The Subject and Object of P2P Lending

Legal analysis: There are as many as 19 participants in peer-to-peer lending, which can be roughly divided into three categories: the first category is eight regulatory authorities and industry self-regulatory organizations: China Banking Regulatory Commission and its dispatched institutions, industrial and information authorities, public security organs, National Internet Information Office, provincial people's governments, local financial regulatory authorities, industrial and commercial administrative authorities, and China Internet Finance Association (P2P lending professional committee);

The second category is the three subjects of P2P lending in a narrow sense: lenders, borrowers and P2P lending information intermediaries;

The third category is eight intermediaries that provide peripheral services for peer-to-peer lending: fund depository banks, accounting firms, network information security assessment and certification institutions, law firms, guarantors, financial credit information basic database operators, credit reporting institutions and third-party digital certification institutions. There are three subjects of peer-to-peer lending in a narrow sense: lenders, borrowers and peer-to-peer lending information intermediaries.

Legal basis: Interim Measures for the Management of Business Activities of Information Intermediaries in Personal-to-Personal Lending.

Liability/obligation of the subject: (1) Lender

1, following the principles of voluntary lending, honesty and trustworthiness, self-responsibility and self-risk.

2. Participate in the investment of online lending institutions to register their real names.

3. Have investment risk awareness and risk identification ability, have experience in investing in non-guaranteed wealth management products, and be familiar with the Internet.

4. Perform the following obligations: (1) Provide true, accurate and complete identity information to online lending institutions; (2) Self-owned funds whose lending funds are legal sources; (3) Understand the credit risk of financing projects and confirm that they have corresponding risk awareness and tolerance; (4) bear the loss of principal and interest caused by borrowing; (5) Other obligations stipulated in the loan contract and related agreements.

5. Sign fund depository agreements with borrowers, online lending institutions, fund depository institutions and guarantors. It is necessary to clarify their respective rights and obligations and liabilities for breach of contract.

6. Violation of laws, regulations and relevant regulatory provisions of peer-to-peer lending shall be punished in accordance with relevant regulations; If a crime is constituted, criminal responsibility shall be investigated according to law.

(2) The borrower

1, following the principles of voluntary lending, honesty and trustworthiness, self-responsibility and self-risk.

2. Borrowing through online lending institutions requires real-name registration.

3. Perform the following obligations: (1) Provide true, accurate and complete user information and financing information; (2) Provide information on outstanding loans of all online lending institutions; (3) Ensure that the financing project is true and legal, and use the loan funds according to the agreed purposes, and shall not be used for other purposes such as lending; (4) truthfully report the important information that affects or may affect the lender's rights and interests to the lender according to the agreement; (5) Ensure the repayment ability matching the loan amount, and make repayment according to the contract; (6) Other obligations stipulated in the loan contract and related agreements.

4. Do not engage in the following acts: (1) Deceive loans by deliberately changing identity, fabricating financing projects, exaggerating the income prospects of financing projects, etc.; (2) Repeated financing of the same financing project through multiple peer-to-peer lending information intermediaries, or by changing the project name or making immaterial changes to the project content;

(3) Publish the same financing project information in public places other than online lending institutions; (four) found that the services provided by online lending institutions are still trading in violation of relevant regulations; (5) Other prohibited activities.

5. Sign fund depository agreements with lenders, peer-to-peer lending information intermediaries, fund depository institutions and guarantors to clarify their respective rights and obligations and liabilities for breach of contract.

6. Punish peer-to-peer lending in violation of laws, regulations and relevant regulatory provisions in accordance with relevant regulations; If a crime is constituted, criminal responsibility shall be investigated according to law.