The registered capital is not less than 1 billion yuan, and the mortgage loan cannot be repaid——
Install a "safety valve" for online microfinance
With the ever-improving technical means such as cloud computing, the rapid development of online microfinance business also brings many financial risks.
In order to protect the legitimate rights and interests of enterprises and customers, the China Banking and Insurance Regulatory Commission, in conjunction with the People’s Bank of China and other departments, drafted the “Interim Measures for the Administration of Online Microfinance Business (Consultation Draft)” (hereinafter referred to as the “Consultation Draft”) to work together The loan business is equipped with a "safety valve".
Say "no" to consumers' excessive debt
Statistics from the "Post-95" Credit Card Consumption Report show that due to the low application threshold, simple procedures, and convenient use, Internet consumer financial products are sought after by young people and become the first choice for many "post-95s" when they try credit consumption for the first time.
However, the overly loose approval process and excessive loan quotas of some online lending platforms also create hidden dangers for young people to repay their loans on time.
Xiao Jiang, a senior in a college in Guizhou, is accustomed to using online loan services. Under the influence of advanced consumption, he borrows more and more times, and the pressure on repayment is also increasing.
"In the first half of the year, I stayed at home and took online classes. There was no living expenses. I borrowed a lot of money from relatives to repay the loan. Finally, there was no'explosion.'" Xiao Jiang said. Ways of working capital to repay online loans.
In response to the chaotic phenomenon of excessive borrowing caused by low loan thresholds, Article 13 of the "Draft for Comments" clearly stipulates that microfinance companies operating online microfinance business should be based on the borrower’s income level, overall liabilities, asset status and other factors , Reasonably determine the loan amount and period so that the borrower’s repayment per instalment does not exceed its repayment capacity; in principle, the balance of a single-family online small loan for natural persons shall not exceed RMB 300,000, and shall not exceed the average annual rate of the last 3 years 1/3 of income.
"Pay first, pay later", "open online loans with red envelopes", "use online loans with discounts"... With the help of big data, an endless stream of online loan advertisements are accurately placed on the borrower's mobile phone, and even more tempting Borrowers are in deep debt crisis, which brings harm to family and society.
In order to protect the legitimate rights and interests of consumers, the "Draft for Comments" stipulates that the online microfinance business should follow the principle of openness and transparency, fully fulfill the obligation of notification, so that the borrower clearly understands the loan amount, term, price, repayment method, etc., and It is stated in the contract; it is prohibited to induce the borrower to over-debt.
Relevant experts said that the release of the "Draft for Solicitation of Comments" has released a positive signal for the country to strengthen the supervision of online microfinance.
Relevant online lending platforms should actively assume social responsibilities, establish a sound evaluation and monitoring system for lending risks, and prevent misleading and induce consumers to overspend.
Guide the standardized development of online lending companies
In addition to protecting the rights and interests of consumers, the "Draft for Solicitation of Opinions" also guides online microfinance enterprises to standardize and professionalize through express provisions.
At present, many online microfinance companies break through the limitation of operating areas and engage in cross-provincial operations. The problems caused by risk control and high cost after loans in different places have added a lot of resistance to the healthy development of the industry.
In this regard, the "Draft for Comments" proposes specific specifications. The microfinance company's online microfinance business should be mainly carried out in the provincial administrative region of the registration place; without the approval of the banking regulatory agency of the State Council, microfinance companies shall not Develop online microfinance business across provinces.
Experts said that the "Draft for Comment" imposes "geographical restrictions" on online microfinance companies, which will effectively prevent some companies from conducting regulatory arbitrage or circumventing supervision, and then focus on providing better quality financial services locally.
In addition, some Internet companies use their own online micro-loan licenses and rely on models such as joint loans to avoid leverage restrictions. In retail loans to individuals, almost 90% of the funds come from the banking industry.
The "Draft for Solicitation of Comments" specifically stipulates joint loans. Internet small loan companies that are mainly used as information providers to cooperate with institutions to carry out loan business shall not help cooperative institutions to circumvent regulatory requirements such as remote operations.
In a single joint loan, the capital contribution ratio of the company operating the online small loan business shall not be less than 30%.
Huang Zhen, a professor at the School of Law of Central University of Finance and Economics, believes that the "Draft for Comments" will help reduce the leverage ratio of online microfinance companies and ensure that loans can be made before joint loans. This improves the risk constraints of the company itself and effectively strengthens risks. control.
The industry ushered in a new round of "shuffle"
Industry insiders pointed out that the original intention of liberalizing the online microfinance business was to meet the financing needs of small and micro enterprises, but some online loan companies have frequent illegal operations, exposing that the online microfinance industry is in a state of mixed good and bad.
The "Draft for Comment" directly raises the funding threshold for operating online microfinance, requiring that the registered capital of companies engaged in online microfinance be no less than RMB 1 billion, and the registered capital of companies operating cross-provincial online microfinance business should not be less than RMB 5 billion, and all are paid in one-off monetary capital.
In terms of fund management, the "Draft for Comments" pointed out that companies operating online microfinance business should strengthen fund management and implement special account management for lending funds (including their own funds and externally integrated funds), and all funds must enter the only special loan The household can lend.
"If the "Draft for Solicitation of Comments" is implemented, it will bring a new round of "shuffle" to the industry." Li Weimin, a lawyer at Beijing Weibo Law Firm, analyzed in an interview with this newspaper, "Under the regulations of strong supervision and strict access Some microfinance companies that lack advantages and violate laws and regulations will face elimination, providing banks and other financial companies with opportunities to expand their markets. At the same time, this also provides favorable guarantees for China’s financial stability and financial security, which is actually from the root cause Protect the rights and interests of consumers."
Huang Zhen said that the "Draft for Comment" further regulates the development of the online microfinance industry, while also raising the threshold and restricting corporate behavior. This will be conducive to the sound operation of online microfinance companies and promote the sustainable development of inclusive finance .
Our reporter Liu Leyi