20 16- 10, the special rectification of the online loan industry was officially launched, and the state's attitude became more and more clear, that is, the rectification work led by digesting and dissolving stock risks and guiding transformation. 20 17 and 20 18, and the rectification work was gradually implemented. One of the great strategies of the country in 20 19 is to give priority to repayment and properly guide the transformation. Some policies have been introduced all over the country to clean up the online loan industry. Since the second half of 20 19, about 10 provinces have issued guidance, management measures or documents to guide the online lending platform to exit in an orderly and smooth manner.
1. The essence of Internet finance still belongs to finance, and it has not changed the characteristics of financial risks such as concealment, contagiousness, extensiveness and suddenness. Strengthening the supervision of Internet finance is an inherent requirement to promote the healthy development of Internet finance. At the same time, Internet finance is a new thing and a new format. It is necessary to formulate a moderately loose regulatory policy to leave room and space for Internet financial innovation. By encouraging innovation, strengthening supervision and mutual support, we will promote the healthy development of Internet finance and better serve the real economy. Internet financial supervision should follow the principles of "legal supervision, moderate supervision, classified supervision, collaborative supervision and innovative supervision", scientifically and reasonably define the business boundaries and access conditions of various formats, implement regulatory responsibilities, clarify the bottom line of risks, protect legitimate operations, and resolutely crack down on illegal activities.
2. Peer-to-peer lending includes personal peer-to-peer lending (P2P peer-to-peer lending) and network. Personal peer-to-peer lending refers to direct lending between individuals through the Internet platform. Direct lending on the personal peer-to-peer lending platform belongs to the category of private lending, which is regulated by laws and regulations such as the Contract Law, the General Principles of the Civil Law and relevant judicial interpretations of the Supreme People's Congress. Network refers to the Internet provided to customers by Internet companies through companies controlled by them. The network should abide by the existing company supervision regulations, give full play to the advantages of online loans, and strive to reduce the financing costs of customers. P2P loan business is supervised by China Banking Regulatory Commission.
3. The supervision of online lending platforms, from up to five or six thousand to the end of June, is only 29, and the special rectification work may basically end at the end of the year and turn into regular supervision.
How does CBRC supervise P2P?
How does CBRC supervise P2P?
At present, China Banking Regulatory Commission has reorganized its structure, added the inclusive finance Work Department, and pointed out that this department supervises the P2P industry.
Reference: rylc9
At present, it is still in the negotiation stage, but it will definitely improve the access standards and help enterprises establish a risk control system. Third-party hosting like Heshi is the industry standard.
When will p2p be brought into the supervision of CBRC?
. . . . . . . You think too much.
P2p is a private lending, not a financial institution. The CBRC will not supervise it ~ ~ At most, it will only issue regulations ~ ~
When will CBRC start p2p supervision?
The specific supervision time has not yet been determined. The CBRC first proposed the following ten principles of supervision:
First, P2P supervision should follow the essence of P2P business. The essence of business is that projects should be one-to-one. P2P institutions can't hold investors' funds and can't establish a pool of funds. Our P2P is not a financial institution that manages funds.
Second, to implement the real-name registration system registration principle, investors and financiers should register in real names and the flow of funds should be clear. All countries have very high principled requirements for opening an account to avoid violating the anti-law.
Third, it should be clear that P2P institutions are not credit intermediaries and bear credit risks, nor are they trading platforms, but information intermediaries. P2P institutions provide information services for small loans of both parties, and their business boundaries should be clear, which should be distinguished from other legally chartered financial services.
Fourth, P2P should have a certain industry threshold. As a platform for analyzing, selecting news information and providing reference credit analysis, P2P information is highly professional and should have a certain threshold. The organization should have a certain registered capital, and there should be certain requirements for the professional background, working years and organizational structure of senior executives. At the same time, there must be certain qualification requirements for his risk control, it equipment and fund custody. P2P institutions should do a good job in risk assessment, risk warning and investment and financing limits.
