1, legal qualification
If you want to find a small loan company to apply for a loan, you need to know the relevant qualifications of this small loan company first. First of all, a regular small loan company should have a legal business license, a fixed office address and company phone number. The registered name of a company is generally composed of "region+name+small loan+company nature", because the word "small loan" can only be used after being audited by the provincial financial office.
2. Formal loan contract
Formal microfinance companies will not contact borrowers through QQ, WeChat, etc. In the process of loan approval. Only after the application is approved will they contact the borrower by phone and sign the loan contract in person. The so-called loan contracts that can be faxed online are basically liars.
3. There is no upfront cost.
Formal small loan companies will not charge any fees before formal lending, while scammers will charge various fees, such as handling fees, management fees and capital verification fees. This is especially important for borrowers.
4. Loan interest rate
The interest of regular microfinance companies will rise on the basis of the bank's loan interest rate for the same period, but it will not be too high. Although small loan companies have service fees, management fees and other expenses in addition to interest. At the same time, we should pay attention to the low-interest (low-interest) loans on the Internet, which are mostly scams.
Most personal loan companies are formal.
At present, the first-line customers (with houses, cars and mortgages) are divided by the four major state-owned banks, the second-line customers (with houses and cars but mortgages, but with good credit standing) are divided by credit cooperatives and local small banks, and the small guarantee companies are third-line customers (with RVs as collateral, but no black households are overdue but have no debts), and they will guarantee you loans from cooperative banks such as credit cooperatives and local small banks.
Charging a certain percentage of service fee (plus the interest of the bank itself is nearly 1.4%) is 0.008% higher than that of small banks and 0.0045 (or so) higher than that of state-owned banks, but it is legal and protected by law.
The main service targets are individuals that traditional commercial banks cannot take care of, including wage earners, individual industrial and commercial households and other people. If you have a stable salary and can provide credible identity and address as proof, you can apply for unsecured and unsecured personal loan service.
The loan amount is generally less than 300 thousand, and the loan speed is also very fast. Since the state issued relevant policies in 2004, China's personal loan industry has developed rapidly. As the earliest and largest personal loan company in China, Zhongan Xinye has dozens of branches all over the country, with standardized management and good reputation.
A personal loan company is an enterprise legal person, with independent legal person property and legal person property rights, and bears civil liability for its debts with all its property. Shareholders of small loan companies enjoy the right to return on assets, participate in major decisions and choose managers according to law, and are liable to the company to the extent of their subscribed capital contribution or subscribed shares.
Individual loan companies shall abide by national laws and administrative regulations, implement national financial policies, implement financial standards and accounting systems of financial enterprises, and accept the supervision and management of governments at all levels and relevant departments according to law.
legal ground
Article 25 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases.
If the lender requests the borrower to pay interest at the interest rate agreed in the contract, the people's court shall support it, except that the interest rate agreed by both parties exceeds 4 times the market quotation of one-year loan at the time of the establishment of the contract.
The "one-year loan market quotation" mentioned in the preceding paragraph refers to the one-year loan market quotation issued monthly by the National Interbank Funding Center authorized by the People's Bank of China from August 20th, 20th, 20th19th.
Article 26. The loan amount specified in debt certificates such as IOUs, receipts and IOUs is generally recognized as the principal. If interest is deducted from the principal in advance, the people's court shall confirm the actual amount lent as the principal.
Article 225 of the Criminal Code of People's Republic of China (PRC).
Whoever, in violation of state regulations, commits one of the following illegal business operations and disrupts the market order, 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 for illegal gains or confiscation of property:
(a) without permission, the franchise, monopoly of goods or other goods restricted by laws and administrative regulations;
(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.
Notice of the People's Bank of China on Banning Underground Banks and Cracking Down on usury (Yinfa [2002] No.30)
Strictly regulate private lending behavior. Private individual lending activities must strictly abide by the relevant provisions of national laws and administrative regulations, and follow the principles of voluntary mutual assistance, honesty and credit. In private individual lending, the lender's funds must be its own monetary funds belonging to its legitimate income, and it is forbidden to absorb other people's funds and transfer them to others for lending. The interest rate of private personal loans shall be determined by both borrowers and borrowers through consultation, but the interest rate determined through consultation between the two parties shall not exceed 4 times of the loan interest rate of financial institutions of the same grade in the same period announced by the People's Bank of China (excluding floating). Those who exceed the above standards should be defined as high-interest loans.
Criminal law of the people's Republic of China
Article 175 The crime of usury is aimed at usury, and if the illegal income is relatively large, it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also 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. Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards of Criminal Cases under the Jurisdiction of Public Security Organs (II)
Article 26 A case of usury (Article 175 of the Criminal Law), in which credit funds are borrowed from financial institutions for the purpose of lending, and usury is given to others, shall be filed for prosecution if it is suspected of any of the following circumstances:
(1) Lending with high interest rate, and the illegal income is more than 100,000 yuan;
(two) although it does not meet the above amount standard, it has been subject to administrative punishment for lending at high interest rate for more than two times in two years, and it has also lent at high interest rate.