Joke Collection Website - Bulletin headlines - What are the legal policies on campus loans? Thank you for your answers.
What are the legal policies on campus loans? Thank you for your answers.
First, what are the legal policies on campus loans? Thank you for your answers.
You should never touch illegal loans.
Second, what are the legal policies on campus loans? Thank you for your answers.
The state explicitly prohibits campus loans and prohibits any financial institution from providing loan services to students.
That's what the law says. In fact,
Thank you!
third, can college students get a mortgage? What should I pay attention to?
Ask the bank
IV. What are the legal provisions related to campus loans
Interim Measures for the Management of Business Activities of Information Intermediaries in peer-to-peer lending Chapter I General Provisions Article 1 To regulate the business activities of information intermediaries in peer-to-peer lending, protect the legitimate rights and interests of lenders, borrowers, information intermediaries in peer-to-peer lending and related parties, and promote the healthy development of peer-to-peer lending industry, To better meet the investment and financing needs of small, medium and micro enterprises and individuals, these Measures are formulated in accordance with the general requirements and regulatory principles put forward in the Guiding Opinions on Promoting the Healthy Development of Internet Finance, as well as the General Principles of the Civil Law of the People's Republic of China, the Company Law of the People's Republic of China, the Contract Law of the People's Republic of China and other laws and regulations. Article 2 Unless otherwise provided by laws and regulations, these Measures shall apply to the information intermediary business activities of peer-to-peer lending in China. The term "peer-to-peer lending" as mentioned in these Measures refers to the direct lending between individuals through the Internet platform. Individuals include natural persons, legal persons and other organizations. Peer-to-peer lending Information Intermediary refers to a financial information intermediary company established in accordance with the law and specializing in information intermediary business activities in peer-to-peer lending. This kind of institutions use the Internet as the main channel to provide information collection, information publication, credit evaluation, information exchange, loan matching and other services for borrowers and lenders (that is, lenders) to realize direct lending. The term "local financial supervision departments" as mentioned in these Measures refers to the departments that the provincial people's governments undertake the responsibilities of local financial supervision. Article 3 peer-to-peer lending information intermediary institutions shall provide information services to borrowers and lenders in accordance with the principles of legality, honesty, voluntariness and fairness, safeguard the legitimate rights and interests of lenders and borrowers, and shall not provide credit enhancement services, directly or indirectly collect funds, illegally raise funds, or harm the national interests and social interests. The borrower and the lender shall bear the loan risk in accordance with the principles of voluntary lending, honesty and trustworthiness, self-responsibility and self-risk. Peer-to-peer lending information intermediary institutions bear the responsibility of objective, true, comprehensive and timely information disclosure, and do not bear the risk of loan default. Article 4 The management responsibilities of all parties shall be implemented in accordance with the general requirements of "encouraging innovation, preventing risks, benefiting and avoiding disadvantages, and developing healthily" in the Guiding Opinions on Promoting the Healthy Development of Internet Finance and the regulatory principles of "legal supervision, moderate supervision, classified supervision, collaborative supervision and innovative supervision". The banking supervision institution of the State Council and its dispatched offices are responsible for formulating the supervision and management system of business activities of information intermediaries in peer-to-peer lending, and implementing behavior supervision. The people's governments at the provincial level shall be responsible for the institutional supervision of information intermediaries in peer-to-peer lending. The Ministry of Industry and Information Technology is responsible for the supervision of the telecommunications business involved in the business activities of information intermediaries in peer-to-peer lending. The Ministry of Public Security takes the lead in supervising the Internet services of information intermediaries in peer-to-peer lending, investigating and dealing with illegal activities in violation of network security supervision according to law, and cracking down on financial crimes and related crimes involving peer-to-peer lending. The National Internet Information Office is responsible for the supervision of financial information services, Internet information content and other businesses. Chapter II Filing Management Article 5 peer-to-peer lending information intermediary institutions and their branches that intend to provide information intermediary services in peer-to-peer lending shall, within 1 working days after obtaining the business license, bring relevant materials to the local financial supervision department of the industrial and commercial