Fifth, investors' funds should be managed by a third party, and deposits should not be used instead of custody. Guardianship is an independent regulatory act. At the same time, as far as possible, a formal audit mechanism is introduced, and P2P institutions can't touch money themselves, also to avoid illegal fund-raising.
Sixth, P2P institutions are not allowed to provide guarantees for investors, not to provide guarantees for investors themselves, not to make commitments on loan principal or income, not to bear systemic risks and liquidity risks, only to provide information, not to engage in loans and entrusted investment business, and not to protect themselves, which is also to avoid illegal fund-raising.
Seventh, take the road of sustainable development and don't blindly pursue high-interest financing projects. We are glad to see that the interest rate for regulating P2P institutional financing has gradually decreased, approaching a reasonable level.
Eighth, P2P industry should fully disclose information, fully improve the degree of information disclosure and reveal risks. We should not only disclose our own management and operation information to the market, but also remind investors of risks and conduct necessary external audits.
Ninth, the P2P investor platform should promote the formulation and implementation of industry rules and strengthen the role of industry self-discipline.
Tenth, we should adhere to the principle of small amount and support the development of individuals and small and micro enterprises, with one-to-one correspondence between projects.
Once supervised by CBRC, how much will p2p revenue decrease?
This is hard to say.
My health will definitely drop, and my mutual loan has not dropped yet.
Is p2p wealth management company regulated by CBRC?
Yes, there is supervision.
Yes, the relevant regulatory policies have been issued, and now it is a transitional stage, so if you choose a platform now, you can first check whether the platform has bank depository, and if there is no depository platform at present, cover it decisively.
Does CBRC directly supervise p2p now?
P2P industry belongs to the supervision of CBRC, which is certain.
On February 28th, 65438, CBRC issued the Interim Measures for the Management of Business Activities of Information Intermediaries in peer-to-peer lending (Draft for Comment). This is the first time that China authorities have issued specific regulatory ideas for the online lending industry (P2P industry) that has developed for many years.
Why did the CBRC supervise p2p and the interest rate dropped?
At present, there are no hard and fast rules for online lending, and the decline is only the income of investors. It should be because the income is too high for the entity to bear.
After the institutional adjustment of CBRC, which department will supervise P2P?
It is managed by the Pratt & Whitney Finance Department under the CBRC.
The detailed rules for institutional adjustment of CBRC are as follows:
Supervision according to law, supervision for the people and risk supervision The CBRC implemented the reform of the supervision system. In order to conscientiously implement the important decisions of the 18th National Congress of the Communist Party of China and the Fourth Plenary Session of the 18th CPC Central Committee on deepening financial reform and promoting supervision according to law, and the requirements of the State Council's transformation of functions, the Party Committee of the China Banking Regulatory Commission combined the opinions and suggestions of all parties in the Party's mass line education practice activities to improve the banking regulatory governance system and governance capacity, and learned from the common practices of countries around the world to strengthen post-crisis financial supervision. According to the requirements of the State Council, the Central Committee of the Communist Party of China, not to increase new institutions and personnel, focusing on the reform, development and supervision of the banking industry under the new economic normal, with the approval of the relevant departments of the central government, the regulatory organization structure of the CBRC has undergone major reforms.
The contents of the reform include: First, according to the idea of separating the formulation and implementation of regulatory rules, prudential supervision from behavioral supervision, administrative affairs from regulatory matters, on-site inspection from regulatory punishment, the responsibilities of internal institutions are re-divided and adjusted from four lines: regulatory supervision, functional supervision, institutional supervision and regulatory support. The second is to abolish two departments (training center and information center) and set up the supervision department of city commercial banks, which is responsible for the supervision of city commercial banks, city credit cooperatives and private banks; Establish a trust supervision and management department to be responsible for the supervision of financial institutions in the trust industry. Third, reform the three departments (Statistics Department, Bank Case Inspection Bureau and Financing Guarantee Business Department), set up a prudential supervision bureau, take the lead in off-site supervision, and be responsible for formulating prudential operation rules of the banking industry; Set up an on-site inspection bureau to be responsible for the on-site inspection of banking financial institutions throughout the country; Inclusive finance Banking Department was established to take the lead in promoting the banking inclusive finance. The fourth is to name the supervision departments of various institutions according to the content of supervision duties. The first part of bank supervision is the supervision department of large commercial banks; The second part of bank supervision is the supervision department of national joint-stock commercial banks; The third bank supervision department is the foreign bank supervision department; Article 4 The banking supervision department is the policy banking supervision department; The supervision department of cooperative financial institutions is the supervision department of small and medium-sized financial institutions in rural areas.
