Is a P2P loan contract legally valid?

According to the relevant laws of our country, whether a P2P loan agreement has legal validity depends on whether the content of the agreement is legal. If both parties signed it voluntarily , and if the subject is legal and the content is legal, it will have legal effect. At the same time, as a P2P platform as an intermediary, the law also clearly stipulates the obligations of the intermediary.

Legal Basis

According to Article 502 of the Civil Code: A contract established in accordance with the law shall take effect from the time of its establishment, unless otherwise provided by law or otherwise agreed by the parties.

Is P2P online lending illegal?

Network refers to what Internet companies use the Internet to provide to customers through companies they control. Networks should abide by existing corporate regulatory regulations, leverage the advantages of online lending, and strive to reduce customer financing costs. The online lending business is supervised by the China Banking Regulatory Commission. "It can be seen that online lending itself is not illegal, but illegal fund-raising induced by online lending will still be a new hot spot for cases.

Are P2P financial management companies legal?

P2P financial management The company is legal.

Online lending includes individual online lending (i.e. P2P online lending) and online lending. Individual online lending is direct lending between individuals through the Internet platform. Direct lending activities that occur fall into the category of private lending and are governed by laws and regulations such as the Contract Law, the General Principles of Civil Law, and relevant judicial interpretations of the Supreme People's Court.

Individual online lending must adhere to the platform function and provide information to investors and financiers. Intermediary services such as interaction, matching, and credit assessment. Individual online lending institutions must clarify the nature of information intermediaries and mainly provide information services for direct lending between borrowers and lenders. They are not allowed to provide credit enhancement services and are not allowed to illegally raise funds.

The Internet is not allowed. Internet companies that use the Internet to provide customers through companies they control should abide by existing corporate regulatory regulations, give full play to the advantages of online loans, and strive to reduce customer financing costs.

Extended information:

< p>Internet industry management. Any organization or individual that opens a website to engage in Internet financial business must, in addition to complying with relevant financial regulatory procedures, also complete website registration procedures with the telecommunications authorities in accordance with the law. Otherwise, it shall not conduct Internet financial business.

The Ministry of Industry and Information Technology is responsible for the supervision of telecommunications businesses involved in Internet financial services, and the Cyberspace Administration of China is responsible for the supervision of financial information services, Internet information content and other businesses. The two departments formulate relevant regulatory rules according to their responsibilities. < /p>

Customer funds third-party custody system, unless otherwise provided, practitioners shall select qualified banking financial institutions as fund depository institutions to manage and supervise client funds and realize the integration of client funds and practitioners. The institution's own funds are managed separately.