However, from 20 19 10 to 2 1, illegal lending is not only illegal, but also constitutes the crime of illegal business operation in criminal offences. The following are some relevant provisions of the Ordinance:
Opinions of the Supreme People's Procuratorate the Supreme People's Court, Ministry of Public Security and Ministry of Justice on Several Issues Concerning Handling Criminal Cases of Illegal Lending.
In order to punish the criminal activities of illegal lending in accordance with the law, earnestly safeguard the order of the national financial market and social harmony and stability, effectively prevent illegal lending from inducing illegal and criminal activities involving black and evil, and protect the legitimate rights and interests of citizens, legal persons and other organizations, according to the provisions of the Criminal Law, the Criminal Procedure Law and relevant judicial interpretations and normative documents, we hereby put forward the following opinions on several issues concerning handling criminal cases of illegal lending:
1. Whoever, in violation of state regulations, regularly gives loans to unspecified social objects for the purpose of making profits without the approval of the regulatory authorities or beyond the scope of business, thus disrupting the order of the financial market, if the circumstances are serious, shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Item (4) of Article 225 of the Criminal Law.
The term "regularly granting loans to unspecified social objects" as mentioned in the preceding paragraph refers to granting funds to unspecified people (including units and individuals) in the form of loans or other names for more than 10 times within two years.
If the repayment period is extended after the loan expires, the number of loan issuance shall be calculated as 1 time.
Two, the implementation of illegal lending in accordance with the provisions of Article 1 of this opinion, the actual annual interest rate of more than 36%, under any of the following circumstances, belongs to the "serious circumstances" as stipulated in Article 225 of the Criminal Law, but the actual annual interest rate of a single illegal lending behavior does not exceed 36%, not included in the conviction and sentencing:
(a) the cumulative amount of illegal lending by individuals is more than 2 million yuan, and the cumulative amount of illegal lending by units is more than 6,543,800 yuan;
(two) the cumulative amount of illegal income of individuals is more than 800 thousand yuan, and the cumulative amount of illegal income of units is more than 4 million yuan;
(3) There are more than 50 illegal lending targets for individuals and more than 150 illegal lending targets for units;
(4) Causing serious consequences such as suicide, death or mental disorder of the borrower or his close relatives.
Crossing the bridge at maturity is the same as a loan. First of all, it depends on whether the interest exceeds 3 points. If it exceeds 3 points, it is illegal. If it does not exceed 3 points, it will be normal. Then there is the obligation and right to repay the loan and interest.
At the same time, it depends on whether it is an individual or an institution. If it is an individual, it cannot exceed 200 million. If it exceeds, it is the crime of illegal business operation. If it is a public institution, it cannot exceed10 million. If it exceeds, it is also a crime of illegal business operation.
Lending by a licensed institution is a legal business activity, provided that the interest cannot exceed 3 points. According to the current lending market environment, lenders will avoid legal risks.
In the end, even if it is a crime of illegal business operation, the borrower must return the principal and legitimate interest. After all, it is natural to borrow money to pay back the money, but the lender will go to jail.
This is a good professional question. In fact, the bridge fund has always been in a gray area. Whether it is illegal lending is debatable.
Cross-bridge loan is an ultra-short-term transitional loan, which has a wide range of application scenarios, such as corporate liquidity loans, foreclosure loans in personal housing sales, credit card repayment and so on. Among them, it is the best mode to cross the bridge with enterprise liquidity loans.
20 19 10 2 1 the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice jointly issued opinions on several issues concerning the application of laws in handling criminal cases of illegal lending. The Opinions clarify the quantitative criteria for enterprises and individuals who do not have relevant financial loan qualifications to be suspected of illegal business: the annual interest exceeds 36%, the accumulated loan amount exceeds 10 times in two years, and the accumulated loan amount exceeds 2 million.
Compared with the "Opinions", the business characteristics of cross-bridge fund-raising are very embarrassing. In fact, most of them are illegal loans.
1, the qualification of the advance team. Due to the short time to cross the bridge, there is no clear time limit for the use of funds in advance, and banks and formal loan companies are far less fast and flexible than private institutions and individuals. At present, lenders are mainly private institutions or individuals, and basically do not have relevant financial loan qualifications, which belongs to the category of private lending.
