Is it illegal for banks to cross the bridge? How to judge?

The term "bridge-crossing business" came into being on the premise that "the lender can't pay off the bank loan after it expires". During the economic downturn, some people (or companies and organizations) with a lot of spare money found this situation and conceived this "bridge business" of "I will repay the loan for you and pay it back to me immediately after the loan goes out".

In other words, providing "bridge funds" business is carried out by rich people outside banks.

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 the interest rate ceiling (more than 36% is not protected by law), the source of funds (whether it is legal or not, whether it involves illegally absorbing public deposits) and so on.

Even if the bridge breaks in the accident (I thought the bank loan would be lent here soon after it was returned, but the bank stopped lending after receiving the loan), are you involved in "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 purpose of the borrowed money is very special.

How to judge whether the bridge crossing business is illegal? At present, it is difficult to "judge in advance". Because it is "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 are not saying that it is illegal for you to participate in lending-this is fundamentally different.

The risk of "not being protected by law" is that "once a dispute goes to court, the court can't accept it" or "not admitting more than 36%", which does not mean that "all lenders who get interest rates above 36% will definitely go back to prison".

Otherwise, if you really "touch it and break the law", it means "you borrowed 6.5438+million yuan from your friend, suddenly earned 6.5438+million yuan a year, and paid him back 200,000 yuan." Your friend must go to jail after receiving your 200,000 yuan. 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 should 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 between the two parties, it is difficult to determine who broke the law.

The essence of bridge-crossing business is also the legal relationship of lending. Legal prompt whether the bridge crossing business is illegal can be judged and referenced from the following aspects:

1 interest rate. If the loan interest rate of bridge-crossing business exceeds 36%, it is illegal, and the Civil Code has clearly stipulated that high-interest lending is prohibited. If the interest rate exceeds 36% of Nianhua, the excess is invalid and must be returned to the borrower.

② Lender. First of all, banks, consumer finance companies, trust companies and microfinance companies are qualified lenders for bridge-crossing business. They are approved by the government and have the qualification to lend, so there is generally no big problem. The second is private lending and natural person lending, which is often referred to as "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) for more than 10 times in two years.

Once recognized as a professional lender, first of all, in the civil aspect, its lending behavior will be recognized as invalid. Secondly, in the administrative aspect, it constitutes illegal business operation, or faces punishment and ban by administrative organs. Finally, in the criminal aspect, if you follow the behavior of high interest rate and a certain amount of loans (please refer to Several Criminal Opinions on Illegal Lending for details), it may constitute the crime of illegal business operation.

Therefore, from the above points, we can judge whether the bridge crossing business is illegal. If bridge-crossing business is involved, you can focus on the other party's interest rate and loan qualification. Don't be accidentally set up, cheated and so on.

The above comments are for reference only.

Welcome to pay attention to the "legal tips" and protect your rights with legal tips!

Banks don't have bridge-crossing business themselves, and they will do interbank lending if necessary in the short term.

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 don't want bad things, and customers don't want 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 and 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 at the same time 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 risks are relatively large.

In this case, many local governments have set up many loan funds to solve the financing difficulties of enterprises.

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 established with the approval of financial supervision departments to engage in loan business, and disputes arising from loans and other related financial businesses.

Article 26 If the interest rate agreed by the borrower and the lender does not exceed 24% of the annual interest rate, 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 interest paid in excess of 36% of the annual interest rate.

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 business, and it often borrows money from unspecified people. The main source of income is interest, similar to professional lenders.

Bridge crossing business is not illegal, but there is no guarantee that bridge crossing behavior is not illegal.

What do you mean it's not illegal to cross the bridge? Bridge crossing: a way for individuals or enterprises to borrow money.

Crossing the bridge is a common business of private lending, in other words, private lending is not illegal, but in lending, this behavior is not necessarily illegal, such as high interest rates, beheading, yin-yang contracts and other routines.

Personal funds cross the bridge in reality, there will generally be situations in which individuals need funds to circulate in bank loans. The bank requires the borrower to return a sum of money within the prescribed time limit, and the bank examines the accounts to ensure the normal use of the borrower's funds, and then releases them according to the regulations. However, many people don't have enough capital turnover when they repay the node according to the requirements of the bank, so the business of crossing the bridge with funds is derived.

Inter-enterprise lending. As mentioned above, some businesses of enterprise loans in banks also need to be audited at nodes. At the same time, when the enterprise's capital turnover is not as good as it is, it is also necessary to use individuals or enterprises to cross the bridge.

Purpose of crossing the bridge: The ultimate purpose of crossing the bridge is mutual benefit. For the borrower, first of all, it will not be overdue in the bank or cause other problems that are not conducive to the credit investigation and authorization of enterprises or individuals; For investors, it can bring a profit, namely interest, from the use of funds.

Therefore, the bridge crossing business is not illegal, but a common lending behavior among the people. How to distinguish whether crossing the bridge is illegal?

From the borrower's point of view, illegal behavior is nothing more than interest, and usury is also the most common illegal behavior.

In the bridge-crossing business, there is always a stage of direct discussion between the lender and the borrower before lending, and the borrower pays attention to the contract to avoid inconsistency between the contract and the interview. Pay attention to interest and ensure that the principle of fairness and justice is followed after the liability for breach of contract occurs within the red line.

As for bank loans, bank loans are a problem between individuals and banks. Generally speaking, if the borrower does not appear overdue or other bank restrictions in the contract, the bank will not lend, and it is illegal for the bank to lend innocently. There is also risk control when crossing the bridge. Before lending, investors will also review and evaluate whether the bank has the possibility of lending, or check with the bank.

I am Lao Liang, engaged in personal loans and corporate financing. If you need or are correcting the loan problem, you can pay attention to @ Zhengzhou Laoliang Loan Exchange, and Laoliang can help you.

In two years, the number of people crossing the bridge exceeds 10, and non-friends crossing the bridge are suspected of committing crimes as long as the interest exceeds 36%.