The term "bridge-crossing business" came into being on the premise that "the lender can't pay off the bank loan after it expires". When the economy is in recession, some people (or companies and institutions) who have a lot of spare money have discovered this situation and conceived this "bridge-crossing business" of "I will repay the loan for you and pay it back to me immediately after lending it out".
In other words, providing "bridge funds" business is done by rich people outside the bank.
Is it illegal to cross the bridge? Generally speaking, money is also a commodity, and it is not illegal to engage in this business.
But the premise is that you can't violate any existing relevant laws and regulations, such as interest rate restrictions (more than 36% are not protected by law), sources of funds (whether it is legal or not, whether it involves illegally absorbing public deposits) and so on.
Even if the bridge was accidentally broken (I thought that the bank loan would be loaned here soon after it was repaid, but the bank stopped lending after receiving the loan), did you participate in the "violent collection"?
Judging from the actual operation of the bridge crossing business, it is essentially equivalent to "lend me money for a few days, and I will pay you back when I get the money in a few days", an ordinary private lending. The only difference is that the borrowed money is used for special purposes.
How to judge whether the bridge crossing business is illegal? It is difficult to "judge in advance" at present. Because "not protected by law" and "illegal"
When we say that loans with an annual interest rate of more than 36% are not protected by law, we don't mean that it is illegal for you to participate in lending-this is essentially different.
The risk of "not being protected by law" is that "once a dispute goes to court, the court can not accept it" or "not admitting that it exceeds 36%", which does not mean that "all lenders who have received interest above 36% will definitely go back to prison".
Otherwise, it's really "breaking the law if you touch it", which means "you borrowed 6.5438+million yuan from your friend, and suddenly earned 6.5438+million yuan a year and paid him back 200,000 yuan." Your friend will definitely go to jail if he takes your 0.2 million/200 thousand Isn't this ridiculous?
Therefore, from a legal point of view, "the law can be done without prohibition." At present, there is no legal provision that "the interest rate of private lending exceeds 36%, and the lender will be imprisoned for more than three months". In other words, the bridge-crossing business is essentially a kind of private lending. As long as there is no actual illegal act on both sides, it is difficult to determine who is illegal.
The essence of bridge-crossing business is also the legal relationship of lending. Whether it is illegal to remind the bridge crossing business by law can be judged and referenced from the following aspects:
1 interest rate. It is illegal for the loan interest rate of bridge-crossing business to exceed 36%, and the Civil Code has clearly stipulated that high-interest lending is prohibited. If the interest rate exceeds 36%, the excess is invalid and must be returned to the borrower.
② Lender. First, banks, consumer finance companies, trust companies and small loan companies are all qualified lenders for bridge-crossing business. They are approved by the government and are qualified to lend, so the general problem is not big. Second, private lending, natural person lending, that is, people often say "professional lenders." If it is this type, its legal risk will be greater. According to the Opinions on Several Criminal Issues of Illegal Lending, professional lending refers to lending funds to an unspecified number of people (including units and individuals) 10 or more in two years.
Once recognized as a professional lender, first of all, in civil, its lending behavior will be considered invalid. Secondly, in the administrative aspect, it constitutes illegal business operation, or faces punishment and ban by administrative organs. Finally, in terms of crime, if you follow the behavior of high interest and a certain amount of loans (see "Several Criminal Opinions on Illegal Lending" for details), it may constitute the crime of illegal business operation.
Therefore, whether the bridge crossing business is illegal can be judged from the above points. If bridge-crossing business is involved, you can focus on the other party's interest rate and loan qualification. Don't be accidentally framed, cheated or anything like that.
The above comments are for reference only.
Welcome to pay attention to the "legal forest" and fight for rights with the spear of law!
The bank itself has no bridge-crossing business, and it will do interbank lending in the short term if there is demand.
Generally speaking, a bank crossing the bridge refers to a customer whose bank loan is about to expire. Money is tight and interest is not paid. Banks should not do bad things, and customers should not be overdue.
Before the loan expires, the customer applies for the next loan, and the borrowed funds are used to repay the principal of the previous loan, and then the next loan is used to repay the bridge funds borrowed from outside.
This business is actually a business of borrowing the new and returning the old, robbing Peter to pay Paul. The bridge-crossing employer should focus on whether the borrower has obtained the approval, litigation and seizure of the next loan, and also control the borrower's certification procedures to ensure that the next loan is successfully designated and returned to the bridge-crossing employer.
Under the background of the down cycle of securities firms, this kind of business happens from time to time, and the risk is relatively high.
In this case, many local governments have set up many loan funds to solve the problem of financing difficulties for enterprises.
In various official documents, the word "crossing the bridge" can hardly be seen, but the invention of this word can be described as very appropriate and vivid. Next, I will analyze the bank's "bridge-crossing" business from the perspective of an industry manager and discuss its compliance with you.
First give the answer, and then analyze it in detail. This kind of business is "illegal", and the law restricting this kind of behavior is the Commercial Bank Law.
Bridge, the image of the word is carried between two short-term businesses, which plays a role in connecting short-term and short-distance Just like a small bridge in the middle of the valley, without it, two businesses can't be connected together, forming a natural barrier.
For example, a customer's loan cannot be repaid at maturity, but due to various reasons, the bank can't handle the extension, renewal, repayment and other businesses for him, and instead uses the identity of a third party to handle the same short-term loan, or provides short-term financing in the form of off-balance sheet business. After paying off the previous debts with this short-term financing, customers will reapply for new business and return the "bridge-crossing" funds to achieve business continuity (more often to cover up or mitigate risks). The business between the two businesses is called "bridge-crossing" business.
