At present, microfinance companies are in the pilot stage in the credit industry. Because its identity is similar to "quasi-financial institution", it can't enjoy the relevant preferential policies of financial institutions, and it will also be restricted by financial policies and supervision and management of relevant departments, which leads to the vague identity and unclear market positioning of microfinance companies, thus restricting their standardized and healthy development.
2. Lack of credit funds
At present, the capital of small loan companies mainly comes from the capital paid by shareholders, donations and no more than two banking financial institutions. There is no mechanism for capital circulation, its own funds are limited, and the follow-up funds are seriously insufficient, which has formed the main reasons for the operational difficulties and even bankruptcy of microfinance companies.
Insufficient credit funds are mainly reflected in two aspects:
The business models of "1" and "only lending without saving" lead to the lack of credit funds at the source of microfinance companies, which affects their sustainable operation. Many small loan companies think that they will have nothing to do if they make money, and they have no sense of being prepared for danger in times of peace. The huge demand for market funds makes it impossible for their own funds to maintain the sustainable development of small loan companies.
2. Insufficient follow-up funds. "Only lending without saving" leads to a serious shortage of follow-up funds for microfinance companies. The company can only supplement the company's funds through banks or private financing channels, while the source of funds for microfinance companies only depends on shareholders' capital, donations and the capital of no more than two banking financial institutions.
3. Incomplete management.
At present, the imperfect management of small loan companies mainly lies in the backward management methods, which can't keep up with the rapid update of small loan development. Small loan companies have imperfect management systems and inexperienced employees. Such a personnel management system will inevitably lead to the chaotic operation of small loan companies and hinder their development. The operation of modern financial industry needs the application of information system, but the development, docking, operation and maintenance of information system need enough investment of capital, technology and talents. Small loan companies have low efficiency and high error rate due to limited entity size and funds. This backward office method can no longer meet the needs of daily business and customer requirements, and the management system of small loan companies needs to be improved urgently.
4. It is difficult for the regulatory agencies to be in place.
Judging from the development status of microfinance companies, the supervision subject of microfinance companies is unclear and the development is chaotic. The supervision subjects of microfinance companies include external supervision and internal supervision of microfinance companies. At the same time, there are too many external regulatory agencies for small loan companies, mainly including financial offices, industrial and commercial bureaus, branches of China Banking Regulatory Commission, and central banks. So many regulatory agencies have failed to implement the supervision work in place, unable to effectively ensure the specialization and refinement of the supervision work, and ultimately unable to discover the potential risks of small loan companies in time and manage the existing risks.
5. Asymmetric credit information
As we all know, the asymmetry of credit information will seriously restrict the effective use of funds, and it is also the main cause of credit risk. In foreign countries, the success of small loan companies is achieved in an environment with high social integrity, but at present, social integrity in China needs to be strengthened. At the same time, due to the asymmetry of information, it is difficult for commercial banks to grasp the financing direction of microfinance companies, so they cannot rashly invest in microfinance companies. Therefore, the information among banks, small loan companies and borrowers is not smooth, and any economic business under the condition of asymmetric information is high-risk.
Risk prevention measures for small loans;
1. The emergence of loan risks often begins at the loan review stage. From the disputes in the comprehensive judicial practice, we can see that the risks in the loan review stage mainly appear in the following links.
2. Review the legal status of the borrower, including its legal establishment and continuous and effective existence. If it is an enterprise, it shall examine whether the borrower is established according to law, whether it has the qualification and qualification to engage in relevant business, and check the business license and qualification certificate, and pay attention to whether the relevant certificate has passed the annual inspection or relevant verification.
3. The borrower and its responsible person shall also be specially examined. In order to reduce the moral hazard of the lender, the borrower and its responsible person should also be specially examined. When issuing loans, financial institutions should not only examine the qualifications, conditions and operating conditions of borrowers, but also strengthen the examination and control of the personal qualities of investors, legal representatives of enterprises and key management personnel.
4. Carefully review every loan, and don't base the risk judgment of the loan on the past review or credit. Just because the borrower repaid the principal and interest on time in the past, the review or investigation procedures should not be relaxed.
legal ground
"Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases" Article 26 If the interest rate agreed by both borrowers and lenders does not exceed 24% per annum, and the lender requests the borrower to pay interest at the agreed interest rate, the people's court shall support it. The interest rate agreed between the borrower and the borrower exceeds the annual interest rate of 36%, and the interest agreement in excess is invalid. The people's court shall support the borrower's request to the lender to return the part of the interest paid that exceeds 36% per annum.