registration place for filing and registration. The local financial supervision department is responsible for filing and registering information intermediaries in peer-to-peer lending. The local financial supervision department shall accept the filing and registration materials submitted by peer-to-peer lending information intermediary institutions when they are complete, and complete the filing and registration procedures within the time limit prescribed by the provinces (autonomous regions and municipalities). Registration for the record does not constitute the recognition and evaluation of the operating ability, compliance and credit status of peer-to-peer lending information intermediary institutions. The local financial supervision department has the right to evaluate and classify peer-to-peer lending information intermediaries after filing and registration according to these Measures and relevant regulatory rules, and publicize the filing and registration information and classification results on the official website in time. After completing the registration with the local financial supervision department, peer-to-peer lending information intermediary institutions shall apply for the corresponding telecom business license in accordance with the relevant provisions of the competent department of communications; Those who fail to apply for a telecom business license according to regulations shall not carry out information intermediary business in peer-to-peer lending. Peer-to-peer lending information intermediary institutions for the record registration, evaluation and classification and other specific rules shall be formulated separately. Article 6 An institution engaged in information intermediary business in peer-to-peer lending shall substantially define peer-to-peer lending information intermediary in its business scope, except as otherwise provided by laws and administrative regulations. Article 7 In case of any change in the registration items of information intermediary institutions in peer-to-peer lending, it shall report to the local financial supervision department of the industrial and commercial registration place within 5 working days and change the registration information. Article 8 Where a registered information intermediary institution in peer-to-peer lending intends to terminate the information intermediary service in peer-to-peer lending, it shall notify the local financial supervision department of the industrial and commercial registration place in writing at least 1 working days in advance before terminating the business, and handle the record cancellation. If the peer-to-peer lending information intermediary institution registered for the record is dissolved or declared bankrupt according to law, the local financial supervision department of the industrial and commercial registration place shall cancel its record, in addition to liquidation according to law. Chapter III Business Rules and Risk Management Article 9 peer-to-peer lending information intermediary institutions shall perform the following obligations: 1. Provide lenders and borrowers with the collection, sorting, screening and online publishing of direct lending information, as well as credit evaluation, loan matching, financing consultation, online dispute resolution and other related services in accordance with laws, regulations and contracts; 2, the lender and the borrower qualifications, the authenticity of the information, the authenticity and legality of the financing project; 3. Take measures to prevent fraud, discover fraud or other situations that harm the interests of lenders, and promptly announce and terminate relevant peer-to-peer lending activities; 4. Continue to carry out knowledge popularization and risk education activities in peer-to-peer lending, strengthen information disclosure, guide lenders to participate in peer-to-peer lending in a small and scattered way, and ensure that lenders are fully aware of lending risks; 5. Submit relevant information in accordance with laws, regulations and relevant regulatory requirements of peer-to-peer lending, among which the information on creditor's rights and debts in peer-to-peer lending should be submitted and registered to the relevant data statistics department in time; 6. Keep the information and transaction information of the lender and the borrower properly, and do not delete or tamper with it, or illegally buy, sell or disclose the basic information and transaction information of the lender and the borrower; 7. Perform anti-terrorism financing obligations such as customer identification, suspicious transaction report, customer identity information and transaction record keeping according to law; 8. Cooperate with relevant departments to do a good job in preventing and investigating financial crimes; 9. Do a good job in Internet information content management, network and information security according to relevant requirements; 1. Other obligations stipulated by the banking supervision institution of the State Council and the provincial people's government at the place of industrial and commercial registration. Article 1 Information intermediaries in peer-to-peer lending shall not engage in or be entrusted to engage in the following activities: 1. Financing for themselves or in disguised form; 2. Directly or indirectly accept and collect the lender's funds; 3. Directly or in disguised form, provide a guarantee to the lender or promise to protect the principal and interest; 4. Propagandize or promote financing projects in physical places