On February 23, an investor named "Mutual Gold Detective" posted in the online loan home community that many project borrowing companies of Meicai had records of being executed due to breach of trust or being involved in contract disputes. "The foundation of borrowing companies is not very clean."
According to public information, Meimei Finance is a wealth management platform under Gome Holding Group. Founded in 2065438+September 2005, it belongs to Beijing Pengrun Jin Fu Online Information Technology Co., Ltd. with a registered capital of 50 million yuan. At present, it has been online to deposit funds in Xiamen Bank.
Many borrowers have dishonest "criminal records"
"Mutual Gold Detective" broke the news that China Traditional Chinese Medicine Co., Ltd., the borrower of the project "America wins 30-day regular financial management 1702 102", was listed by the Supreme People's Court in the list of people who have broken their promises at the beginning of this year.
The rule of law weekend reporter found that he could not find the relevant information of the project when searching for the "product list" of Meimei Finance on February 27th. However, according to previous media reports, Meimei Wealth Management has issued at least 7 Chinese medicine loan projects with a loan amount of more than 6.5 million yuan.
According to the information of industrial and commercial registration and judgment documents, TCM was established in 1999 with a registered capital of1590,000 yuan. Because the draft refused to be accepted at maturity, Chinese medicine was brought to court by CITIC Factoring Company. 20 15126 October, Chinese medicine, the final judgment country in the Supreme People's Court, paid six commercial acceptance bills to CITIC Factoring Company, with the amount of 77.96 million yuan and interest, but Chinese medicine still refused to fulfill its obligations determined in the judgment.
Coincidentally, from the query of China Judgment Document Network, it can be found that, in addition to traditional Chinese medicine, the borrowing enterprises that provide loans in-US Finance, such as Tianjin Bohai Science and Technology Development Co., Ltd., Zouping Qi Xing Industrial Aluminum Co., Ltd. and Gansu Shi Sheng Long Hao Real Estate Development Co., Ltd., all have litigation records of contract disputes, and all have "criminal records" of not executing effective judgments.
Among them, in an execution ruling with the case number of (20 16) Lu 1626 No.794 in a dispute with Dafeng Oriental Plastic Company, Qi Xing Industry was also recognized by the court as "the person subjected to execution has no execution ability for the time being, and this case cannot be executed for the time being".
Why are these enterprises with "criminal record" still able to issue loan projects through the audit of Meimei Financial Management?
In an interview with reporters on March 7, the staff of Midea's financial management and public relations department said that the borrowing enterprises involved in the investor's news had normal repayment, and these enterprises had never experienced overdue repayment during the contract period. Meimei Finance also showed the reporter the explanations and latest progress documents made by the above-mentioned enterprises on Meimei Finance. The reporter noted in the document that Chinese medicine indicated that it had applied to the court to suspend the civil execution procedure of bill disputes with CITIC Factoring; Qi Xing Industry indicated that it had paid the payment to Dafeng Dongfang, and both parties had finished the execution.
This caliber is consistent with the previous reply from the staff of Meimei Financial Management in the online loan home community. He also said that the repayment of the borrowing enterprises involved is normal, and the enterprises have never experienced overdue repayment during the cooperation period.
"At present, there is no specific legal norm to stipulate the conditions of P2P borrowers, and the auditing standards of P2P platforms for borrowers are different, which involves the risk control mode of each platform." Chen Tong (pseudonym), a senior observer in P2P industry, told the rule of law weekend reporter that for natural person borrowers, the templates of background investigation are basically similar, and generally they need identity information, marriage information, asset proof and so on. For corporate borrowers, the survey is quite different, and some platforms even require relevant guarantee, counter-guarantee description, accounts receivable catalogue and other information.
The staff of the above-mentioned Meimei Finance Public Relations Department told the reporter that Meimei Finance will review the borrowing enterprises from both macro and micro aspects, in which the micro-audit involves the actual controller of the enterprise and the situation of the enterprise, including the business, assets and credit status of the enterprise.
The borrower's information disclosure needs to be improved.
Then, if the borrower has a record of dishonesty or litigation-related information, should it be disclosed?
According to the relevant provisions of the Interim Measures for the Management of Business Activities of Personal-to-Personal Lending Information Intermediaries (hereinafter referred to as the Interim Measures), the borrower shall truthfully report the major information that affects or may affect the lender's rights and interests in accordance with the agreement; Peer-to-peer lending information intermediaries shall fully disclose the basic information of borrowers, basic information of financing projects, risk assessment and possible risk consequences, and the use of funds for matched and unexpired financing projects to lenders on their official websites.
"P2P platform has the obligation to review the qualifications of borrowers and the authenticity of information, and also has the obligation to disclose the basic information of borrowers it knows, especially the information that may cause risk consequences, which of course includes the bad records of borrowers." Liao Tianhu, an associate professor at Southwest University of Science and Technology Law School, told the rule of law weekend reporter.
Cai Haining, deputy director of the Information Network and High-tech Professional Committee of the National Lawyers Association and director of Guangdong Jinglun Law Firm, also believes that credit records are basic information, an important basis for risk assessment and possible risk results, and should be disclosed.
During the rule of law weekend, the reporter browsed the "product list" of Meimei Wealth Management and found that only the borrower's name, unified social credit code or ID number and address can be seen in the loan agreement, and other information is not displayed.
As for whether untrustworthy enterprises can issue loan projects on the P2P platform, Chen Tong said: "Different platforms will have different choices, and some feel that it doesn't matter, as long as the information required by risk control is complete; Some platforms will investigate the whole process of the borrower's dishonest behavior, and then judge whether the loan project can be issued, or make other requirements, such as reducing the loan amount. "
In addition, the rule of law weekend reporter noticed that although the US-US Financial Management Association issued a number of loan projects on the same day, the borrowers were basically the same person, but the information disclosed in the loan projects issued by the same person was different.
