If a bank loan is transferred to another person, it is consistent with the situation of "extracting credit funds from a financial institution and then transferring the loan at a high interest rate", and the court will determine that the private loan contract is invalid. Extortion of credit funds from a financial institution and then on-lending to the borrower at high interest rates, and the borrower knows or should know in advance, for the purpose of earning an interest difference, and the interest rate agreed upon for the re-lending is significantly higher than the interest rate agreed upon for the loan, is considered "extortion" Credit funds from financial institutions are re-lent at high interest rates.”

1. Is the credit card re-loan contract valid?

The credit card re-loan contract with high interest rates is invalid, Article 14 of the Supreme People's Court's "Regulations on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases" A provision stipulates that under any of the following circumstances, the people's court shall determine that a private lending contract is invalid:

(1) The credit funds of a financial institution are obtained by defrauding the borrower and then re-lent to the borrower at a high interest rate, and the borrower knew in advance or should have Known;

(2) The funds obtained from borrowing from other enterprises or raising funds from employees of the unit are then re-lent to the borrower for profit, and the borrower knows or should know in advance;

< p>(3) The lender knew or should have known in advance that the borrower's loan was used for illegal and criminal activities but still provided the loan;

(4) It violated social order and good customs;

(5) Other violations of laws and administrative regulations are invalid.

2. The four elements constituting the crime of loan-to-send at high interest rates

The four elements that constitute the crime of loan-to-use at high interest rates:

(1) Subjective elements: in subjective terms, they are as follows Intentional;

(2) Subject elements: The subject is a special subject, that is, the borrower;

(3) Object elements: The object of the infringement is the state’s issuance of credit funds and interest rates Management order;

(4) Objective elements: The objective aspect is the act of defrauding financial institutions’ credit funds and lending them to others at high interest rates for the purpose of making profits.

3. What are the circumstances under which an enterprise loan contract is invalid?

(1) The credit funds of a financial institution are obtained and re-lent to the borrower at a high interest rate, and the borrower knows or should know in advance;

(2) The funds obtained from borrowing from other enterprises or raising funds from employees of the unit are then re-lent to the borrower for profit, and the borrower knows or should know in advance;

( 3) The lender knew in advance or should have known that the borrower's loan was used for illegal and criminal activities but still provided the loan;

(4) Violated social order and good customs;

(5) Other violations of the law , mandatory provisions on the effectiveness of administrative regulations.

Legal basis:

"People's Republic of China and Civil Code"

Article 155 Invalid or revoked civil legal acts It is not legally binding from the beginning.

"Criminal Law of the People's Republic of China"

Article 175: The crime of on-loaning at high interest rates is for the purpose of making profits through re-lending, defrauding credit funds from financial institutions and transferring them at high interest rates. Whoever lends money to others and the amount of illegal income is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than one time but not more than five times of the illegal income; A fine of not less than three times but not more than five times shall be imposed.

If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.