other than the Internet, fixed telephones, mobile phones and other electronic channels by itself or by entrusting or authorizing a third party; 5. Granting loans, except as otherwise provided by laws and regulations; 6. Split the term of the financing project; 7. Raise funds by selling financial products such as wealth management on its own, and sell financial products such as bank wealth management, brokerage asset management, funds, insurance or trust products on a commission basis; 8. Carry out asset-like securitization business or realize the transfer of creditor's rights in the form of packaged assets, securitized assets, trust assets and fund shares; 9. Except as permitted by laws and regulations and relevant regulatory provisions of peer-to-peer lending, mix, bind and represent with other institutions in any form, such as investment, agency sales and brokerage; 1. Fictitiously exaggerating the authenticity and income prospect of financing projects, concealing the defects and risks of financing projects, making false one-sided publicity or promotion by ambiguous language or other deceptive means, fabricating and spreading false information or incomplete information to damage the commercial reputation of others and mislead lenders or borrowers; 11. Providing information intermediary services for high-risk financing such as investment in stocks, OTC fund allocation, futures contracts, structured products and other derivatives; 12. Engaged in equity crowdfunding and other businesses; 13. Other activities prohibited by laws and regulations and relevant regulatory provisions of peer-to-peer lending. Article 11 Lenders and borrowers participating in peer-to-peer lending shall be real-name registered users verified by peer-to-peer lending information intermediary agencies. Article 12 The borrower shall perform the following obligations: 1. Provide true, accurate and complete user information and financing information; 2. Provide information on outstanding loans in all peer-to-peer lending information intermediaries; 3. Ensure that the financing project is true and legal, and use the loan funds according to the agreed purposes, and shall not be used for other purposes such as lending; 4. Truthfully report the major information that affects or may affect the lender's rights and interests to the lender according to the agreement; 5. Ensure that it has the repayment ability that matches the loan amount and repays in accordance with the contract; 6. Other obligations stipulated in the loan contract and relevant agreements. Article 13 A borrower shall not engage in the following acts: 1. Fraudulent borrowing by intentionally changing identity, fabricating financing projects or exaggerating the income prospects of financing projects; 2. Repeated financing for the same financing project through multiple peer-to-peer lending information intermediaries, or by changing the project name or making immaterial changes to the project content; 3. Publish the information of the same financing project in public places other than peer-to-peer lending information intermediary institutions; 4. It has been found that the services provided by peer-to-peer lending information intermediary institutions contain the contents listed in Article 1 of these Measures, and transactions are still conducted; 5. Other activities prohibited by laws and regulations and relevant regulatory provisions of peer-to-peer lending. Article 14 Lenders participating in peer-to-peer lending shall have the awareness of investment risks, the ability to identify risks, the experience of investing in non-principal financial products and be familiar with the Internet. Article 15 Lenders participating in peer-to-peer lending shall perform the following obligations: 1. Provide information such as true, accurate and complete identity to peer-to-peer lending information intermediary institutions; 2. Lending funds are self-owned funds with legitimate sources; 3. Understand the credit risk of financing projects and confirm that they have corresponding risk awareness and tolerance; 4. Bear the loss of principal and interest arising from borrowing; 5. Other obligations stipulated in the loan contract and relevant agreements. Article 16 Information intermediaries in peer-to-peer lending can only conduct risk management such as credit information collection, verification, post-loan tracking, mortgage and pledge management and some necessary business links specified by relevant regulatory provisions in peer-to-peer lending in physical places other than the Internet, fixed telephones, mobile phones and other electronic channels. Seventeenth peer-to-peer lending amount should be mainly small. Peer-to-peer lending information intermediary institutions shall, according to their risk management capabilities, control the upper limit of the loan balance of the same borrower on the same peer-to-peer lending information intermediary platform and different peer-to-peer lending information intermediary platforms to prevent the risk of credit concentration. The upper limit of the loan balance of the same natural person on the same peer-to-peer lending information intermediary platform shall not exceed RMB 2,; The upper limit of the loan balance of the same legal person or other organization on the same peer-to-peer lending information intermediary platform shall not exceed RMB 1 million; The total loan balance of the same natural person on different platforms of peer-to-peer lending information intermediary institutions shall not exceed RMB 1 million; The total