1. Formal private lending companies must have articles of association that meet the requirements.
2. Formal private lending companies must have sponsors or investors who meet the prescribed conditions.
3. Formal private lending companies are prohibited from absorbing other people's funds and lending instead.
4. The interest of a regular private lending company shall not exceed the upper limit set by the state (4 times of the bank's loan interest rate for the same period), and the excess shall be invalid.
5. Regular private lending companies must have a legitimate purpose and may not provide loans for others to engage in illegal activities.
The lender knows that the borrower borrows money for illegal activities, such as illegally providing gambling funds, smuggling funds, providing escape funds for criminal suspects, etc., and its lending relationship is not protected; If both parties illegally borrow money, their property may be confiscated, fined or detained; Anyone suspected of committing a crime shall be investigated for criminal responsibility according to law.
Extended data:
Faced with the chaos of private lending, it is urgent for the government to regulate and guide it and give some intervention and assistance to major risk events. Fortunately, the problem of private lending and financing difficulties of small and medium-sized enterprises has attracted great attention of the government, and the State Council and relevant departments have successively issued corresponding policies and measures to alleviate the financing difficulties of small and medium-sized enterprises.
However, it is a systematic and comprehensive project to fundamentally solve the financing difficulties of small and medium-sized enterprises and eradicate the chaos of private lending, which cannot be achieved overnight. To completely solve the above problems, we must start with institutional mechanisms, accelerate the pace of macroeconomic structural transformation, and coordinate the reform of interest rate marketization, structural financial support policies for small enterprises and other institutional levels. Specific suggestions are as follows:
First, accelerate the transformation of economic structure, guide and support the further development and growth of private economy through policies, and realize the rebalancing of state-owned economy and private economy. Only by providing all market players with equal opportunities for resource allocation and an environment for fair participation in market competition can we continuously maintain the vitality of the private economy.
In China, a country with a population of 654.38+0.3 billion, only by maintaining the vitality of the private economy can we fully solve the employment problem and promote consumption. Only by constantly promoting consumption and increasing the proportion of consumption in GDP can we gradually get rid of the investment-driven economic growth model. Therefore, the further development of private economy is a necessary condition for the success of economic restructuring.
Fortunately, in the face of the new situation and new problems faced by small and medium-sized enterprises in the current development process, fiscal policy has further increased policy support for small and medium-sized enterprises, especially small and micro enterprises.
The second is to open financial licenses to private capital, reasonably guide private capital to form formal financial institutions, increase the number of financial institutions, and further cultivate a fully competitive financial environment.
Many small banking financial institutions absorb private capital to meet the normal financing needs of a large number of small and medium-sized enterprises, and bring the capital originally in the field of private lending into the formal financial channels and normal supervision scope, so that the financing channels of both the supply and demand sides of private capital can be completely opened and straightened out from the system.
Third, it is necessary to relax interest rate control, expand the floating range of bank deposit and loan interest rates, further promote the reform process of interest rate marketization, and make market players fully compete with the price of funds as the core, so as to achieve the goal of rational and optimal allocation of various resources and economic factors.
People's network-private lending, how to open the front door?
People's Network-Private lending needs to be regulated and guided.