(a) the establishment of financial institutions and financial activities must be subject to access management according to law. No organization or individual may engage in loan business without obtaining the qualification for loan business according to law.
(2) The comprehensive capital cost charged by various institutions to borrowers in the form of interest rate and various fees shall conform to the provisions of the Supreme People's Court on the interest rate of private lending, and it is forbidden to issue or match loans that violate the relevant interest rate provisions of the law. The comprehensive capital cost charged by various institutions to borrowers should be converted into an adult form, and information such as loan conditions and overdue treatment should be fully disclosed in advance to remind borrowers of relevant risks.
(3) All institutions shall abide by the principle of "know your customer", fully protect the rights and interests of financial consumers, and shall not induce borrowers to borrow excessively in any way and fall into the debt trap. The borrower's credit status, solvency and loan use should be comprehensively and continuously evaluated, and the borrower's appropriateness, comprehensive capital cost, upper limit of loan amount, loan term, loan extension limit, "cooling-off period" requirement, loan use limit and repayment method should be carefully determined.
Loans may not be issued to borrowers without income sources, and the total debt burden of a single loan is clearly set at an upper limit, and the number of loan extensions is generally no more than 2 times.
(4) Institutions should adhere to the principle of prudent operation, and comprehensively consider the possible impact of factors such as lack of credit records, long-term loans and fraud. In terms of loan quality, strengthen risk internal control, carefully use the "data-driven" risk control model, and do not conceal non-performing assets in various ways.
(five) all kinds of institutions or entrusted third-party institutions shall not use violence, intimidation, insult, slander, harassment and other means to collect loans.
(6) All kinds of institutions shall strengthen the security protection of customer information, and shall not steal or abuse customer privacy information in the name of "big data", or illegally buy, sell or disclose customer information.
Two, overall supervision, to carry out the rectification work of network microfinance.
(1) The supervision department of microfinance companies suspended the establishment of new online (Internet) microfinance companies; Suspension of a new batch of microfinance companies to carry out microfinance business across provinces (autonomous regions and municipalities). If the preparatory establishment has been approved, the approval for opening the business shall be suspended.
The examination and approval department of a small loan company shall comply with the provisions of relevant documents of the State Council. For approved institutions that do not meet the relevant provisions, their business qualifications should be re-examined.
(2) Strictly regulate the management of online microfinance business. Suspend the issuance of online micro-loans without specific scenarios and designated purposes, gradually reduce the stock business, and complete the rectification within a time limit. Effective measures should be taken to prevent borrowers from "supporting loans with loans" and "borrowing from multiple sources". It is forbidden to issue "campus loans" and "down payment loans". It is forbidden to issue loans for speculative operations such as stocks and futures. Local financial supervision departments should establish sustainable and effective supervision arrangements, and central financial supervision departments should strengthen supervision.
(3) Strengthen the prudent management of the sources of funds of microfinance companies. It is forbidden to illegally raise funds or absorb public deposits in any way. It is forbidden to sell, transfer or transfer the company's credit assets in disguised form through Internet platforms or various local trading places. It is forbidden to integrate funds through information intermediary in peer-to-peer lending. Funds included in the name of credit asset transfer and asset securitization should be combined with on-balance-sheet financing, and the ratio of total financing to net capital after combination shall be temporarily implemented according to the local current ratio regulations, and all localities shall not further relax or relax the ratio regulations of microfinance companies in disguise.
For small loan companies that exceed the prescribed proportion, a scale reduction plan should be formulated to meet the relevant proportion requirements within a time limit, and the supervision department of the small loan company will supervise the implementation.
The supervision departments of small loan companies in all provinces (autonomous regions and municipalities) are responsible for the rectification of online small loans. The central financial supervision department will formulate and issue the implementation plan for the special rectification of network microfinance risks, and further refine the relevant work requirements.
III. Intensify efforts to further standardize the participation of banking financial institutions in "cash loans" business.
(1) Banking financial institutions (including banks, trust companies, consumer finance companies, etc. ) We should strictly follow the Interim Measures for the Administration of Personal Loans and other relevant regulatory and risk management requirements, and standardize the loan issuance activities.
(2) Banking financial institutions shall not provide funds for lending to institutions without lending business qualifications in any form, and shall not contribute to lending to institutions without lending business qualifications.
(3) Where a banking financial institution cooperates with a third-party institution to carry out loan business, it shall not outsource core business such as credit review and risk control. The "loan assistance" business should return to its original source. Banking financial institutions shall not accept credit enhancement services provided by third-party institutions with unsecured qualifications and other disguised credit enhancement services. They should ask and ensure that third-party cooperative institutions do not charge interest fees to borrowers.
(4) Banking financial institutions and their asset management products issued and managed shall not directly invest in (class) securitization products or other products sold on the basis of "cash loans", "campus loans" and "down payment loans".
