Provisions on the collection of online loan guarantee fees and service fees are as follows:
1, the guarantee amount is less than 5 million yuan, and the annual guarantee rate is 5%;
2. For the part with a guarantee amount of 5 million yuan, the annual guarantee rate is 4%;
3. The annual guarantee rate is 3% for the part with the guarantee amount exceeding 6,543,800+million;
4. If the guarantee fee charged at the above rate is less than 2,000 yuan, it shall be charged at no less than 2,000 yuan;
5. The guarantee fee shall be paid to the guarantee company in one lump sum by the borrowing enterprise after all formalities are completed.
The above are the details of the fees charged by the guarantee company. The handling of related matters needs to be strictly based on the actual guarantee bank, especially the specific scope of the guarantee company's fees. The guarantee method needs legal approval and both parties should negotiate.
Legal basis:
civil law
Article 386
When the debtor fails to perform the due debt or the parties agree to realize the security interest, the holder of the security interest shall enjoy the priority of compensation for the secured property according to law.
Article 387
In civil activities such as lending and trading. Creditors create security interests to ensure that they comply with the provisions of this law and other laws.
If a third party provides a guarantee for the debtor to the creditor, it may require the debtor to provide a counter-guarantee. The provisions of this law and other laws shall apply to counter-guarantee.
2. Is there a charging standard for the guarantee fee?
What you should say is housing security. There is no uniform standard for the charging standard of guarantee service in China, but it should be reported to the price department at the same level for approval.
"Trial Measures for the Administration of Real Estate Guarantee" Article 2 The term "real estate guarantee" as mentioned in these Measures refers to the act that a real estate guarantee company established in accordance with these Measures (hereinafter referred to as the guarantee company) signs a guarantee contract with the lender to provide joint and several liability guarantee for the borrower to apply for personal housing loans when the borrower cannot meet the requirements of the lender to provide guarantee.
Fourteenth guarantee service charges should be reported to the price department at the same level for approval. The guarantee service fee shall be paid by the borrower to the guarantee company.
3. Is it legal for the online loan platform to charge the guarantee fee?
Legal analysis: First, it is illegal. The online lending platform cannot be used as an online lending platform, and the user's guarantee fee cannot be charged for any reason. P2P lending is actually the intermediary role of private lending network platform, and the relationship between borrowers and investors is one-to-one. Under normal circumstances, it is legal to borrow money and return it in time. However, if P2P illegally absorbs deposits or engages in illegal fund-raising or engaging in it, it is an illegal crime. Second, there is no doubt that poor credit information will affect the loan application. Under normal circumstances, if there are three consecutive overdue records accumulated for more than six times in personal credit records, the loan application will be rejected to a large extent. Credit cards, mortgages and car loans will all appear in your personal credit report if they are overdue. Property buyers can visit the Personal Credit Information Center of China People's Bank for credit information inquiry, but the results are for reference only, and the loan is subject to the actual inquiry results of the bank. Legal basis: Article 2 of the General Rules for Loans The lender mentioned in these General Rules refers to a Chinese-funded financial institution legally established in China to engage in loan business. The borrower mentioned in these General Rules refers to legal persons, other economic organizations, individual industrial and commercial households and natural persons who have obtained loans from Chinese-funded financial institutions engaged in loan business. The term "loan" as mentioned in these General Rules refers to the monetary funds provided by the lender to the borrower and repaid the principal and interest at the agreed interest rate and time limit. The loan currencies in these General Rules include RMB and foreign currency. Article 3 The issuance and use of loans shall comply with national laws, administrative regulations and management regulations issued by the People's Bank of China, and follow the principles of efficiency, safety and liquidity. Derivative question: What qualifications do online lending platforms need? 1. Check the legality of P2P online lending companies. First of all, we should verify the authenticity of the platform, including the real business license, enterprise organization code, office address and real information. 2, look at the website content display. As a user, it is convenient to register and log in on this platform, and whether it can support online access of mobile phones and tablets. Observe whether the bidding information is clear and analyze the rules of automatic bidding. 3, the loan interest rate is too high to be carefully considered. Generally speaking, the mainstream financing cost of platform borrowers consists of three parts: wealth manager's income, platform service fee and guarantee fee. Suppose that the interest rate of a platform to investors is 20%, the platform service fee is 2%, the guarantee fee is 2%, and the cost that the borrower needs to bear is 24% interest. For borrowers with this qualification, guarantee companies often charge higher guarantee fees because of high risks. The guarantee fee is far more than 2%, and the real borrowing cost may reach 30%-40%. This interest rate has reached interest, so there must be something wrong with the high-interest platform.
4. What are the rules for the collection of online loan guarantee fees and service fees?
The sum of guarantee fee, service fee and interest cannot exceed the annual interest rate of 36%.