2. Interest. In fact, the capital cost agreed by both parties in the bridge advance payment business is short-term loan interest. The crossing time is very short, and the cost is generally calculated in days, which is basically between one thousandth and three thousandths per day, and some are less than one thousandth or more than three thousandths, but it is relatively rare. Calculated by one thousandth of a day, the annual interest rate is 36%, which has reached the maximum limit stipulated in the Opinions. In other words, as long as the daily cost exceeds one thousandth, it is illegal to cross the bridge.
3. The frequency of loans. Capital is profit-seeking. Because it is ultra-short-term, it often does not exceed 7 days or even 3 days. After the end of a fund-raising business, the funds should not be idle, and we should look for the next business. After one year, the general lending times far exceeded 10.
4. The scale of lending. The amount of cross-bridge advances ranges from credit card repayment to tens of millions of corporate loans. In fact, most of them far exceed the cumulative limit of 2 million.
Comparing the above items, we can find that only one way is legal, that is, to obtain a small loan or pawn license, the cost of each business should not exceed one thousandth of a day, and the amount of each business should not exceed 65,438+00% of the registered capital. However, new problems have come. Because bridge loan is an ultra-short-term pure credit loan with short term and high risk. If these restrictions are fully observed, capital will lose its motivation and its enthusiasm will be greatly reduced.
However, it is a realistic demand to advance funds across the bridge. On the positive side, it helps small and medium-sized enterprises and individuals to maintain the stability of cash flow, so that loans can be recycled without breaking the capital chain. Because it is an ultra-short-term loan, the cost is generally calculated on a daily basis. Fortunately, the term is short and the total cost is not high. As long as the bridge is successfully crossed, the enterprise can bear it and is willing to bear it. In the once-popular TV series "in the name of people", Dafeng Factory Bank borrowed money to cross the bridge, and Shanshui Group provided 50 million bridge funds, with a daily interest rate of 4 ‰. It took six days to pay back 1.2 million, which is converted into monthly interest 12% and annual interest 144%. In this way, boss Cai of Dafeng Factory is grateful.
On the one hand, there is indeed a large number of practical needs, on the other hand, it is restricted by relevant laws and regulations. Therefore, the cross-bridge fund-raising business has actually been in a gray area.
How to solve this knot? We must also find ways from the level of financial support policies.
1. It is recommended that financial lending institutions such as banks directly renew their loans when the loans of enterprises or individuals expire, that is, they directly go through the formalities of loan renewal after the loans expire, and do not repay the loans. If the direct loan renewal can really be implemented in every loan, it will be the gospel of the vast number of small and medium-sized enterprises, and most of the bridge fund business will lose market demand, which is the solution to the problem from the root.
2. Advocate the establishment of a bridge-crossing professional fund. It is composed of industry authorities and park management agencies. Establish a bridge fund to provide interest-free or low-interest loans to qualified private small and medium-sized enterprises as a bridge fund.
Crossing the bridge is also a kind of loan. The interest rate is within the national red line and it is legal.
In fact, the interest is calculated on a daily basis, generally ranging from 10 1 to 1030. Look at the market, if calculated monthly, the interest will definitely exceed 3 points. However, the crossing time is generally short, a few days, 10 days or more. I think this is a good tool. The borrower can't repay the loan and needs to find funds to renew the loan across the bridge, which is actually a good thing to promote economic development. To reduce the loans overdue rate, specific issues will be considered as appropriate, depending on how the judge decides.
Otherwise, without this bridge loan, the loans overdue rate would have risen, which is not necessarily a good thing. It is best to apply for relevant lending qualifications and then engage in this business to regulate the risks of private lending in Kazakhstan.
It is legal not to exceed the interest rate allowed by law; As a long-term operation, it needs the corresponding financial license.
Those professional lenders, false litigation, usury and routine loans should be severely cracked down. Once found, all illegal gains and property involved should be confiscated and sentenced according to the amount involved. These talents are the main negative factors affecting social stability.
Zhengzhou market 1 month started in 3 minutes, and now the rectification requires legal compliance 1 month in 8 minutes.
Then the question is coming, and the qualification and credit information of customers are very important. Some of them are in urgent need of money to cross the bridge and have no choice but to borrow usury.
What if this industry has nothing to support?
At present, the general licensed institutions in the market are small loans or pawns. These two license plates have low access and simple operation. Personal loans are at risk of being fined.
As long as the company is qualified for financial loans, its behavior is legal. However, in general, the annual interest rate in bridge loan is higher than 36%. So, it depends on your own needs.