Intermediate fund account is established for transaction verification and posting, and its establishment is a necessary part of P2P platform. However, at present, the intermediate fund accounts of domestic online lending platforms are generally in a regulatory vacuum, and the right to allocate funds is still in the hands of the platform. If the time difference and terms are not strictly controlled, the moral hazard caused by the deposit of funds in intermediate accounts such as "absconding with money and using it for other purposes" is great.
Therefore, by monitoring the source, custody, settlement and ownership of capital flow, analyzing the roles of all parties involved in credit activities in detail, and monitoring the "earmarking" of intermediate fund accounts, the possibility of P2P online lending platform intervening in illegal fund-raising or commercial fraud can be avoided, and it is also beneficial for relevant departments to conduct social financing statistics and monitoring analysis.
Domestic P2P online lending platforms generally open intermediate fund accounts in banks and third-party payment platforms to realize intermediate transfer settlement. The general attitude of fund custodians is to allow accounts to be opened, but not to allow supervision. The regulatory authorities can consider appointing a custodian to be responsible for the intermediate fund account, so that the platform itself can only view the account details, but can't call the funds at will. In addition, a professional certification body can also be established to certify the security of funds independently of the P2P platform. Loan agreement terms
Article 10 of the Supreme People's Court's Opinions on the Trial of Lending Cases by People's Courts: A loan relationship formed by one party by fraud, coercion or taking advantage of others' danger in violation of its true meaning shall be deemed invalid.
Article 11 of the Supreme People's Court's Opinions on People's Courts Handling Lending Cases: Lenders know that borrowers borrow money for illegal activities, and their lending relationship is not protected.
Provisions on providing guarantee for loans
Article 198 of the Contract Law stipulates that when concluding a loan contract, the lender may require the borrower to provide a guarantee. The guarantee shall comply with the provisions of the Guarantee Law of People's Republic of China (PRC).
Article 13 of the Supreme People's Court's Opinions on People's Courts Handling Loan Cases: In the loan relationship, the person who only plays the role of contact and introduction does not assume the guarantee responsibility. If there is a real intention to guarantee the performance of the debt, it shall be recognized as a guarantor and bear the guarantee responsibility.
Article 2 1 1 of the Contract Law: "If there is no agreement or unclear agreement on the payment of interest in the loan contract between natural persons, it shall be deemed as non-payment. If the loan contract between natural persons stipulates the payment of interest, the loan interest rate shall not violate the relevant provisions of the state on limiting the loan interest rate. "
Article 6 of the Supreme People's Court's Opinions on People's Courts Handling Lending Cases: "The interest rate of private lending can be appropriately higher than that of banks, and the local people's courts can specifically grasp it according to the actual situation in the region, but the maximum interest rate shall not exceed four times (including interest rate) of similar loans of banks. Beyond this limit, the excess interest will not be protected. "
Chapter 23 "Intermediary Contract" of the Contract Law clearly stipulates that an intermediary can provide intermediary services concluded in a loan contract and collect corresponding remuneration from the principal according to law. Therefore, the existence of loan service institutions and the collection of service fees are in line with the law and protected by law. 20 1 1 On August 23, 2008, the General Office of the China Banking Regulatory Commission issued the Notice on the Risk Warning of Renren Loan, which clarified four red lines that should be set reasonably:
First of all, it is necessary to clarify the intermediary nature of the platform.
Second, it should be clear that the platform itself does not necessarily provide guarantees.
Third, the pool of funds is not allowed.
Fourth, it is forbidden to illegally absorb public deposits. After reaching the industry norms, the CBRC and banks or third-party payment institutions will conduct fund custody. In view of the mixed situation of P2P peer-to-peer lending industry, provincial regulatory authorities can learn from modern information technology, establish relevant electronic registration and fund custody systems, do a good job in special governance, and promote the healthy development of online lending platforms. First, clarify the intermediary nature of the platform and strictly observe the intermediary role of fund matching;
Second, do not raise funds, do not engage in fund pools, do not illegally absorb public funds, and do not touch the red line of illegal fund-raising;
Third, it is clear that the platform itself does not provide guarantees, and the qualifications of the introduced guarantee institutions are strictly reviewed;
4. Resolutely stop forging false borrowers and oppose loans and false loans from the platform and its associated accounts;
5. Strictly observe the bottom line of information security and protect investors and information security;
Sixth, third-party custody of investors' funds to ensure the safety of investors' funds;
Seven, guide investors to rational investment, clear charging standards, not excessive pursuit of high returns;
Eight, full disclosure of information, disclosure of their own business information, the necessary risk warning;
Nine, * * * to promote the construction of industry self-regulatory organizations, and promote the construction of a sound credit system;
Ten, adhere to the inclusive finance concept, * * * committed to solving the financing problem of small and medium-sized enterprises.