference between self-operated loans and entrusted loans.
4. What is entrusted loan? What's the difference between entrusted loans and loans?
Self-operated loan: refers to the loan independently issued by commercial banks with the raised funds. It refers to a loan independently issued by the lender with funds raised in a legal way, with the risk borne by the lender and the principal and interest recovered by the lender.
Generally, the longest term of self-operated loans shall not exceed 10 year, and those exceeding the term shall be reported to the People's Bank of China for the record. The types of loans issued by commercial banks are mainly self-operated loans. Entrusted loan simply means that one party lends money to another party and entrusts it to a third party (commercial bank) for management.
Commercial banks do not bear the risk of loan losses, but are only responsible for issuing, supervising the use and assisting in recovering loans on their behalf according to the objects or investments designated by the clients, the specified purposes and scope, and the set conditions (amount, term, interest rate, etc.). ).
Entrusted loans are used as a way to circumvent the inter-company lending ban.