Banks can handle "bridge-crossing" financing for customers. There must be motives behind it, some for legitimate purposes, and of course some for helpless reasons. But many times, the practice of "crossing the bridge" has factors of delaying risk or arbitrage.
Take the conventional "bridge-crossing" loan as an example. If the regular loan extension or repayment cannot be continued, there is basically no need for such customers to continue to provide support. However, in order to prevent substantial risks from surfacing, the "bridge-crossing" business came into being. The money is still so much, and the customer is still that customer. It is nothing more than extending the term of old business with new business.
Whether a loan is classified as "normal" or "non-performing" is not just as simple as whether the regulatory indicators and statements look good. A series of negative reactions such as capital withdrawal, bad debt loss withdrawal and large risk exposure will follow. There is a saying in the bank that "everything is a bad habit".
The "bridge-crossing" business of banks not only refers to credit business, but also exists in off-balance-sheet business such as wealth management, acceptance, letter of credit and guarantee. For example, wealth management products can be regarded as "bridging the bridge" because of the risks of the underlying assets, such as docking with rolling sales of new products, temporary transition with on-balance-sheet loans, and accepting advances with on-balance-sheet loans.
As long as the bank handles the "bridge crossing" business, its background must be untrue. For example, no bank will directly define the purpose of "bridge crossing" loans as "bridge crossing", and so will other businesses. For the sake of formal compliance, we will of course fabricate a seemingly reasonable trading background with our customers to avoid compliance risks.
The customer's loan or financing business can be used for business turnover, consumption or investment in fixed assets, but it cannot be directly said as "bridging the bridge" to cover up risks. In this case, isn't it lice on the monk's head? For example, the Law on Commercial Banks stipulates that loans without specific purposes shall not be issued. Since the purpose is to be specified, even if it is hard to make up, it must be made up in a decent way.
Since it is a bridge, its duration will be short, which is its greatest feature. For example, a large loan will be repaid in a few days.
In addition, there must be a business with a roughly matching amount before and after "crossing the bridge". After the "bridge crossing" business happened, the old business settled and the new business landed.
The most important point is that the financing of new business is definitely inconsistent with the purpose agreed in the contract. The financing of new business will be used to repay the advance payment of "crossing the bridge" after several twists and turns.
To sum up the above situation, when banks handle the "bridge crossing" business, either the "bridge crossing" business itself is "illegal" or the new business after the bridge crossing is "illegal". No matter how perfect the cover-up, there will always be time to reveal the stuffing.
Practitioners of financial supervision should do things with conscience and write with heart. If it helps, please pay attention. Let's grow together!
Bridge loan is a relatively short-term loan, which connects two relatively long-term loans, just like a bridge, so it is called bridge loan. Bridge loan is mainly used for temporary capital turnover and plays a transitional role.
Bridge loan is in a gray area, but it is very common in banks, and it is acquiesced by the top management of banks. Previously, some media reported the risk events of bank bridge crossing business, involving hundreds of millions of yuan. In recent years, the bridge-crossing business has gradually attracted public attention.
The biggest risk of bridge-crossing products is that loans will not be renewed (collected) after crossing the bridge. After the expiration of the contract, the borrower fails to repay the loan on time, is overdue, inertia overdue or deliberately drags interest, and the large amount of debt on the credit report increases obviously, and the business of the company's operators plummets, so it is difficult for such customer groups to renew the loan.
Generally, at this time, the bank will try its best to make the borrower repay the loan or trick the borrower into finding a third-party company to cross the bridge in the market before lending. For customers with defective credit information or high debts, they can get loans directly after entering, and the answer given by the account manager is either: the branch will not approve or the borrower's credit rating will be downgraded.
Choose a bank financing plan, try to choose a long term, and it is best to cross the bridge after 3-5 years. The capital utilization rate is high, and it is safe and stable.
It is one of the behaviors of private lending for individuals to cross the bridge with funds. Whether it is illegal for individuals to use funds to cross the bridge mainly depends on whether the interest payment complies with the law.
Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases
Article 1 The term "private lending" as mentioned in these Provisions refers to the financing behavior among natural persons, legal persons and other organizations and among them.
These provisions shall not apply to financial institutions and their branches engaged in loan business established with the approval of the financial supervision department, as well as disputes arising from loans and other related financial businesses.
Article 26 If the interest rate agreed between the borrower and the lender does not exceed the annual interest rate of 24%, and the lender requests the borrower to pay interest at the agreed interest rate, the people's court shall support it.
The interest rate agreed between the borrower and the borrower exceeds the annual interest rate of 36%, and the interest agreement in excess is invalid. The people's court shall support the borrower's request to the lender to return the part of the interest paid that exceeds 36% per annum.
Bridge loan is a legal loan method with short loan term and high interest rate, which can meet the short-term financing needs of some enterprises, but it also faces certain risks.
Bridge-crossing business belongs to the category of illegal operation, and it often borrows money from unspecified people. The main source of income is interest, similar to professional lenders.
Many enterprises went bankrupt because of crossing the bridge. The national policy is good, but it is really difficult to implement it below.
If the number of people crossing the bridge exceeds 10 in two years, it is suspected of committing a crime if the interest between non-friends exceeds 36%.