According to Article 211 of the Contract Law:' 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'.
At the same time, according to the relevant provisions of the Provisions on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases issued by the Supreme People's Court on 20 15, the interest rate agreed between the borrower and the lender does 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's court shall support it. If the interest rate agreed between the borrower and the borrower exceeds the annual interest rate of 36%, the interest agreement in excess shall be invalid. The people's court shall support the borrower's request to the lender to return the interest paid in excess of 36% per annum.
To sum up, it is not illegal to decentralize usury under normal circumstances. Among them, interest with an annual interest rate of more than 36% is not protected by law, and unprotected interest does not mean illegal. If you use the funds of financial institutions to lend money, it may violate the criminal law.
According to the provisions of Article 175 of the Criminal Law, for the purpose of lending, taking credit funds from financial institutions and lending them to others at high interest rates, the amount of illegal income is large, which constitutes the crime of lending at high interest rates. Be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and be fined not less than one time but not more than five times the illegal income; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined not less than one time but not more than five times the illegal income.
If you are an ordinary grass-roots employee working in a usury company and know nothing about some illegal activities, there will be no big problem. The usury company itself is not illegal, and it is not illegal to work in a usury company. However, if the company engages in illegal detention, extortion, beating others and other illegal acts, resulting in serious consequences, it may be involved.
Usury is a civil contractual relationship. If there is no fraud, coercion, imposition, illegal possession and other factors in his behavior, he cannot be investigated for illegal responsibility. Only if it exceeds the legal interest rate will it not be protected by law. If a borrower who exceeds the statutory interest rate claims to return more than part of the interest, the people's court shall support it.
Related Questions and Answers: Related Questions and Answers: Is the loan company a usurer? In many people's minds, traditional banks are the best choice for loans. With the development of internet finance, many people will also apply for loans from microfinance companies. Because the interest rate of microfinance companies is relatively high, many people think that microfinance companies are usurious. In fact, this concept is not accurate. Let's analyze and compare from several aspects, whether microfinance companies are usurers.
1. These two definitions are different.
Microfinance companies are defined as formal private quasi-financial institutions, and usury is defined as illegal private lending.
2. Different standards of interest
The loan interest standard of small loan companies is less than 4 times the interest rate stipulated by the state, and the excess is not protected. The loan interest of usury is unlimited, and the monthly interest rate is even higher than 2 points.
3. Different regulatory agencies
The supervision departments of microfinance companies are the State Administration for Industry and Commerce, the China Banking Regulatory Commission, the People's Bank of China and the public security department, while usury is illegal lending and there is no supervision by relevant institutions.
4. Legal persons have different requirements.
The regulatory authorities are very strict with the legal person of microfinance companies. The legal person should be a well-known entrepreneur, and the enterprise has been operating well for more than three years. The legal person himself has no bad record. In principle, the market net assets of small loan companies should be more than 20 million, and the capital contribution shall not be higher than the net assets. On the other hand, usury, a legal person has no requirements, and anyone can become a legal person.
In addition to the above provisions, when borrowers are unable to repay their debts, usurers will also have violent debt collection incidents. However, microfinance companies are formal financial institutions in the country, which are regulated and are not allowed to collect debts by violence. In addition, regular small loan companies can only borrow but not save, and can raise money from banks without funds.
As can be seen from the above, formal microfinance companies and usury institutions are completely different. Zhihui Rubik's Cube reminds borrowers to apply for loans from microfinance companies carefully and carefully to avoid being deceived.