The core of this regulatory framework reform is the regulatory transformation: turning to legal supervision, strengthening on-site inspection and supervision after the event, and doing duty when authorized by law; Turn to classified supervision to improve the effectiveness and pertinence of supervision; Turn to supervision for the people and enhance the synergy of financial services in weak links; Further strengthen risk supervision and keep the bottom line that systematic and regional risks do not occur.
First, strengthen the main business of supervision, tilt resources and improve the level of professional supervision. Since the establishment of CBRC 10, great changes have taken place in the asset scale and business complexity of the banking industry, especially the steady development of small and medium-sized banks and non-bank financial institutions, which have provided multi-level and diversified financial services for the real economy. The reform, innovation and development of the banking industry urgently require the regulatory authorities to improve the level of professional supervision. This regulatory framework reform will tilt the limited organization and staffing to the front-office supervision department. After the adjustment, among the 22 departments, the regulatory department increased from 1 1 to 17, accounting for 77.3% of the total number of departments. The differentiated and specialized supervision system is more perfect, and the responsibility boundary between departments is clearer, which is more conducive to the counterpart contact with ministries and commissions and the work guidance for the dispatched institutions of the CBRC.
The second is to strengthen supervision according to law. Authorized by the law, we must do our duty and enhance the deterrent power of supervision. In accordance with the requirements of the central government governing the country according to law, this regulatory framework reform has made major institutional preparations for promoting inspection, law enforcement and administrative punishment, aiming at improving the ability of the CBRC to administer according to law and perform its duties. The on-site inspection bureau will integrate the on-site inspection power of the CBRC, strengthen the investigation and punishment of illegal business practices and illegal cases, and other regulatory departments will no longer undertake on-site inspection duties. The on-site inspection bureau will strengthen the work linkage with relevant regulatory authorities in terms of market access, daily supervision and administrative punishment in accordance with the principle of "information sharing, investigation separation and appropriate combination". Strengthen the drafting, formulation and review of regulatory laws and regulations, and undertake the specific work of the Administrative Punishment Committee and the Administrative Reconsideration Committee. The adjusted regulatory framework will highlight the authority and professionalism of supervision, further improve the level of supervision and law enforcement, standardize administrative penalties, increase penalties for illegal acts, and enhance regulatory deterrence. After the reform of the regulatory framework, the CBRC will establish a "power list", "responsibility list" and "constraint list" at different levels, promote the construction of regulatory service websites, further improve the openness of government information and enhance regulatory transparency, so as to strengthen self-discipline and strengthen regulatory accountability.
The third is to strengthen the clarity of powers and responsibilities, simplify administration and decentralize power, and reserve room for innovation. The focus of this regulatory framework reform is to reduce and decentralize administrative power, clarify the main responsibility of risk supervision, and strengthen supervision after the event. According to the principles of risk orientation, legal person supervision and territorial responsibility, the CBRC further clarified the responsibilities and authorities of risk supervision of the head office and dispatched offices. For national institutions, the supervision department of the head office mainly bears the main responsibility of risk supervision, and the dispatched institutions bear the corresponding responsibility of supervision assistance; For local institutions, the General Association only examines and approves the establishment, market withdrawal, restructuring and bankruptcy reorganization of corporate institutions, while other market access rights are delegated to the banking regulatory bureau, and the dispatched institutions in the place of registration assume the main responsibility of risk supervision, and the corresponding regulatory authorities assume the responsibility of guidance. At the same time, in accordance with the requirements of the combination of decentralization and supervision, the CBRC has established a post-evaluation mechanism for the implementation of access management and regulatory due diligence by the General Assembly, and established a negative list of administrative licenses and a list of accountability. As a territorial subject, if an organ fails to perform its supervisory responsibility, it will always restrict or collect its supervisory power according to the situation, so as to realize the differentiated authorization and strict accountability of the organ according to its performance ability. After the adjustment, the power will be returned to the market, to the society, and to the grassroots.
