Legal analysis: peer-to-peer lending is legal. Peer-to-peer lending is actually a kind of private lending, which is legal. In peer-to-peer lending, private lending contracts are concluded in the form of network contracts, and contractual obligations of lending and repayment of principal and interest are fulfilled and provided through the network. The characteristics of peer-to-peer lending mainly include: the extensiveness of both borrowers and lenders; Flexibility and efficiency of trading methods; The risks and benefits are high. Compared with traditional loan methods, online lending is completely.
Legal basis: Provisions of the Supreme People on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases Article 22 If the legal representative of a legal person or the person in charge of an unincorporated organization signs a private lending contract with the lender in the name of the unit, and there is evidence to prove that the loan belongs to the legal representative or the person in charge for personal use, and the lender requests that the legal representative or the person in charge be listed as a co-defendant or a third party, the people will allow it. The legal representative of a legal person or the person in charge of an unincorporated organization enters into a private loan contract with the lender in the name of an individual, and the borrowed money is used for the production and operation of the unit. If the lender requests units and individuals to share the responsibility, the people should support it.
Second, is the online platform loan legal?
It is best to apply for a loan at a local bank.
Conditions for applying for loan business:
1,18-a natural person aged 65;
2. The borrower's actual age plus the loan application period shall not exceed 70 years old;
3. Have the ability to stabilize employment, income and repay the loan principal and interest on schedule;
4. Good credit information and no bad records;
5. Other conditions stipulated by the bank.
3. What is the legal interest rate in peer-to-peer lending?
The statutory interest rate for personal-to-personal loans is as follows:
1, if the annual interest rate does not exceed 24%, it is legal and valid. The interest rate agreed by both parties shall not exceed the annual interest rate of 24%, and if the lender requests the borrower to pay interest at the agreed interest rate, the people shall support it.
2. If the annual interest rate exceeds 24% to 36%, private lending is a natural debt, depending on the wishes of the parties. If a lawsuit is filed, it is not protected, but the parties are willing to perform it automatically and have no objection, but the borrower cannot demand the return of the interest already paid.
3. The annual interest rate exceeding 36% is invalid. The interest rate agreed by both parties exceeds the annual interest rate of 36%, and the interest agreement exceeding the part is invalid. If the borrower requests the lender to return the interest paid in excess of 36% per annum, the people shall support it.
legal ground
Article 22 1 of the Contract Law stipulates that if the loan contract between natural persons stipulates to pay interest, the loan interest rate shall not violate the relevant provisions of the state on limiting the loan interest rate.