Peer-to-peer lending as mentioned in these Measures refers to direct lending between individuals through the Internet platform. Individuals include natural persons, legal persons and other organizations. Peer-to-peer lending information intermediary refers to a financial information intermediary company established according to law and specializing in information intermediary business activities in peer-to-peer lending. Such institutions take the Internet as the main channel to provide information collection, information release, credit evaluation, information exchange, loan matching and other services for borrowers and lenders, so as to realize direct lending.
The term "local financial supervision department" as mentioned in these Measures refers to the department that the provincial people's government undertakes the responsibility of local financial supervision. Article 3 Peer-to-peer lending information intermediaries shall follow the principles of legality, honesty, voluntariness and fairness to provide information services to borrowers and lenders, safeguard the legitimate rights and interests of borrowers and lenders, and shall not provide credit enhancement services, directly or indirectly raise funds, illegally raise funds, or harm national interests and social interests.
Borrowers and lenders shall bear the loan risks in accordance with the principles of voluntary lending, honesty and trustworthiness, self-responsibility and self-risk. Peer-to-peer lending information intermediaries bear the responsibility of objective, true, comprehensive and timely information disclosure and do not bear the risk of loan default. Article 4 The management responsibilities of all parties shall be implemented in accordance with the general requirements of "encouraging innovation, preventing risks, benefiting and avoiding disadvantages, and developing healthily" in the Guiding Opinions on Promoting the Healthy Development of Internet Finance and the regulatory principles of "legal supervision, moderate supervision, classified supervision, collaborative supervision and innovative supervision". The State Council Banking Regulatory Authority and its dispatched offices are responsible for formulating the supervision and management system of information intermediary institutions' business activities in peer-to-peer lending, and implementing behavioral supervision. The provincial people's government is responsible for the institutional supervision of information intermediaries in peer-to-peer lending. The Ministry of Industry and Information Technology is responsible for supervising the telecommunications business involved in the business activities of information intermediaries in personal-to-personal lending. The Ministry of Public Security takes the lead in supervising the Internet services of information intermediaries in peer-to-peer lending, investigating and punishing illegal acts violating network security supervision according to law, and severely cracking down on financial crimes and related crimes involving peer-to-peer lending. The National Internet Information Office is responsible for the supervision of financial information services and Internet information content. Chapter II Filing Management Article 5 Peer-to-peer lending information intermediaries and their branches that intend to provide information intermediary services in peer-to-peer lending shall, within 10 working days after obtaining the business license, bring relevant materials to the financial supervision department where the industrial and commercial registration is located for filing.
Local financial supervision departments are responsible for filing and registering information intermediaries in P2P lending. Local financial supervision departments shall accept the filing and registration materials submitted by peer-to-peer lending information intermediaries when they are complete, and complete the filing and registration procedures within the time limit prescribed by the provinces (autonomous regions and municipalities). Filing and registration does not constitute recognition and evaluation of the operating ability, compliance and credit status of peer-to-peer lending information intermediaries.
Local financial supervision departments have the right to evaluate and classify peer-to-peer lending information intermediaries after filing and registration according to these Measures and relevant regulatory rules, and publicize the filing and registration information and classification results on the official website in time.
P2P lending information intermediary institutions shall apply for the corresponding telecom business license in accordance with the relevant provisions of the transportation department after completing the registration with the local financial supervision department; If the telecommunications business license is not handled according to the regulations, the information intermediary business in peer-to-peer lending shall not be carried out.
Specific rules for filing, registration, evaluation and classification of peer-to-peer lending information intermediaries shall be formulated separately. Article 6 An institution engaged in peer-to-peer lending information intermediary business shall substantially define peer-to-peer lending information intermediary in its business scope, except as otherwise provided by laws and administrative regulations. Article 7 Where the registered items of an information intermediary institution change in peer-to-peer lending, it shall report to the local financial supervision department in industrial and commercial registration within 5 working days to change the registered information. Article 8 If a registered peer-to-peer lending information intermediary institution intends to terminate the peer-to-peer lending information intermediary service, it shall notify the local financial supervision department in industrial and commercial registration in writing at least 10 working days before terminating the business, and handle the record cancellation.
Where a peer-to-peer lending information intermediary institution registered for the record is dissolved or declared bankrupt according to law, the local financial supervision department of the industrial and commercial registration place shall cancel its record, except for liquidation according to law. Chapter III Business Rules and Risk Management Article 9 Information intermediaries in person-to-person loans shall perform the following obligations:
(1) According to laws, regulations and contractual agreements, provide borrowers and borrowers with the collection, sorting, screening and online publishing of direct lending information, as well as credit evaluation, loan matching, financing consultation, online dispute resolution and other related services;
(two) the qualifications of lenders and borrowers, the authenticity of information, the authenticity and legality of financing projects;
(3) Take measures to prevent fraudulent acts, discover fraudulent acts or other situations that harm the interests of lenders, and promptly announce and terminate relevant peer-to-peer lending activities;
(four) continue to carry out peer-to-peer lending knowledge popularization and risk education activities, strengthen information disclosure, guide lenders to participate in peer-to-peer lending in a small amount, and ensure that lenders are fully aware of lending risks;
(five) in accordance with laws and regulations and the relevant regulatory requirements of interbank lending, timely submit and register the creditor's rights and debts related information in interbank lending to the relevant data statistics department;
(6) Properly keep the information and transaction information of lenders and borrowers, and shall not delete, tamper with, illegally trade or disclose the basic information and transaction information of lenders and borrowers;
(7) Performing anti-money laundering and anti-terrorist financing obligations such as customer identification, suspicious transaction report, customer identity information and transaction record keeping according to law;
(eight) to cooperate with relevant departments to prevent and investigate financial crimes;
(nine) in accordance with the relevant requirements to do a good job in Internet information content management, network and information security related work;
(10) Other obligations stipulated by the banking supervision institution of the State Council and the provincial people's government of industrial and commercial registration.