The fourth is to strengthen the top-level design, unify standards, and promote the overall planning of policies and regulations. Financial supervision is a part of the modern national governance system. It is an important task to improve financial supervision to strengthen the top-level design and prudential supervision system construction of the comprehensive deepening reform of the banking industry. In this regulatory framework reform, the prudential supervision bureau will ensure the unification of various prudential supervision rules and standards of the CBRC; Strengthen the leading role of the Policy Research Bureau in the top-level design and implementation of the comprehensive deepening reform of the banking industry, be responsible for coordinating with macroeconomic departments and local policies, formulate major policies for the banking industry to serve the development of the real economy, and carry out predictive analysis and forward-looking research on the macroeconomic and financial situation and major regulatory issues. The new framework will better promote the steady operation and fair competition of various banking financial institutions.
Fifth, strengthen financial services, merge functional supervision, and strengthen the joint efforts of supervision for the people and service weak links. In order to adapt to the existing business layout and the needs of the situation, and to implement the requirements of the State Council of the CPC Central Committee that "promoting development on one hand and preventing risks on the other", this regulatory framework reform coordinated banking financial services and vigorously developed inclusive finance. In accordance with the guidance of supervision for the people, strengthen the overall responsibility of inclusive finance Banking Department in serving weak links such as micro-finance, agriculture, rural areas and farmers, and supervise and coordinate non-licensed institutions such as small loans, online loans and financing. The responsibilities of functional supervision departments such as Innovation Department, Consumer Protection Bureau and Information Science Department were further clarified and strengthened, and the framework system of effective linkage between functional supervision and institutional supervision was improved. The adjusted framework improves the division of labor and cooperation between functional supervision and institutional supervision, and better guides banking financial institutions to improve the quality and efficiency of financial services.
Banking supervision P2P.
Recently, a staff member of the China Banking and Insurance Regulatory Commission said in response to the lender's appeal: "We don't care about P2P, we only care about licensed banks and insurance." Such a reply is not only a disregard for the national laws and policies, but also a disregard for the property losses of the majority of lenders, but I want to say that this is a contempt for the cognitive ability of financial consumers. Why should the bank insurance supervisor manage P2P?
First, the direct authorization of laws and regulations. The legal basis of administrative supervision is the direct authorization and entrustment of laws, regulations and rules, so the implementation of rules is the category of administration according to law. According to the second paragraph of Article 2 of the Administrative Procedure Law, "the so-called administrative acts include those made by organizations authorized by laws, regulations and rules." As early as 20 15, with the consent of the CPC Central Committee and the State Council, nine ministries and commissions, including the People's Bank of China, jointly formulated and issued the Guiding Opinions on Promoting the Healthy Development of Internet Finance (Yinfa [2065438+05] No.221); In 20 16, with the approval of the State Council, the CBRC and other four ministries (offices) jointly formulated and issued the Interim Measures for the Management of Business Activities of Information Intermediaries in Personal-to-Personal Lending (CBRC Order [2065 438+06] 1No.). These two multi-sectoral joint provisions, which belong to the legal category, clearly define the supervisory responsibilities of the CBRC. The Guiding Opinions on Promoting the Healthy Development of Internet Finance stipulates that "(8) Peer-to-peer lending. Peer-to-peer lending includes personal peer-to-peer lending (P2P peer-to-peer lending) and network. Personal peer-to-peer lending refers to direct lending between individuals through the Internet platform. Should personal peer-to-peer lending adhere to the platform function? It is necessary to clarify the nature of information intermediary, which mainly provides information services for both borrowers and borrowers to borrow directly, and does not provide credit enhancement services or illegal fund-raising? P2P loan business is supervised by China Banking Regulatory Commission. " Article 4 of the Interim Measures for the Management of Business Activities of Personal-to-Personal Lending Information Intermediaries stipulates that "the State Council Banking Regulatory Authority and its dispatched offices shall be responsible for formulating the supervision and management system of personal-to-personal lending information intermediaries' business activities and implementing behavioral supervision." Article 33 stipulates that "the State Council banking supervision institutions and their dispatched offices shall be responsible for formulating unified and standardized development policies and measures and supervision and management systems, supervising the daily behavior of information intermediaries in peer-to-peer lending, guiding and cooperating with local people's governments to do a good job in institutional supervision and risk disposal of information intermediaries in peer-to-peer lending, and establishing a cross-departmental and cross-regional supervision and coordination mechanism." Generally speaking, China Banking Regulatory Commission should manage P2P online lending business, management system and execution behavior, and guide risk control and departmental coordination. What needs to be said is that zg China Banking and Insurance Regulatory Commission led or participated in the formulation and promulgation of the above two regulations, but it has not been implemented now! This shows how serious the financial supervision decrees are not smooth and the decrees are unreasonable!
