1, it is not illegal to be a loan intermediary. The main reason is that according to the Civil Code and other legal forms, the market subject's right to borrow and benefit from its own funds is confirmed. Article 40 of the Law of People's Republic of China (PRC) on the Promotion of Small and Medium-sized Enterprises encourages all kinds of social intermediary institutions to provide information consultation, investment and financing, loan guarantee, legal consultation and other services for small and medium-sized enterprises. In most cases, it is legal to be a loan intermediary.
2. With the increase of loan products from the Internet and physical stores, the loan industry has also grown year by year, and the business of loan intermediaries has also appeared and expanded. Some people may think that it is illegal to be a loan intermediary, but it depends. In most cases, it is legal to be a loan intermediary, and it is also supported and protected by law. But it is worth noting that the loan intermediary should pay attention to the customer's loan interest rate. Only if the monthly interest rate is lower than two points is a reasonable and legal loan. If the monthly interest rate of the loan exceeds two points, it belongs to it and is not subject to legal acceptance and protection. It is illegal for loan intermediaries to get involved in business. Therefore, whether the loan intermediary is legal depends on whether the loan product is legal.
First, what is an intermediary?
1, intermediary, is an organization that provides intermediary services to customers. It can't directly provide corresponding services and commodities, but it can find and arrange these services and commodities for you to choose and decide. For example, if you want to hold a small party at home, you need some professional waiters and chefs. You can find these people for you through an intermediary. You may also need a venue layout. Intermediaries can also arrange the purchase and layout of goods.
2. Intermediary institutions refer to institutions that provide notarization, agency, information technology services and other intermediary services for clients through professional knowledge and technical services according to law. There are many intermediaries, mainly trade intermediaries (providing trade information, customers and other related information), service intermediaries (providing information on the tertiary industry, such as domestic companies), network intermediaries (providing services through the network), logistics intermediaries, real estate intermediaries (including rental and sale), used car intermediaries (all kinds of used car service information), marriage intermediaries (arranging blind date and marriage) and so on.
Is it illegal to be a loan intermediary?
It is generally legal to be a loan intermediary. However, the intermediary institution should be a financial information intermediary company established in accordance with the law and specializing in lending information intermediary business activities. Lending information intermediaries shall follow the principles of legality, honesty, voluntariness and fairness, provide information services for both borrowers and lenders, safeguard the legitimate rights and interests of both borrowers and lenders, and shall not provide credit enhancement services, directly or indirectly raise funds or illegally raise funds, and shall not harm the national and social public interests. People's Republic of China (PRC) Company Law Article 5 A company engaged in business activities must abide by laws and administrative regulations, social morality and business ethics, be honest and trustworthy, accept the supervision of the government and the public, and assume social responsibilities. The legitimate rights and interests of the company are protected by law and shall not be infringed.
Is it illegal to do loan intermediary business?
Is it illegal to do loan intermediary business?
1. In general, it is legal to do loan intermediary business. There are provisions in the law to support intermediary matching services (that is, loan intermediaries).
2. The loan intermediary should pay attention to the customer's monthly interest. Because the highest law of the country stipulates that only the annualized interest rate is lower than 24%, that is, the monthly interest rate is below 2 points.
3. Even if it is exceeded, the state will not protect it.
Operation process of mortgage loan
(a) to confirm the scope of collateral
(2) materials submitted by the mortgagor
(three) the relevant personnel to the relevant departments to apply for audit.
(four) after the audit is correct, before lending.
Is it illegal for an unlicensed loan intermediary?
This is definitely illegal.
Can investment management companies do loan intermediary business?
Investment management companies can do loan intermediary business.
Investment management company business:
Investment management company is a new type of stock holding company, referred to as PIMC. Its main purpose is to provide other companies with some unfavorable factors such as strategic planning and capital introduction, so as to realize the revival of the company and embody the principle of win-win cooperation and competition.
Business scope: project investment, venture capital, project financing, investment management, strategic planning, asset restructuring, financing listing and private financing.
Is it illegal for an intermediary who introduces a job to collect a deposit?
Not illegal. Intermediaries are also for-profit organizations, not institutions. It is reasonable to charge agency fees, including deposit. This deposit and agency fee have been collected, and individuals will take good care of it. If labor is involved in the future, the deposit generally belongs to the nature of labor dispatch. Don't worry, if you quit, you will be returned.
Penalties for illegal acts of issuing credit loans
Article 186 Any employee of a bank or other financial institution who, in violation of the provisions of laws and administrative regulations, issues credit loans or guaranteed loans to related parties on terms superior to those of similar loans of other borrowers, thus causing heavy losses, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; Whoever causes heavy losses shall be sentenced to fixed-term imprisonment of not less than five years and fined not less than 20,000 yuan but not more than 200,000 yuan.
Staff of banks or other financial institutions who, in violation of laws and administrative regulations, extend loans to people other than related parties, thus causing heavy losses, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; Whoever causes particularly heavy losses shall be sentenced to fixed-term imprisonment of not less than five years and fined not less than 20,000 yuan but not more than 200,000 yuan.
If a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding two paragraphs.
The scope of related parties is determined in accordance with the Law of People's Republic of China (PRC) Commercial Bank and relevant financial laws and regulations.
Is it illegal for insurance companies to send workers at random?
Combating 1 10 can be punished as disturbing public order.
Legal basis:
Article 23 of the Law on Public Security Administration Punishment commits one of the following acts, and shall be given a warning or fined in 200 yuan; If the circumstances are serious, he shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan:
(1) Disrupting the order of organs, organizations, enterprises and institutions, resulting in work, production, business, medical treatment, teaching and scientific research not being carried out normally, but causing no serious losses;
(2) disturbing the order of stations, ports, docks, airports, shopping malls, parks, exhibition halls or other public places;
(3) disturbing the order on buses, trams, trains, ships, aircraft or other public transport;
(four) illegal interception or forced boarding, boarding motor vehicles, ships, aircraft and other means of transportation, affecting the normal running of vehicles;
Source Zhengzhou lawyer website link
(5) disturbing the election order conducted according to law.
If people gather to commit the acts mentioned in the preceding paragraph, the ringleaders shall be detained for more than 10 and less than 15, and may also be fined less than 1000 yuan.
Is breach of contract illegal?
Hello, breach of contract belongs to the concept of civil law and belongs to civil law. Some breaches of contract are illegal.
Is it illegal to take the test instead?
Taking the test may be suspected of a criminal offence, so please don't take the test casually to avoid criminal punishment.
Is it illegal?
Not in name, but now there is more and more information. If the police want to check, they can find out the problem.
This concludes the introduction of whether the loan intermediary is guilty and how to deal with it. I wonder if you found the information you need from it?