You can't. The People's Bank of China shall not provide guarantee to any unit or individual. Loans may not be provided to non-bank financial institutions and other units and individuals, except that the State Council has decided that the People's Bank of China may provide loans to specific non-bank financial institutions.
Is the company specializing in bank loans legal?
Legal, 1. Credit companies are legal companies, but now there are some shell companies, so it is necessary to make a field trip. 2. Credit companies refer to non-bank financial institutions established with the approval of China Banking Regulatory Commission according to relevant laws and regulations to provide loan services for individuals and individual industrial and commercial households. 3. Credit companies provide unsecured and unsecured credit services to individuals. As long as they provide proof of identity, income and address, they can apply for a loan of up to 300,000 yuan. Article 225 of the Criminal Law of People's Republic of China (PRC), in violation of state regulations, commits one of the following illegal business operations, disrupting market order, and if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times his illegal income or his property shall be confiscated: (1) dealing in franchise, monopoly goods or other commodities whose business is restricted by laws and administrative regulations without permission; (2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations; (three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business; (four) other illegal business activities that seriously disrupt the market order.
Is the loan company legal?
At present, small loan companies are not illegal, and there are many such companies. They have a legal business license, but they should pay attention when handling loans, because some companies are informal, so we must pay attention to how the contract is handled.
First, is the microfinance company legal?
A small loan company is an independent legal person approved by the competent department of the provincial government and obtaining a business license in the industrial and commercial department. They don't need a license to operate financial business, so they don't belong to financial institutions. However, small loan companies operate money and issue loans, but they are performing the functions of financial institutions, which makes small loan companies embarrassed in their identity and causes the following shortcomings:
1. The deposit in the bank is only implemented according to the deposit interest rate of ordinary industrial and commercial households, which is far lower than the interbank deposit interest rate of financial enterprises and not as high as the deposit interest rate in the central bank. 2. When financing from banking financial institutions, you can't enjoy the preferential interest rate of interbank borrowing, and you can only implement it according to the general enterprise loan interest rate, which is high in financing cost. 3. Because microfinance companies are not financial institutions, it is not conducive to the maintenance of their financial claims. 4. As microfinance companies do not belong to financial institutions, they can neither enjoy the preferential tax policies of financial institutions nor enjoy various financial subsidies from rural financial institutions, but they have to pay taxes and fees according to ordinary enterprises, resulting in a heavier tax burden for microfinance companies. According to the survey, microfinance companies generally have to pay 5.56% business tax and surcharges, 25% enterprise income tax, 1.5% price control fund and 0.65438+.
2. Are microfinance companies regulated by government departments?
According to the relevant provisions of the guidance, microfinance companies do not belong to banking financial institutions, and the provincial government clearly stipulates that a competent department is responsible for the supervision and management of microfinance companies, which leads to two situations:
1. In the provincial government, there is generally a financial office to supervise, and at the city and county levels, the financial work leading group is responsible for supervision. As the leading group for financial work is a non-permanent organization sponsored by the government, the People's Bank of China, the banking supervision department, the industrial and commercial department, the financial department, the tax department and the audit department, the virtualization problem of "multi-supervision" eventually becomes "unsupervised".
2. The situation is that the People's Bank of China and the banking supervision department are not directly responsible for the supervision of small loan companies, so that when the above two departments monitor and count the interest rate, loan investment and capital flow of small loan companies, the attitude of small loan companies is not positive, and the data provided are often inaccurate and the information submitted is not timely. At the same time, if there are no illegal and criminal acts in the actual operation process, then the microfinance company at this time should be legal. However, some microfinance companies have agreed with borrowers that the loan interest is high, but they have not reached the standard of usury, so they will not think that the other party is usury.
Is it legal to borrow between non-financial enterprises?
The loan contract between non-financial enterprises is invalid.
Some courts hold that the laws and administrative regulations of our country do not clearly stipulate how to determine the validity of the company's loan contract, but the company's loan behavior harms the interests of the public. The legal basis for determining the invalidity of the contract is the stipulation in Item (4) of Article 52 of the Contract Law: a contract that harms the interests of the public is invalid.
Inter-enterprise lending is an act of mutual lending between non-financial enterprises. According to the laws of China, non-financial enterprises are generally not allowed to borrow from each other. However, in view of some outstanding problems in the current economic operation, in today's judicial practice, the lending between non-financial enterprises should be based on the actual situation of the case.
If there is a relationship between superiors and subordinates and a long-term business relationship, and the short-term loan to the enterprise is temporary and individual and does not charge high interest, it is not an illegal act of handling lending or disguised lending financing business in violation of state regulations after examination, and it can be recognized as effective in combination with other circumstances.
Extended data:
1. On the basis that the current legal system of our country is not clear about the validity of the enterprise loan contract, we must grasp the nature of the enterprise loan behavior according to the actual situation of the case. For enterprises that have been in contact with each other, temporary and personal short-term loans that are not for profit and do not violate the prohibitive provisions of laws and administrative regulations can be considered as effective.
2. When trying a specific case, the court should mainly review the following aspects of the loan contract.
(1) Whether the lender takes financing as a regular business in practice, it is determined whether the lender aims at making profits by examining the interest and liquidated damages agreed in the loan contract.
(2) Whether the lender's use of the money is really necessary for production and operation, and whether the capital turnover is difficult.
(3) Whether the borrowing behavior belongs to temporary borrowing. Only after finding out the above facts can the court judge the nature of the enterprise loan contract according to its value. If the loan is accidental, individual and mutual aid, it shall be deemed as valid. If the enterprise engages in financial business for profit, the enterprise loan contract is invalid.
Phoenix. Loans between enterprises are not all invalid.
Chengdu court network-research on trial thinking of private lending dispute cases