For example, on March 1 day alone, the borrower Chen Yujian released at least four loan projects, all of which were used to "replenish working capital". Among them, in "Meimeifang +0702006 90-day regular financial management", the credit enhancement institution is "real estate mortgage", while in "Meimeifang +0702063, 1702062, 1702057", the credit enhancement institution is all.
It is worth mentioning that the reporter saw in official website's "I want to manage money" that personal mortgage loans show that "only real estate mortgage loans have been opened", that is, personal loans must be mortgaged by real estate.
Regarding the situation that the credit enhancement institutions in the above-mentioned personal loan projects showed "none", Meimei Financial Customer Service said: "I don't know the borrower's situation, and there are indeed some projects published on the platform without credit enhancement institutions"; The staff of the above-mentioned Meimei Finance Public Relations Department said that Meimei Finance will release relevant guarantee information according to the loan project.
In this regard, in Chen Tong's view, the information disclosure of financial management between the United States and the United States is very imperfect. "I don't know if the mortgage is not publicized or not mortgaged."
The loan balance of the same borrower exceeds the upper limit.
In view of the situation that the same borrower issues multiple loan projects on the same day on the platform, Chen Tong thinks that "the bid may be opened for the amount", and all the information of the target, including the borrower, collateral, online time and lending time, are the same, but the amount and interest rate are different.
"At present, the bid opening amount is relatively common in the P2P industry. There is not much problem with the act of opening the amount, but it will hurt investors' right to know to some extent. Once overdue, it may also lead to credit concentration risks. " Liao Tianhu said.
According to the rough statistics of the rule of law weekend reporter, in the loan project released by the above-mentioned borrower Chen Yujian on March 1 day, the financing amount exceeded10.6 million yuan, while in the loan project of Meimei Financial Management for nearly1day, Chen Yujian's loan project was launched almost every day. Obviously, the loan balance of Jesuli Chen Mei Jian Wealth Management has far exceeded the upper limit of 200,000 yuan.
According to the Interim Measures, the amount of peer-to-peer lending should be mainly small; Peer-to-peer lending information intermediary institutions shall control the upper limit of the loan balance of the same borrower on the same peer-to-peer lending information intermediary platform according to their risk management capabilities, and the upper limit of the loan balance of the same natural person on the same peer-to-peer lending information intermediary platform shall not exceed 200,000 yuan; The upper limit of the loan balance of the same legal person or other organization on the same online lending platform shall not exceed 6,543,800 yuan.
"Meimei Finance is currently in a rectification period, and will be implemented in strict accordance with the Interim Measures after the rectification period." The staff of Meimei Financial Public Relations Department told the reporter.
"Although the Interim Measures stipulates that the rectification period is 12 months, and the new regulatory requirements have not been formally implemented, the platform should carry out compliance rectification of the stock business." Liao Tianhu pointed out.
In Cai Haining's view, trying to avoid the upper limit of loan balance stipulated by law by breaking through the winning bid amount not only makes the authenticity and legality of financing projects questioned, but also brings the risk of huge losses to the protection of borrowers' rights and interests. Gome's financial management shall be issued in accordance with these Interim Measures.
"Novice 15 days" is ambiguous.
In addition to the problem of borrowing projects, financial management in the United States has also been criticized for its vague rules of activities. Earlier, some investors commented on the US financial management in the online loan home community that "activities have repeatedly cheated and changed the rules to defraud investors".
In the "activity center" of Meimei Finance, the "February Registration Activity" shows that from February 17,/kloc-0: 00 to February 28, 2065438+23: 59, new registered users of Meimei Finance enjoy "novice 15 days, 6500 days.
"On February 24th, I registered and purchased a new-style exclusive wealth management product with a fixed term of 30 days and an annualized interest rate of12%; On February 26th, I saw that the platform has exclusive wealth management products for novices, with a fixed term of 15 days and an annualized interest rate of 12%. I originally thought that I wanted to buy more in the short term, but I found that I couldn't buy it. " Zhangyan (pseudonym), a college student who just came into contact with P2P, told the reporter that her understanding of "15 days for novice use, 12% annualized interest rate" is that "during the period from 13 to 15 days on February 28th, new registered users can grab/kloc-every day.
Another investor told the reporter that when she first saw this sentence, she understood that as long as users registered between February 13 and February 28, they can buy the novice exclusive bid with an annualized interest rate of 12% within 15 from the date of registration.
Meimei Wealth Management Customer Service explained this sentence as follows: "Newly registered users can purchase novice-specific wealth management products for a fixed period of 15 days, with an annualized interest rate of 12%, and novice-specific standards can only be purchased once."
For the ambiguity of "novice 15 days, 12% annualized interest rate", Meimei Finance responded with "Pengrun Jin Fu owns the final interpretation right of this activity" on the activity page.
However, in Liao Tianhu's view, the final interpretation right of US-US financial management is invalid.
"Financial services are also protected by the Consumer Protection Law. According to the "Measures for Punishment of Infringement on Consumers' Rights and Interests", operators provide terms, notices, statements and other contents to consumers. When using goods or services, consumers should be reminded of the content that has a significant interest in consumers in a significant way, and it is not allowed to stipulate that operators have the right to interpret unilaterally or finally. " Liao Tianhu added.
Cai Haining believes that the above-mentioned activity rules of Meimei Wealth Management are suspected of intentionally misleading lenders, which are misleading statements or fraudulent advertising behaviors, and relevant departments should punish them.