Banking financial institutions to participate in the standardization and rectification of "cash loans" business, by the CBRC local agencies responsible for the local rectification office to cooperate.
Fourth, continue to promote and improve the business management of P2P information intermediaries in P2P lending.
(a) shall not arrange or arrange in disguised form the loan business that does not meet the relevant interest rate provisions of the law; It is forbidden to deduct interest, handling fee, management fee and deposit from the loan principal in advance and set high overdue interest, late payment fee and penalty interest.
(2) It is forbidden to outsource core work such as customer information collection, screening, credit evaluation and account opening.
(3) Do not match the funds of banking financial institutions to participate in P2P peer-to-peer lending.
(four) shall not provide loan matching business for students and borrowers who have no repayment source or repayment ability. It is not allowed to provide housing financing and loan matching services such as "down payment loan" and real estate fund-raising in different places. Do not provide loan matching business without specific purpose.
The joint work office of special risk remediation of peer-to-peer lending shall clean up and rectify the cash loan business of information intermediaries in peer-to-peer lending in accordance with the requirements of the Notice on Cleaning up and Rectifying Cash Loan Business Activities (17).
Five, classified disposal, increase the disposal of all kinds of illegal institutions.
(a) all kinds of institutions in violation of the above provisions to carry out business, by the regulatory authorities according to the seriousness of the case, take measures to suspend business for rectification, shall be ordered to make corrections, informed criticism, not filing, cancel the business qualification and urge them to rectify, if the circumstances are serious, resolutely banned; At the same time, depending on the situation, the relevant functional departments and financial supervision departments of the provincial people's government shall be given administrative punishment according to law. Relevant departments should stop websites and platforms that assist various institutions to carry out business in violation of laws and regulations, and investigate their responsibilities according to law.
(2) Organizations or individuals that engage in lending business without approval shall be severely cracked down and banned under the guidance of the CBRC; For those who take the opportunity to evade debts and do not support rectification work, increase punishment and crackdown; Suspected of illegal business operations, transferred to the relevant departments for investigation; Financial institutions and non-bank payment institutions stop providing financial services, and communication management departments dispose of Internet financial websites and mobile applications according to law.
Suspected of illegal fund-raising and illegal securities and other illegal acts, in accordance with the disposal of illegal fund-raising, crack down on illegal securities activities, clean up and rectify various trading places and other working mechanisms to investigate and deal with.
(three) institutions suspected of malicious fraud and violent collection and other serious violations of laws and regulations, timely transfer clues to the public security organs, effectively prevent risks and ensure the overall stability of society.
Six, do a good job in implementation, pay attention to the long-term, to ensure that the standardization and rectification work has achieved practical results.
(a) all localities should strengthen organizational leadership and overall coordination, led by local financial supervision departments, clarify the main responsible departments of various institutions, find out the risk base, formulate rectification plans, compact the main responsibilities of institutions within their jurisdiction, carry out comprehensive and in-depth rectification, and promptly establish a working mechanism combining territorial responsibility with cross-regional coordination. At the same time, make emergency plans and keep the risk bottom line.
(two) all localities should guide the relevant institutions within their jurisdiction to make full use of the basic database of national financial credit information and the credit information sharing platform of China Internet Finance Association to prevent borrowers from borrowing from multiple sources and borrowing excessively. All localities should guide borrowers to fulfill their debt repayment obligations in accordance with the law, and establish systems such as information disclosure and joint punishment for dishonesty, so that those who break promises are restricted everywhere.
(three) all localities should carry out risk warning education, improve the ability of the masses to identify improper and fraudulent loan activities and illegal financial activities, and enhance the awareness of risk prevention.
(4) All localities should establish a system of reporting and heavy rewards and heavy penalties, make full use of the reporting platform of China Internet Finance Association and other channels, reward informants who provide clues about illegal acts, give full play to the role of social supervision, and severely punish illegal acts to form an effective deterrent.
(five) all localities should standardize and rectify in strict accordance with the requirements of this notice. If the supervisory responsibility is absent and poorly implemented, it will be seriously accountable.
(VI) All localities should submit the remediation plan and the monthly work progress (within 5 working days after the month) to the Office of the P2P Online Loan Risk Special Remediation Working Group (CBRC), and send a copy to the Office of the Internet Financial Risk Special Remediation Leading Group (People's Bank of China).
Extended data
Article 8 The establishment of a loan company shall meet the following conditions:
(1) Having articles of association that meet the requirements;
(2) The registered capital is not less than RMB 500,000.00 Yuan, which is paid-in monetary capital, and shall be fully paid by the investor at one time;
(3) Having senior managers with professional knowledge and professional work experience;
(4) Having staff with corresponding professional knowledge and work experience;
(5) Having the necessary organizational structure and management system;
(6) Having business premises, safety precautions and other business-related facilities that meet the requirements;
(7) Other conditions stipulated by China Banking Regulatory Commission.
Government information disclosure of China Banking Regulatory Commission