First, is the microfinance company legal?
A small loan company is an independent legal person approved by the competent department of the provincial government and obtaining a business license in the industrial and commercial department. They don't need a license to operate financial business, so they don't belong to financial institutions. However, small loan companies operate money and issue loans, but they are performing the functions of financial institutions, which makes small loan companies embarrassed in their identity and causes the following shortcomings:
1. The deposit in the bank is only implemented according to the deposit interest rate of ordinary industrial and commercial households, which is far lower than the interbank deposit interest rate of financial enterprises and not as high as the deposit interest rate in the central bank. 2. When financing from banking financial institutions, you can't enjoy the preferential interest rate of interbank borrowing, and you can only implement it according to the general enterprise loan interest rate, which is high in financing cost. 3. Because microfinance companies are not financial institutions, it is not conducive to the maintenance of their financial claims. 4. As microfinance companies do not belong to financial institutions, they can neither enjoy the preferential tax policies of financial institutions nor enjoy various financial subsidies from rural financial institutions, but they have to pay taxes and fees according to ordinary enterprises, resulting in a heavier tax burden for microfinance companies. According to the survey, microfinance companies generally have to pay 5.56% business tax and surcharges, 25% enterprise income tax, 1.5% price control fund and 0.65438+.
Second, are microfinance companies regulated by government departments?
According to the relevant provisions of the guidance, microfinance companies do not belong to banking financial institutions, and the provincial government clearly stipulates that a competent department is responsible for the supervision and management of microfinance companies, which leads to two situations:
1. In the provincial government, there is generally a financial office to supervise, and at the city and county levels, the financial work leading group is responsible for supervision. As the leading group for financial work is a non-permanent organization sponsored by the government, the People's Bank of China, the banking supervision department, the industrial and commercial department, the financial department, the tax department and the audit department, the virtualization problem of "multi-supervision" eventually becomes "unsupervised".
2. The situation is that the People's Bank of China and the banking supervision department are not directly responsible for the supervision of small loan companies, so that when the above two departments monitor and count the interest rate, loan investment and capital flow of small loan companies, the attitude of small loan companies is not positive, and the data provided are often inaccurate and the information submitted is not timely. At the same time, if there are no illegal and criminal acts in the actual operation process, then the microfinance company at this time should be legal. However, some microfinance companies have agreed with borrowers that the loan interest is high, but they have not reached the standard of usury, so they will not think that the other party is usury.