2065438+On the afternoon of August 24th, 2006, CBRC issued the Interim Measures for the Management of Business Activities of Information Intermediaries in Personal-to-Personal Lending (hereinafter referred to as the Interim Measures).
According to the summary of the Interim Measures, we have sorted out several core regulatory contents:
1, small dispersion also takes into account the risks of information intermediaries and investors.
2. The positioning of online lending is a supplement to traditional finance.
3. There are no restrictions on lenders.
4. The risk reserve has not been carefully discussed.
5. Twelve regulatory red lines have become thirteen.
The Measures adds a new item to the "negative list", that is, P2P is explicitly prohibited from transferring creditor's rights, that is, P2P may not engage in asset securitization business or realize creditor's rights transfer in the form of packaged assets, securitized assets, trust assets and fund shares. In addition, the ban on related party transactions has been abolished, and it has become a ban on self-financing and disguised self-financing; It is also forbidden to open stores offline, and offline publicity and financing promotion are prohibited.
6. The automatic bidding mode is still possible, provided that the investor authorizes it.
7. The business scope is peer-to-peer lending information intermediary.
8. The transition period is twelve months.
9. The investor protection system will be gradually introduced.
10, the local financial office may put on record after the special rectification.
Second, the central regulations on p2p?
The Interim Measures for the Management of Business Activities of Personal-to-Personal Lending Information Intermediaries (hereinafter referred to as the "Interim Measures") promulgated on August 24th, 20 16 makes the following provisions on personal-to-personal lending information intermediaries:
Peer-to-peer lending information intermediaries shall not be responsible for their own profits and losses, and shall not provide guarantees or guarantee the lender's principal and interest. It is not allowed to split financing projects, and it is not allowed to sell financial products such as bank wealth management, brokerage asset management, funds, insurance or trust products. Do not engage in equity crowdfunding and do not engage in physical crowdfunding. Shall not absorb public deposits; Do not establish an asset pool; The specific amount of online lending institutions should be mainly small.
The Interim Measures allow online lending institutions to introduce third-party institutional guarantees or conduct business cooperation with insurance companies. Negative list management shall be implemented for online loan business activities, and the transfer of creditor's rights in the form of asset securitization shall not be carried out. In addition, online lending institutions should fully disclose the information of borrowers and financing projects.
3. What laws and regulations are involved in 3.p2p online lending?
I. Legal basis for the operation and charging of P2P online lending platform:
1. Article 424 of the Contract Law stipulates that an intermediary contract is a contract in which the broker reports to the client the opportunity to conclude a contract or provides media services for concluding a contract, and the client pays remuneration.
2. Article 426 of the Contract Law stipulates that if the trustee-trader facilitates the establishment of a contract, the trustor shall pay remuneration as agreed.
Two, the legal basis for investors and borrowers to borrow:
1. Article 19 of the General Principles of Civil Law of People's Republic of China (PRC) stipulates that the legal loan relationship is protected by law.
2. 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.
Extended data:
Classification: planned contract and general contract
Any contract signed directly according to the national economic plan is called a planned contract. Such as purchase and sale contracts and construction contracts signed by enterprise legal persons according to national plans.
Ordinary contracts, also known as unplanned contracts, are not based on national plans. The contract between citizens is a typical unplanned contract. Since the reform of economic system in China, planned contracts have been decreasing day by day. Under the condition of socialist market economy, the planned contract has been controlled in a very small range.
Bilateral contract and unilateral contract: A bilateral contract is a contract in which both parties undertake obligations, and the obligations and rights of both parties are interrelated and mutually causal. Such as sales contracts, contracting contracts, entrustment contracts (free and paid) and custody contracts (free and paid).
A unilateral contract refers to a contract in which only one party undertakes obligations and the other party only enjoys rights. Gifts (the only pure free contract) and natural loans (both free and paid) are typical unilateral contracts.