In the second quarter of 2008, the People's Bank of China suggested in the report on the implementation of monetary policy that the Lenders' Regulations should be issued in a timely manner to legally position private lending and encourage and standardize its development.
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 Opinions of the Higher People's Court on People's Courts Handling Lending Cases: "The interest rate of private lending can be appropriately higher than that of banks, and local people's courts can specifically grasp it according to the actual situation in the region, but the higher interest rate shall not exceed four times the interest rate of similar loans of banks (including interest rate clauses). Beyond this limit, the excess interest will not be protected. " In addition, the judicial interpretation of the High Court pointed out that "the loan interest rate with high interest rate shall not exceed 4 times of the loan interest rate of similar banks", that is, the lower limit of the loan interest rate stipulated by the People's Bank of China shall prevail. Lenders lend money to borrowers through Tongchuang Wealth Platform, and the one-year loan interest rate is about 13.2%, which is less than twice the bank loan interest rate in the same period. Therefore, the lender's income is completely within the scope of legal protection.
Beijing Tongchuang Wanli Investment Management Co., Ltd. established a strategic cooperative relationship with Beijing Zhongyun Law Firm, and entrusted Beijing Zhongyun Law Firm as the perennial legal adviser of Tongchuang Wanli Wealth Management Company to solve the company's related creditor's rights, debts and guarantee problems.
Attachment: Beijing Zhongyun Law Firm
Beijing Zhongyun Law Firm is a large-scale comprehensive foreign-related partnership law firm established in Beijing according to the laws of China. There are over 30 partners, full-time and part-time lawyers. Among them, some lawyers have taught in famous universities all over the country, with profound legal literacy and great social influence; Some lawyers have worked in national administrative and judicial departments or large enterprises and institutions, and have practical experience and extensive social contacts; Some lawyers have been practicing for more than 20 years and have successfully represented a series of complex, major and difficult cases that have aroused widespread concern in society.
The legal service projects of Beijing Zhongyun Law Firm cover almost all areas of lawyer's business, including but not limited to legal counsel, legal consultation, lawyer witness, housing consumption loan, futures, securities, trust, real estate, construction engineering, state-owned enterprise restructuring, asset restructuring, venture capital, large-scale project bidding, intellectual property, tax insurance, government agency, litigation and arbitration, etc. * * * There are seven business departments: Finance and Securities Department, Real Estate and Construction Department, Corporate Affairs Department, Intellectual Property Department, International Trade and Investment Department, Tax and Insurance Department and Litigation Department. Can provide customers with a full range of legal services.
"The Book of Songs. Xiaoya. The Eastern Expedition says, "If you are tolerant, the exhibition will be great." It clarifies an eternal concept: diligence, honesty, fairness and appropriateness will surely achieve great things. Beijing Zhongyun Law Firm takes this as its purpose, and will provide high-quality and efficient legal services to its clients, which is bound to be brilliant.
financial instruments
Beijing Zhongyun Law Firm is strong in the field of financial legal affairs, and has practical experience in dealing with bank bad debts, certificates of deposit, letter of credit disputes, futures and securities transactions, and can provide good legal services for banks and non-bank financial institutions.
Real estate and construction engineering
The development of Beijing's real estate industry provides a broad stage for lawyers to participate. Many senior real estate lawyers of Beijing Zhongyun Law Firm can provide all-round legal services for real estate development companies, and also provide services for units or individuals to purchase commercial housing, transfer second-hand housing and lease housing. In the bidding activities of construction projects, lawyers of Beijing Zhongyun Law Firm can handle all legal affairs on behalf of the government, companies and enterprises.
Corporate affairs
Lawyers of Beijing Zhongyun Law Firm can serve as perennial legal advisers for various companies and enterprises. Acting as an agent for company litigation; Provide high-quality legal services for company establishment, domestic and foreign investment, enterprise development strategy formulation, shareholding system reform, operator and employee shareholding design, reorganization and merger, listing, bankruptcy liquidation and other matters.
Tax and insurance affairs
Beijing Zhongyun Law Firm can assist domestic and foreign companies, enterprises and individuals in tax arrangements; Provide legal services for property, medical care, accidents, sea and air transportation and other insurance claims, claims and dispute settlement.
Litigation affairs
Lawyer of Beijing Zhongyun Law Firm, with litigation experience, is good at representing civil, economic and administrative litigation, applying for retrial and execution. Acting as an agent in criminal cases such as bail pending trial, complaint, defense in court, execution outside prison and state compensation; Acting as an agent for maritime litigation or arbitration.