In violation of state regulations, without the approval of the regulatory authorities, or beyond the scope of business, for the purpose of making profits, loans are regularly issued to unspecified social objects, disrupting the order of the financial market, and if the circumstances are serious, they are convicted and punished for illegal business operations.
Among them, "regularly granting loans to unspecified social objects" 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.
Conditions for conviction of illegal lending:
1, lending without the approval of the regulatory authorities or beyond the approved scope;
2. For the purpose of making profits;
3. Lending funds to unspecified units or individuals in the form of loans or other names for more than 0 times 10 within two years;
4. The annual interest rate exceeds 36%;
5. The amount of personal illegal lending is more than 2 million yuan, or the illegal income is more than 800,000 yuan, or the illegal lending target is more than 50 people, or the borrower or his close relatives commit suicide, die or suffer from mental disorder.
The unit illegally lends more than 6,543,800,000 yuan, or the illegal income is more than 4,000,000 yuan, or the number of illegal lending targets is more than 654.38+050, or causes serious consequences such as suicide, death or mental disorder of the borrower or his close relatives.
Legal basis:
Article 225 of the Criminal Law of People's Republic of China (PRC), in violation of state regulations, commits one of the following illegal business operations, disrupting market order, and if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:
(a) without permission, the franchise, monopoly of goods or other goods restricted by laws and administrative regulations;
(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;
(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;
(four) other illegal business activities that seriously disrupt the market order.
Article 186 of the Criminal Code of People's Republic of China (PRC).
Crime of illegally issuing loans: staff of banks or other financial institutions who issue loans in violation of state regulations and the amount is huge or cause heavy losses shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is especially huge or especially heavy losses are caused, he shall be sentenced to fixed-term imprisonment of not less than five years and fined not less than 20,000 yuan but not more than 200,000 yuan.
Employees of banks or other financial institutions who issue loans to related parties in violation of state regulations shall be given heavier punishment in accordance with the provisions of the preceding paragraph.
If a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding two paragraphs.