1 Measures of People's Republic of China (PRC) Municipality on Banning Illegal Financial Institutions and Illegal Financial Business Activities (1998 07 13 * * * Without the approval of the People's Bank of China according to law, no unit or individual may set up financial institutions or engage in financial business activities.
2. Article 1 1 of the Law on Commercial Banks stipulates that the establishment of a commercial bank shall be examined and approved by the the State Council Banking Regulatory Authority. Without the approval of the the State Council Banking Regulatory Authority, no unit or individual may engage in commercial banking business such as absorbing public deposits, and no unit may use the word "bank" in its name.
3. Article 81 of the Commercial Bank Law stipulates that if a commercial bank is established without the approval of the the State Council Banking Regulatory Authority, or if it illegally absorbs or absorbs public deposits in disguise, which constitutes a crime, criminal responsibility shall be investigated according to law; And banned by the State Council Banking Regulatory Authority.
4. Article 83 of the Law on Commercial Banks stipulates that if the acts specified in Article 81 of this Law do not constitute a crime, the the State Council Banking Regulatory Authority shall confiscate the illegal income, and if the illegal income is more than 500,000 yuan, it shall also impose a fine of more than one time and less than five times the illegal income; If there is no illegal income or the illegal income is less than 500,000 yuan, a fine of not less than 500,000 yuan but not more than 2 million yuan shall be imposed.
5. Paragraph 2 of Article 4 of the Supreme People's Court's Answers on Several Issues Concerning the Trial of Joint Venture Contract Disputes (1990 1 12): As a joint venture, an enterprise legal person or institution invests in the joint venture, but it does not participate in the joint venture, nor does it assume the risk responsibility of the joint venture, and it will recover the principal and interest on schedule regardless of profit or loss. In addition to returning the principal, the investor shall also receive the interest obtained or agreed upon by the investor, and impose a fine equivalent to the bank interest on the other party.
6. the Supreme People's Court's Answer on How People's Courts Identify Contract Lenders who Borrow from Enterprises without Obtaining Agreed Interest (1March 25, 996) stipulates that people's courts shall charge agreed interest to borrowers who borrow from enterprises or investors who are called joint ventures.
7. the Supreme People's Court's "Reply on How to Deal with the Borrower's Overdue Loan" (65438+1September 23, 996) stipulates that the enterprise loan contract violates relevant financial regulations and is invalid. After the expiration of the contract period, if the borrower fails to repay the principal within the time limit, and the parties bring a lawsuit to the people's court, the people's court shall make a judgment in accordance with the relevant provisions of Item (2) of Article 4 of No.27, Answers to Several Issues Concerning the Trial of Disputes over Joint Venture Contracts, the Supreme People's Court Law (J) Zi 1990, and determine the interest of the borrower from the date of expiration of the repayment period agreed by both parties to the date of court judgment. If the two parties have not agreed on the loan interest, it shall be calculated according to the bank loan interest rate for the same period. If the borrower fails to repay the principal within the time limit determined by the judgment, it shall double the interest during the period of delay in performance in accordance with the provisions of Article 232 of the Civil Procedure Law.