Article 424 of the Contract Law stipulates that an intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude a contract or provides media services for concluding a contract, and the client pays remuneration. Article 426 of the Contract Law stipulates that if the trustee-trader facilitates the establishment of a contract, the trustor shall pay remuneration as agreed.
Terms of the loan agreement:
Article 10 of the Supreme People's Court's Opinions on the Trial of Lending Cases by People's Courts: The loan relationship formed by one party by fraud, coercion or taking advantage of the danger of others 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.
Extended data:
Peer-to-peer lending includes personal peer-to-peer lending (P2P peer-to-peer lending) and online microfinance. Personal peer-to-peer lending refers to direct lending between individuals through the Internet platform. Direct lending on the personal peer-to-peer lending platform belongs to the category of private lending, which is regulated by the Contract Law, General Principles of Civil Law and other laws and regulations as well as relevant judicial interpretations in the Supreme People's Court.
Network micro-loan refers to the micro-loan provided to customers by Internet companies through their holding micro-loan companies. Network microfinance should abide by the existing regulations of microfinance companies, give full play to the advantages of peer-to-peer lending, and strive to reduce the financing costs of customers. P2P loan business is supervised by China Banking Regulatory Commission.
Online loan belongs to bond investment, with clear income, and the lender obtains interest income; However, people often confuse it with equity crowdfunding. Equity crowdfunding is an equity investment with flexible income. Investors get future income through investment companies, such as Beijing North Crowdfunding, 36Kr, etc., all of which belong to equity crowdfunding platforms.
Whether it is bond investment or equity investment, there are certain risks. Investors should fully understand the risks, have sufficient knowledge and mental preparation for taking risks at their own risk, and judge and bear the risks of the project on this premise.
References:
Baidu encyclopedia-online loan