1. For enterprises, they can borrow money or pay interest, which are all in compliance. But if the loan is repaid with borrowed funds, there may be risks. Because the loans issued by ordinary banks have special purposes, it is actually a breach of contract for enterprises to return the advance funds. If the bank finds out, it will cancel the contract and recover the loan in advance;
2. For banks, in fact, they may not have known about the existence of bridge loan before, but after the loan is issued, according to the regulatory provisions, they should conduct post-loan inspection. If the loan is found to be used for other purposes, the contract must be terminated and the loan recovered in advance.
The solution of funds crossing the bridge is as follows:
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.
Legal basis: Article 1 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases.
The term "private lending" as mentioned in these Provisions refers to the financing behavior between natural persons, legal persons and other organizations and between 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.