Second, the special authorization of the law. The staff in China Banking and Insurance Regulatory Commission said that we only hold financial licenses, so where is the legal basis? Who will be responsible for illegal financial activities without a license? Let's analyze it in detail. First of all, what is a financial license? To put it simply, those who have been approved and registered by the financial supervision department are said to have a financial license, otherwise they are regarded as not having a financial license. According to the logic of a staff member of the China Banking Regulatory Commission, banking supervision institutions only have the approval and registration of financial supervision departments, and P2P online lending institutions have no permission and registration, so we don't care. Although the receptionist of China Banking Regulatory Commission replied that regardless of p2p, they all perform their duties, but which institution is in charge? It should be the law. Who is in charge of the unauthorized establishment of financial institutions and illegal financial activities as stipulated by law? Paragraph 2 of Article 11 of the Law on Commercial Banks stipulates that "without the approval of the the State Council Banking Regulatory Authority, no unit or individual may engage in commercial banking business such as absorbing public deposits." Article 19 of the Banking Supervision and Administration Law stipulates that "no unit or individual may establish a banking financial institution or engage in the business activities of a banking financial institution without the approval of the banking supervision and administration institution of the State Council." What should I do if I violate the regulations? Article 81 of the Law on Commercial Banks and Article 44 of the Law on Banking Supervision and Administration both stipulate that it shall be banned by the banking supervision and administration institution of the State Council. If a crime is constituted, criminal responsibility shall be investigated according to law. Therefore, the banking supervision institution should supervise all financial institutions and people engaged in financial activities. In other words, it is necessary to control both legally established and illegally established; It is necessary to manage the examination and approval of the license and the unauthorized operation; It is necessary to manage both those with business licenses and those without business licenses.
Whether P2P online lending institutions are illegally established or engaged in financial business activities requires the supervision and management of CBRC according to law. It has been confirmed that "the essence of Internet finance still belongs to finance", and P2P online lending platform is an Internet financial institution engaged in financial intermediary service activities. By the end of 2020, when the online loan business was cleaned up, several head platforms, such as Rendai and Jiufu, were not registered in the financial supervision department, belonging to the company platform, and there was no approval or license (no license). According to the effective judgment, these two online lending platforms are naturally engaged in illegal financial business activities. Therefore, according to the requirements of laws and regulations, the banking supervision and management institutions should be responsible.
202 1 May 20th, 2008
Which department supervises online loans?
It is supervised by China Banking Regulatory Commission.
Specifically, the online loan research department of inclusive finance Department of CBRC is responsible for supervision. "Online Loan Research Department" is the specific department responsible for P2P supervision under the inclusive finance Department of CBRC, and Liu Bin, a researcher of inclusive finance Department, is responsible for the specific work. However, I didn't find what this research room did. I will see later that the rectification of P2P is still in progress.
This concludes the introduction of how to supervise p2p loans online and how to supervise p2p loans. I wonder if you have found the information you need?