loan balance of the same legal person or other organization in different platforms of peer-to-peer lending information intermediary institutions shall not exceed RMB 5 million. Article 18 peer-to-peer lending information intermediary institutions shall, in accordance with the relevant provisions of the national network security and the requirements of the national information security level protection system, carry out grading filing and level testing of information systems, have perfect network security facilities and management systems such as firewall, intrusion detection, data encryption and disaster recovery, establish relevant systems for information technology management, technology risk management and technology audit, allocate sufficient resources, adopt perfect management control measures and technical means to ensure the safe and steady operation of information systems, and protect the information security of lenders and borrowers. Peer-to-peer lending information intermediary institutions shall record and retain data such as online log information and information interaction content of both borrowers and lenders, and the retention period shall be 5 years from the expiration of the loan contract. At least once every two years to carry out a comprehensive security assessment, accept the information security inspection and audit of the state or industry authorities. Within two years after its establishment, peer-to-peer lending information intermediary institutions shall establish or use application-level disaster recovery system facilities that match their business scale. Nineteenth peer-to-peer lending information intermediary institutions shall set a raising period for a single financing project, the longest of which shall not exceed 2 working days. Article 2 The principal and interest paid by the borrower shall belong to the lender. Peer-to-peer lending information intermediary institutions shall separately agree on the fee standards and payment methods with lenders and borrowers. Twenty-first peer-to-peer lending information intermediary institutions should strengthen business cooperation with financial credit information basic database operating institutions, credit reporting agencies, etc., and provide, inquire and use relevant financial credit information according to law. Article 22 When participating in the business activities of information intermediaries in peer-to-peer lending, all parties need to use electronic signatures and electronic authentication on the basic information and transaction information of lenders and borrowers, they shall abide by the provisions of laws and regulations, and ensure the authenticity and integrity of data and the legal effect of electronic signatures and electronic authentication. When using the third-party digital authentication system, information intermediaries in peer-to-peer lending shall regularly evaluate the third-party digital authentication institutions to ensure that the relevant authentication is safe, reliable and independent. Twenty-third peer-to-peer lending information intermediary institutions shall adopt appropriate methods and techniques to record and properly preserve the data and materials of business activities in peer-to-peer lending, and do a good job of data backup. The storage period shall meet the requirements of laws and regulations and relevant regulatory provisions of peer-to-peer lending. The loan contract shall be kept for at least 5 years after its expiration. Twenty-fourth peer-to-peer lending information intermediary institutions shall, at least 1 working days in advance, announce to lenders and borrowers through official websites and other effective channels, and notify lenders and borrowers through mobile phones, fixed telephones and other channels. The suspension or termination of the business of information intermediary institutions in peer-to-peer lending shall not affect the relevant rights and obligations of the parties to the signed loan contract. Where an information intermediary institution in peer-to-peer lending is terminated due to dissolution or bankruptcy, it shall properly handle the existing lending business before dissolution or bankruptcy, and the liquidation shall be handled in accordance with relevant laws and regulations. When peer-to-peer lending information intermediary institutions are liquidated, the funds of the lender and the borrower belong to the lender and the borrower respectively, but do not belong to the property of peer-to-peer lending information intermediary institutions and are not included in the liquidation property. Chapter IV Protection of Lenders and Borrowers Article 25 Without the authorization of the lender, peer-to-peer lending information intermediary agencies shall not make decisions on behalf of the lender in any form. Twenty-sixth peer-to-peer lending information intermediary institutions shall prompt the lenders about the risks and prohibited sexual behaviors in peer-to-peer lending in a striking way, and the lenders shall confirm it. Peer-to-peer lending information intermediary institutions shall conduct due diligence assessment on the lender's age, financial status, investment experience, risk preference and risk tolerance, and shall not provide trading services to lenders who have not conducted risk assessment. Peer-to-peer lending information intermediary institutions shall, according to the risk assessment results, implement hierarchical management of lenders, and the setting can be dynamic.
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